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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.

Movie Copyright Law College Students Are Being Targeted For Breaking Movie Copyright Law Many people have taken up the hobby of downloading movies and songs on the Internet and sharing them with their friends and family online. However, this is direct violation of the movie copyright law. Not surprisingly, the biggest violators of the movie copyright law are students. It is not surprising that the movie industry sector is sending out copyright infringements claims to college universities around the country. One reason that college students may be the hardest hit when it comes to violations brought against them for infringing on movie copyright law is that they are not aware of how serious a crime it truly it. Many college students who have suits brought against them are shocked, to say the least. They question why they were not warned about the perils of downloading movies and songs online and passing them along to friends. However, with the rise of claims that are being handed down, no one can claim ignorance for much longer. Word is being spread near and far that if you are engaging in illegal downloading and/or sharing then you can be brought to court. College students are learning the hard way that it is against the law and in violation of the movie copyright law to share or download copyrighted material. Many colleges and universities are now stating in their handbooks that it is against the law and the university rules to illegally download movies, music and other forms of media online using a school computer. In addition to illegal downloading and sharing software, the files take up space on the computer systems and use a considerable amount of bandwidth. While most universities and colleges will not look at the content an individual has -- they can isolate and identify the individuals who are hogging up the bandwidth by using illegal file sharing software. The movie and music industries have stepped in and are demanding restitution for illegally downloaded movies, music and other forms of copyrighted media. They have detection agencies that have the technology to identify and trace copyright infringements straight to their source. Once the computer is located they can notify the university or the college that they are in violation. The university will be told that they have a copyright infringement claim against them. Based on the Digital Millennium Copyright Act once the computer is isolated Internet access is terminated to that computer and court proceedings can begin. Does this sound far fetched? Well, it is not. You should know that in April of 2003 four students were sued by Recording Industry Association of America. These students attended Princeton, Michigan Technical University and Rensselear Polytechnic Institute. One student alone had an estimated liability of $150 billion. When you consider that you can be charged $750 per song that is illegally downloaded, the total can add up fast! The good thing is the lawsuits against the college students were settled for amounts less than $20,000. That is not pocket change for college students – or anyone for that matter! Movies and music are meant to be enjoyed. However, illegally downloading movies and music is not much different than walking into a video store and sticking DVDs and CDs in your pocket. Be careful. You do not want to be caught violating the movie copyright law.

Is That Free Offer Legit? Tips that Can Help Everyone loves the chance to cash in some great free stuff, but navigating the world of freebie offers, especially online, can be like navigating a minefield. Unfortunately, a lot of people out there use the love others have of taking advantage of free deals to scam them out of money or personal details that can be used in identity theft scams. All of this gloom and doom doesn’t mean that you have to give up on free things altogether, however. The good news is that there are some simple, common sense steps you can take protect yourself from online freebie scammers. These tips will help give you the confidence that you can enjoy taking advantage of free offers without the fear of ending up facing some negative consequences. First and foremost, when you are checking out a free offer on the Internet, take a closer look at the website, beyond just reading the words and figuring out what you have to do get the free goods. Does the website look like it was made by a professional, with some consideration, or does it look like a five minute amateur job? Are typos and clip art the order of the day, or does it look like a website any business would be proud to call its own? What about the web address – is a domain name that matches the business the website claims to represent, or is a “free” domain address that includes the name of the domain company in the address? All of these factors can be red flags that determine the difference between a scam and a legitimate free offer. If the website looks half hearted or doesn’t seem to exactly “match” the company it purports to represent, then don’t even think about trying to get anything from it. When you’re reasonably sure that the website is actually the front of a legitimate business, it’s time to turn your attention to the privacy policy of the website. The best privacy policies guarantee you that the email address you use to sign up for this offer will not be shared with any other companies – but when it comes to free stuff, those kinds of privacy policies are few and far between. Many companies cover the costs of the free things you get by selling your email address to other companies that may have offers you they think you might be interested in. If you can’t find a privacy policy that lets you opt out of getting unwanted solicitations, at least make sure the site is secure and that any personal information can’t be obtained by hackers. Other things to look out for when you’re looking for freebies is products that are free but that require you to pay a shipping charge that seems beyond the pale for what it should cost to ship and freebie offers that seem to ask for way more information than needed for what the product actually is. Twenty pages of personal information for a travel size bottle of shampoo? That doesn’t make sense, and it should set off warning bells in your head. All of these red flags aside, giving out some amount of personal information comes part and parcel with freebie offers. There are a few things you can do to make life easier on yourself. Set up an email account that you will use specifically for freebie offers so all of the inevitable spam doesn’t clog up your main account. Use a phony phone number (preferably one that can’t be anyone else’s, like one that starts with 555). Last but not least, if you’re unsure about an offer, keep on moving. Better safe than sorry.