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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.
Publishing a Book is the Final Frontier (book publishing) Many authors begin their careers intending to publish a book. Book publishing is a difficult task to accomplish. It takes many months of work and extensive preparation. A book involves intricately woven ideas. A book is a project. In that project is contained many other projects. Most people are not prepared for the intensive process that is involved in creating a full, coherent book. If book publishing is something that you are interested in trying, there are a few things you should keep in mind. First, writing a book is like nothing you have ever done before. It will take extensive and intensive work and development. It will also probably include much of everything you know, and more. Read on for more clarity. Uncharted Territory Book publishing is like a new land that has never been explored before. Of course, there are several book authors out there. They have been around for centuries. Unlike other areas of expertise though, book writing is not something that will be the same process for several different people. As you set out to write a book, you will be able to follow some basic guidelines, but getting your ideas from your head to the page will be an invention of your very own. Not only will you have to get the information onto the page, but you will have to write in a way that thousands or even millions of readers will be able to relate to and understand. Again, that will be a process that will take experimentation and trials. As you begin the process of writing your first book, as well as subsequent books, expect to work and rework. One Idea Is Not Enough Part of the reworking process is the changing of direction within the writing. Many beginning writers aspire to book publishing. They have an idea and vague plan to turn the idea into book. Picture your first grader telling you that she wants to write a book about horses. There is certainly enough information that people want to know about horses to fill several books, but the vague idea is not enough for an adult writer to create publishable work. To write a book, you will need to start with a topic. You may or may not be an expert on the subject. After you have the first vague ideas, you will need to start asking yourself questions. Answering those questions will hopefully lead you to more questions, and so on. Even if your original idea is completely unique and will lead you to write new information that the world does not yet have access to, you will need to add to that original idea for an intriguing finished product. If you are not an expert, or if you do not already know any new information, it will take even more time and effort in order to produce a unique piece of writing. Fiction is the same as non-fiction. Many stories have been told before. If you want to publish, you will need to come up with an engaging and new journey for your readers to take. Using Previously Published Work Now that we have covered the requirement for intricate and new ideas, there is also room in a book for old ideas. Your readers will need a starting place within your writing that is familiar and known. As you are putting together your ideas for a complete book, you will probably publish smaller pieces of work in magazines and newspapers. It is ok, as long as you cite yourself, to reuse some of that work. In that way, you can be publishing as you go along while still making progress towards your end goal in book publishing. After several months or even years, you will have poured out your effort and knowledge into a finally completed and whole book. Web Hosting - Sharing A Server Things To Think About You can often get a substantial discount off web hosting fees by sharing a server with other sites. Or, you may have multiple sites of your own on the same system. But, just as sharing a house can have benefits and drawbacks, so too with a server. The first consideration is availability. Shared servers get re-booted more often than stand alone systems. That can happen for multiple reasons. Another site's software may produce a problem or make a change that requires a re-boot. While that's less common on Unix-based systems than on Windows, it still happens. Be prepared for more scheduled and unplanned outages when you share a server. Load is the next, and more obvious, issue. A single pickup truck can only haul so much weight. If the truck is already half-loaded with someone else's rocks, it will not haul yours as easily. Most websites are fairly static. A reader hits a page, then spends some time skimming it before loading another. During that time, the server has capacity to satisfy other requests without affecting you. All the shared resources - CPU, memory, disks, network and other components - can easily handle multiple users (up to a point). But all servers have inherent capacity limitations. The component that processes software instructions (the CPU) can only do so much. Most large servers will have more than one (some as many as 16), but there are still limits to what they can do. The more requests they receive, the busier they are. At a certain point, your software request (such as accessing a website page) has to wait a bit. Memory on a server functions in a similar way. It's a shared resource on the server and there is only so much of it. As it gets used up, the system lets one process use some, then another, in turn. But sharing that resource causes delays. The more requests there are, the longer the delays. You may experience that as waiting for a page to appear in the browser or a file to download. Bottlenecks can appear in other places outside, but connected to, the server itself. Network components get shared among multiple users along with everything else. And, as with those others, the more requests there are (and the longer they tie them up) the longer the delays you notice. The only way to get an objective look at whether a server and the connected network have enough capacity is to measure and test. All systems are capable of reporting how much of what is being used. Most can compile that information into some form of statistical report. Reviewing that data allows for a rational assessment of how much capacity is being used and how much is still available. It also allows a knowledgeable person to make projections of how much more sharing is possible with what level of impact. Request that information and, if necessary, get help in interpreting it. Then you can make a cost-benefit decision based on fact. |