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Copyright infringement case Learning Copyright Law through Copyright Infringement Cases Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn’t as easily defined as theft or speeding, there are numerous copyright infringement cases that are changing the way copyright law is viewed in the United States of America. By reviewing a few of these copyright infringement cases, you’ll be able to get a better idea of what is, and is not, acceptable use of copyrighted works. As a forward, however, you’ll need to know a little bit about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means that the copyright holder hadn’t been asked for permission to use the work, or if they had, that the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, give a sampling of what goes to the Supreme Court in copyright infringement. Feist Publications v. Rural Telephone Service Co (6th Cir. 1996) This copyright infringement case was brought upon the Supreme Court in 1996 regarding the copyright of a database. The supreme court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are “arranged and selected in an original manner.” Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory such as a phone book are not protect-able because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge, and the competing telephone company was allowed to tap into their competitors’ database and use that data in their own work without liability. Princeton University Press v. Michigan Document Services, Inc (6th Cir 1996) This case has to do with the ‘fair use’ law, which is defined in the Copyright Act of 1976, 17 U.S.C. § 107. In this case, a photocopying service was sued for copyright infringement for making ‘course packs’ for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor – then the course pack was bound together by a professional copy shop. In the fair use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials, the printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the fair use code and found that it was NOT fair use, and the printing shop had to pay the copyright costs. As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC §106, or of the author as provided in §106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine. Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you’ll find many copyright cases in relation to electronic copyrights – such as those you’d find on a website or PDF file, as well as other digital media such as music and audio files. It’s probable that you’ve seen copyright cases brought against the common person – such as a child or family – for downloading digital music in the form of MP3s. In the current internet age we’re in, it’s not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the internet that we’ll see many more copyright cases.

Software copyright statement A Software Copyright Statement Protects Current and Future Works If you have a site that is dedicated to the sharing and distribution of open source software it is a great idea to have a software copyright statement that explains the limits of use for your software as well as the limits of your responsibility for those uses. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of. A software copyright statement doesn't have to be a 10 page booklet on the law or the protections that copyright offers, it should be a simple short paragraph stating the basics and hopefully covering your rear from litigation and/or responsibility should someone use the software you are allowing them to use for something insanely stupid or frighteningly criminal while establishing your ownership of the material and expectations of those you are allowing to use your creation. This for some is a no brainer because they've done it before and know the ropes. There are new software developers born and made each and every day and this type of software copyright statement may serve to save them a little grief of their own some day. If you are being kind enough to freely share the software you created with others, you'd like to think that they would at least return the favor of using it within the letter of the law or the manner in which it was intended. This, however, is rarely the case so protecting yourself, your copyright, and your future interests by posting a software copyright statement on your website is really the best way to go in a situation such as this. Trust me I'm not trying to talk anyone out of sharing his or her software with the world. I rather like open source software and admit to using it freely (no pun intended). I love saving money almost as much as I love playing around with new technology. Software allows me to do that and find likes and dislikes about all kinds of programs. Issuing a software copyright statement is one way of protecting your investment of time, effort, energy, and sheer brilliance in the making and design of your technological masterpiece. Hopefully that flattery will keep you going a bit longer at any rate. It is important to know that a software copyright statement is only part of the process required to protect your software but for the most part poses a significant deterrent to those that would abuse your copyright and/or your kindness in allowing the distribution of your software. Even if you are charging people for the use of your software (we are a nation of capitalists after all) you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution. Your software copyright statement is a very small protection for your software don't expect it to be the brunt of your protection. Most of the software developers, coders, and programmers (and any other name you wish to call them) that I know aren't as concerned nearly as much about associating their name with the products they create as they are with protecting future potential income from both the products they are currently designing and the future, improvements they will make to the software and the much improved finished product that comes later. By protecting all your work with a software copyright statement you are not only protecting current works but future works as well.

The "Catch" to Some of these Freebie Sites Remember that old saying, "There's no such thing as a free lunch?" Well, it's not true—there are plenty of freebies out there. However, there are some things you should know about if you are going to go after these freebies. The World Wide Web is awash with web sites that like to offer visitors with loads of tempting freebies. But although many of these are legitimate offers, there are some things you should know about these freebie sites. Here are some things to know about these freebie sites. Getting Things for Free—A Caveat Here is the basic caveat when it comes to these freebie offers—there is usually something you will have to endure in order to get your freebie. Although you may not have to make any sort of financial contribution or monetary expense, you will have to pay in some small non-monetary way. Here is a quick rundown of various kinds of 'catches' that you may come across as you seek out the best of the web's freebies. Watching Ads Before You Get to the Good Stuff One of the most common techniques that websites will use before you can get access to their freebies is to force you to watch ads. There are many different versions of this method. Many sites that promote freebies will support their site through advertisements. Most advertisements show up as pop-up or banner ads. Some websites also use video websites. With the ubiquity of high speed Internet, video ads have lately become the preferred method of advertisement on many websites. The less subtle of these ads are the pop-up and banner ads. Pop-up ads are often quite obtrusive and they can interrupt your enjoyment of the website. You might want to avoid ad-based freebie sites at work, as these can often interfere with your screen. Many popular freebie websites also offer ad-free versions of their content. This may be something to consider if you really find the website's content valuable. Be Wary of Automatic E-mail Sign-Ups Many freebie websites will sign you up automatically for their email newsletters. The worst-case scenario is when the website allows its partners to bombard you with email ads. What is the best way to avoid getting on an unwanted email list? Read the fine print, and whenever you get the option, uncheck the opt-in box at the very bottom of the page. Take Care of Your Privacy Many sites that offer freebies make money by selling the personal information that they gain from their web traffic. In order to avoid having your personal information being sold, you should avoid giving your personal information to websites that can't provide you with an upfront privacy policy. You should also look for the TRUSTe seal that ensures your personal information is kept secure and private. Also, never provide more information than you need to provide. Avoid Large Downloads Whenever Possible Another thing you should watch out for are large downloads. Although there are many legitimate large downloads out there, you should avoid sites that don't tell you exactly what you are downloading, how long the download will take, and how big the file size is. Watch Out for Disappearing Websites If there is one thing to know about freebie websites is that they are often 'here today, gone tomorrow' type enterprises. Many freebie websites simply don't survive for very long. You should think hard before committing to a website that offers free services that you will have to depend on. The last thing you want is to depend on a website's services, and then have those services disappear or suspended.