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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.
Achieving a Better Family and Work Balance Makes for Better Job Performance Are you constantly working after hours and weekends at the office? Are beginning to forget what your family even looks like? Many people find themselves in this predicament. Work seems to get more and more demanding with every passing day, and to stay on top of your game at work, you feel like you need to put in long hours. The flipside to this is that of course when you are at the office, you are away from home – away from family dinners, play time and your kids’ sporting events or school plays. You may feel like your hands are tied – that no matter how much you want to be more involved with your family life, you have to keep working as hard as ever to make sure your family is provided for in the long run. The truth is, however, that you may be doing yourself a disservice on both fronts. Studies have shown time and again that well rested workers with well balanced lives are more productive in the time they do spend working. In the end, the best way to be a stand out worker at the office is to be fully involved and present in your family live. But wait, you say, “I’m working practically around the clock now, and everything still isn’t getting done.” However, maybe the problem isn’t that you aren’t working hard enough. Maybe the problem instead is that you aren’t working smart enough. Think about the way you spend you working day. Are you taking on more responsibility than you need to, instead of delegating tasks to others? Are you spending a lot of time chatting in the break room when you run for a cup of coffee? Are you procrastinating so that big projects require you to work all-nighters instead of spreading out the work? Keep a journal of all of your activities at work for a few days. You might be surprised to see how you are really spending your time and in what areas you could make improvements. Simply staying on task and delegating effectively could get you home in time for dinner. When you have done everything you can to make your work habits as productive as possible, it is time to turn to other ways to balance your work life and your family life. Rule number one is the hardest one for most people to follow you – draw clear lines of distinction between work time and family time. Family time isn’t really family time if you are constantly on your cell phone making and receiving work calls or if you are on your laptop for the entire family vacation. When you’re working – work. When you’re with your family – concentrate on them. The time you spend actually taking a breather from work will recharge your batteries and make you a better worker when work time rolls around again. Next, you have to evaluate your priorities. Maybe working around the clock will help you make partner faster, but at what cost? Decide if seeing your daughter’s soccer game every week is more important to you than moving up the corporate ladder quickly, and make adjustments in your schedule appropriately. There is no right or wrong answer, but deciding where you priorities lie will make scheduling easier for you. With your priorities in mind, see what work options are available to you to help you meet them. If you want more time with the kids, see if your office offers flex time or part time hours to help you meet your family commitments. Last but not least, don’t feel guilty about taking time with your family. Not only is this time important to your family, you can rest assured that the time out from the office stress will make you more productive when you return to work. Turning your Eye to Government, Nonprofit or Small Business for you Next Job The type of business you work for can effect your job satisfaction. Your personality type may also work out better at certain types of businesses. Research different business types before going on your job search. Working for a small business or a non-profit definitely has its pros and cons. First of all, getting hired at a small business can be much easier than landing a position than at a corporation. Typically you will only have to go through one person to get the job. Usually the small business owner conducts the interview. This can be a good thing because the business owner may be willing to overlook a lack of experience or extenuating circumstances concerning your work history. Nonprofit jobs are often easier to get if you are passionate about the cause. The person that is doing the hiring is generally passionate about the cause that the nonprofit is working to assist. If they pick up on passion about the cause from you, typically you will get the job. However, that passion is necessary because they pay may not be very much. Working for a smaller company also opens up more opportunities for promotions. With fewer employees and contact with the owner, you may be able to move up in the company faster. You will be able to pick up on skills in less time than at large corporations, which often have many hoops for one to jump through before training for a new position. There may be a smaller window of time to pick up on new skills because of the limited amount of time that can be put towards training. Nonprofits may not have as many opportunities for promotions and job stability may be questionable. If the donations stop coming in or whoever funds the nonprofit decides not to fund it anymore, you could be out of a job. This is a very real concern with a nonprofit job. There are some drawbacks to working at smaller businesses. Sometimes, the staff at smaller businesses have been in place for years. New, younger employees may not be viewed favorably. This could affect working relationships with co-workers. Smaller companies also mean smaller paychecks. Independent businesses are not able to generate large paychecks. This could make staying at a small business undesirable. However, the personal interaction between you and your boss could be encouragement to stick it out with a small business. Or the opposite could be true. Government jobs can be beneficial to have for a number of reasons. First of all, government jobs offer good salaries and great benefits. You will have all government holidays off and you will be working in a position that is necessary to the maintenance of the government. That means that you probably won’t have to worry about being displaced. Although, remember that if the government runs into tough times, layoffs are possible. Government jobs are usually normal business hours but not always. There are some positions that will have hours that extend a little bit beyond regular business hours but for the most part, you will be able to enjoy your life by taking advantage of vacation time. Sick days will also be available at government jobs. Some of the drawbacks of government jobs are that you may have to deal with a large amount of on the job stress. You may be responsible for processing hundreds, maybe even thousands of cases and one mistake could be very tragic for an individual. Depending on what your position is, you may be instrumental in handling paper work from a huge amount of people. |