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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.
Better Employees Avoid these Top Five Office Blunders Being a good employee can go a long way when it comes to the workplace and job advancement. When you are working in an office there are certain unspoken rules that you will want to follow. One of the biggest mistakes that one can make when they are working in an office is having romantic relationships with co-workers or their boss. This completely colors the work situation and can cause major problems in the workplace. Although office romances are common, they typically bring about some friction between the couple or the couple and others. The remedy for office romance issues is that usually one or both members of the romance leave the job. Being dishonest is an office blunder that can land you in the unemployment office. Stealing from your job, lying about reports being done and trying to cause conflict by lying to one co-worker about another are all very silly mistakes that employees make. It is not acceptable to borrow money from the float, even if you are intending to pay it back. Pretending like you have completed your work when it is only half done is not wise. Gossiping and stirring up rumors is also not a good idea. All of these things can make you the bosses’ number one most wanted to fire employee. Not following the dress code is another easy to remedy problem that many employees make. The reason why this is such a big deal is because it says that you do not care about your position enough to wear the right clothing. It also can land your boss in hot water if the director or head supervisor comes into the department. Not only will you be reprimanded for not having on proper uniform, your boss will be singled out for not making you comply with uniform standards. The too can make you very unpopular with the boss. Saying incredibly inappropriate things is also a blunder that can easily be avoided. Jokes and comments about the way that people look in their clothing can border on the line of harassment. In fact, just about anything can be proven to be harassment by a good lawyer. That is why it is best to keep jokes and opinions about others to you and you only. You could lose your job and find yourself in a lawsuit otherwise. The number one blunder than employees make on the job is having a bad attitude. People that are very negative bring down a crowd, not just themselves. That means that when the time comes to make cuts, the bad attitude person is the likely candidate. Removing a negative person from the workplace can bring up the morale of everyone else. Even very effective employees with bad attitude are often terminated simply because they bring down the mood and productivity of others. Be thankful that you have a job and keep a positive frame of mind. If you are not happy with your job, search for another one. In addition to these five blunders that better employees avoid, there are a few obvious ones. Being tardy is perhaps one of the most prevalent and easy to prevent blunders employees make. Being tardy on a regular basis is not acceptable. There is no reason to continuously be tardy for work. If you are getting stuck in traffic, leave earlier or take a different route. Being a good employee can take you a long way at work and in your personal life. It feels good to know that you are an effective person be it at work or elsewhere. Be kind to co-workers and go through your days with a positive mindset. With these tools in place you will be able to avoid blunders more effectively. Do and Don’ts of the Interview Process No one likes job interviews. From the moment you schedule the interview you are under a microscope. Your potential employers waiting for you to make the move that make you stand out or eliminates you from being a candidate for the job. This necessary dance that just about everyone, has to go through can be mastered. Learn the key things to do to become a high-ranking candidate for a job. First of all, before you go to the interview be prepared. Having copies of your resume and pens are only half the battle. Where exactly is the office located? Do not leave the location or the interview site up to chance. The only way to know exactly where your interview is and how much travel time you should allow is to go there. Even if you are interviewing out of town, find out how long the drive is to the interview. Nothing disqualifies you, in most cases, faster than being late for your interview. Before you are sitting across from the interviewer, accumulate some knowledge about the company. Knowing about the position is not enough. Everyone that interviews will have read the advertisement for the position. You need to be armed with information about the company. Have they won any service awards? Are they ranked as one of the best companies in America to work for? Find out and impress the interviewer. Another way to impress the interviewer is to have intelligent, thoughtful questions to ask. Ask about productivity, benefits or training procedures. Show that you have done your homework and are truly extend about the position. Be attentive and bring the interviewer as much information as possible about yourself. If you have a portfolio or reference letters, be sure you take them to the interview. Also be prepared with complete work history and information as well as past residency information. Be ready to answer a few probing questions. Why do you want the job you have applied for? What makes this a good time for a job or career change? Have some intelligent answers for these questions. Interviews will know if you are nervous. No matter how badly you need the job, do not appear desperate. Show that you believe in yourself and are confident about your ability to do the job. Speak in terms of when you get the job opposed to it. While this is a bold move it is a way to reinforce the idea of you being chosen for the job. This is a trick for both you and the interviewer. No matter how true this may be, never tell the interviewer that you “really need a job”. If this is what you tell the interviewer they will think that you are willing to take any job. Also, never talk negatively about your current boss or co-workers. Give as objective view as possible if you are asked about your current job relationship. Inquire about the next interviewing steps. This will not only show the interviewer that you are interested in the position it will also give you some time to prepare if you are called for the next interviewing step. Be sure to keep a notebook in your car so you can jot down notes immediately after you leave the interview. This is the best way to keep track of important facts about the position. In a day or so, mail a thank you card to your interviewer. This could be the added interest they are waiting to see from you in order to eliminate the other candidates. |