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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.

Start Sampling for Free with the Start Sampling Website If you are looking for the best in online sampling, there is one Web destination that you should know about. The websites is known simply as StartSampling.com, and it can do wonders for your cache of freebies. If you are an avid freebie hunter, this is a website that you will definitely want to keep at your freebies by placing it on your active bookmark list. You will find that this is a fun and active community that you can consult on a regular basis for the best in online freebie sampling. How Can You Become a Member of StartSampling? If you are a newbie to the world of online sampling and freebies, here is a brief primer on becoming a member of this active community. First, StartSampling is a free service—never sign up for a freebie service that asks for monetary compensation or that requires a yearly membership sign-up. All you need in order to become a member of the StartSampling community is the ability to willingly sample many fine products from some of the company's leading manufacturers. As a member of StartSampling, you will receive samples as well as participate in the site's own Frequent Tryer Miles program. The Frequent Tryer Milers program allows you to collect points. You collect these points from participating in a variety of sampling programs and taking advantage of special offers and promotions. As a reward for participating in these programs, you will receive pints and gifts for free. This is your reward for being an active member of the StartSampling community. How to Contact the StartSampling Company Directly If you find that you have questions and concerns about using StartSampling, you can contact the company directly by selecting the 'contact us' button that is located at the bottom of the StartSampling home page. However, you will probably find that most of your questions can be answered directly simply by perusing the FAQ section of the website carefully. The FAQ provides you with an extensive list of questions and answers that have been addressed and compiled by the company. What Exactly Does StartSampling Do? Many newcomers to the StartSampling community wonder if the company is a web research enterprise. In reality, StartSampling is a promotions and marketing company. They have recently managed to establish themselves as a leader in online sampling. They do this by connecting consumers directly with the right kinds of companies. As an active participant of the StartSampling community, you will have the opportunity to receive samples from companies that you did not previously recognize. Sampling also allows you to inform marketers about your specific desires and interests. This way, you will receive product and service offers that are tailored specifically to your interests. In effect, think of StartSampling as a way to make your voice heard as a consumer. Where Do the Product Samples Come From? With so many online samples coming your way, perhaps you are wondering where all the samples provided by this community come from. All the samples provided to you by StartSampling are furnished directly by the small and large companies that are working with StartSampling. These samples are provided to StartSampling because these companies believe in their products and want consumers to try them and express an honest opinion. Most companies are looking to receive consumer feedback from members of their targeted consumer group. Who is Behind the World of StartSampling? Many newcomers are curious about who is behind the scenes at StartSampling. StartSampling is a leading online company managed by small group of energetic individuals. It is a privately held organization that is growing at a rapid pace.

Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.