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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.

How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before.

Copyright lawyer Everything You Need to Know about a Copyright Lawyer Everything you may need to know about a copyright lawyer before you get one, there are so many different types of lawyers a little run down never hurt anyone. Copyright lawyers deal with many different subjects such as internet law, intellectual property, patent and trademark and of course your copyright laws. Each lawyer has gone to school for some time in order to get a degree to help you, which means they know more about the law than you do. Some mistakes website owners make is when they buy articles online; many times a buyer just assumes they have full copyright. This isn’t always the case, depending what was agreed on will determine who has ownership. In order to make sure you don’t fall into this trap have a lawyer set up a contract before you hand over any money, this way you know for sure if you have full ownership or if the writer does. There are actually three different categories that you may purchase an article, usage, full and unique. A copyright lawyer will explain exactly what each one means. Usage is basically meaning the buyer gets to use the article one time, but the writer can use it again or resell it. Full rights will give the buyer all rights; they can even place their name on the article saying they wrote it. A copyright lawyer will never tell you that you don’t have to register your copyright; in fact they will encourage you to do it. Sure, they get money to do it for you but you will have documented proof that you own the copyright. If you don’t file it, you can’t sue if someone uses your information. A copyright lawyer is not cheap, that means if you are just looking to pay out a mere $300 you are looking in the wrong field. Sure there are sites that offer to do your bidding for you. Are you sure they are someone you trust? Stick with your gut feeling, pay the money and have someone there to walk you through everything you need. Most copyright lawyers will have special discounts on packages, which means you’ll be getting a lot more than what you originally walked in for. Chances are your lawyer will even advise you of things you didn’t even have knowledge about. A copyright lawyer can help you better understand the laws of the virtual world, as well as the real world. Every day someone new is getting sued over content on the internet, it can be as simple as someone stealing an article, quote, song or a picture. A big issue is using another company’s name in your tags to get the search engines to rank you higher, you will get caught and when you do the fines are pretty steep. Other issues may be with bloggers today, be careful with what you say about your places of business, not only could you get in trouble for any copyrighting issues but slander is another big issue. Another thing you may want to know about a copyright lawyer is that you can use one even if you are actually getting sued. Many people only look for one when they want to copyright something or sue someone, but they normally don’t think about hiring a copyright lawyer when they are being sued. This is definitely the person you want on the job defending you if the time comes, after all they do know their job. That’s everything you need to know about a copyright lawyer before you get one, if you have any other questions call them up and ask them. Lawyers love to give advice, especially if they think you’ll be hiring them.