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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.

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Software copyright act The Software Copyright Act was a Great Step in the Right Direction The software copyright act, which is actually called the Digital Millennium Copyright Act has given software developers a little more power when it comes to protecting their works. If you've bought software in the last few years I'm sure you've noticed some of the changes that have been made in the software buying process. If not, then you really should wake up and take note. Some of the more noteworthy achievements of this act are the following: 1) It is now a crime to go around anti-piracy measures in software. 2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software. 3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online. The problem isn't the people want to be bad or do something wrong. Most of us by nature want to do the right thing. The problem lies in educating people to the fact that it really is stealing when you bootleg, pirate, illegally download, or otherwise acquire copies of software that you didn't pay for. It's one of those 'white lie' types of crimes for most people and they don't really see how it will hurt anyone for them to copy a game that their brother, cousin, uncle, or friend has. Someone paid for it after all. The problem is that at $50 plus being the average price for computer games and simple software if 10 million people are doing it, the numbers are staggering and they add up quickly. The software copyright act sought to protect businesses from losing money this way. The software copyright act was the worldwide response to a growing problem. This problem was so widespread with illegal downloading of music that lawsuits and massive commercial ad campaigns were initiated in order to curtail illegal downloading activities when it comes to music. It seems to be working to some degree. Fewer people are illegally downloading music; the downside is that these people aren't buying as much music either. The reason is because they are no longer being exposed to the wide variety of music and artists that they were getting freely when downloading music each night at no cost. This equals lower record sales and is becoming a problem of lower movie sales and software sales as well. People aren't trying new games like they could before the software copyright act by going to LAN parties and everyone sharing a copy to play, now everyone has to own a copy before they can play. While this may be great for the companies that make a few (a minimal few at best) extra sales on the games for the sake of a great party but for the most part, it is costing them the extra money that could be made by 10 people finding they liked the game enough to go out and buy it so they could play it whenever (and the next group of 10 they will introduce the game to) Gamers are a funny group and software copyright act or no, they are going to stick with the software and games that serve them best. The software copyright act was created in order to protect the rights of those writing and developing computer software. We want those who fill our lives with fun games, useful tools, and great ways to connect to friends and family to continue providing these great services and to get paid for the ones they've already provided. The software copyright act is one giant step in the right direction as far as I'm concerned.