Welcome to www.esiq.org
|
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.
Do and Don’ts of the Interview Process No one likes job interviews. From the moment you schedule the interview you are under a microscope. Your potential employers waiting for you to make the move that make you stand out or eliminates you from being a candidate for the job. This necessary dance that just about everyone, has to go through can be mastered. Learn the key things to do to become a high-ranking candidate for a job. First of all, before you go to the interview be prepared. Having copies of your resume and pens are only half the battle. Where exactly is the office located? Do not leave the location or the interview site up to chance. The only way to know exactly where your interview is and how much travel time you should allow is to go there. Even if you are interviewing out of town, find out how long the drive is to the interview. Nothing disqualifies you, in most cases, faster than being late for your interview. Before you are sitting across from the interviewer, accumulate some knowledge about the company. Knowing about the position is not enough. Everyone that interviews will have read the advertisement for the position. You need to be armed with information about the company. Have they won any service awards? Are they ranked as one of the best companies in America to work for? Find out and impress the interviewer. Another way to impress the interviewer is to have intelligent, thoughtful questions to ask. Ask about productivity, benefits or training procedures. Show that you have done your homework and are truly extend about the position. Be attentive and bring the interviewer as much information as possible about yourself. If you have a portfolio or reference letters, be sure you take them to the interview. Also be prepared with complete work history and information as well as past residency information. Be ready to answer a few probing questions. Why do you want the job you have applied for? What makes this a good time for a job or career change? Have some intelligent answers for these questions. Interviews will know if you are nervous. No matter how badly you need the job, do not appear desperate. Show that you believe in yourself and are confident about your ability to do the job. Speak in terms of when you get the job opposed to it. While this is a bold move it is a way to reinforce the idea of you being chosen for the job. This is a trick for both you and the interviewer. No matter how true this may be, never tell the interviewer that you “really need a job”. If this is what you tell the interviewer they will think that you are willing to take any job. Also, never talk negatively about your current boss or co-workers. Give as objective view as possible if you are asked about your current job relationship. Inquire about the next interviewing steps. This will not only show the interviewer that you are interested in the position it will also give you some time to prepare if you are called for the next interviewing step. Be sure to keep a notebook in your car so you can jot down notes immediately after you leave the interview. This is the best way to keep track of important facts about the position. In a day or so, mail a thank you card to your interviewer. This could be the added interest they are waiting to see from you in order to eliminate the other candidates. Five Biggest Job Hunting Mistakes and How to Avoid Them Looking for a job can be a challenging experience. Between the resume writing and the interviews you can find yourself exhausted and ready to throw in the towel prematurely. Stay the course until you find the job you want. While you are on your job-hunting journey, here are five big mistakes to avoid when job hunting. Steering clear of these mistakes could make finding a job much easier. One of the biggest mistakes that people make when they are job hunting is not looking in enough places for jobs. There is a certain level of diligence you need to maintain when you are searching for a job. Look in newspapers, online and ask around. Of course, there are boundaries you should follow when looking for a job. First of all only apply and interview for jobs that you think you would take if you were offered the position. Do not apply for jobs that you are not qualified at all for or jobs that you do not have a clear understanding of. When applying for jobs, it is important to have a resume that is update and professional looking. If you are not a good resume writer, look at examples online or find a professional to do your resume for you. Employers will take one look at a messy or unprofessional resume and rule you out without ever meeting you. It is also important to be sure that you resume can be found online. There are plenty of job sites that allow users to post resumes. Some sites even allow multiple resumes to be posted. This is a great place for employers to locate your resume and contact you without you actually applying for the job. Lying on your resume can eliminate you from being a job candidate immediately. If you stretch the truth about your experience or the type of jobs you have had in the past, employers will think that you are a liar. If employers think you are a lair they will not feel confident about hiring you because you have already compromised your integrity. Tell the truth about your work and educational history. No matter what people may tell you, an honest inexperienced candidate is better than a lying experienced candidate. Have faith that you will be able to prove your worthiness for the position you are applying for without making up half-truths. Be sure that your contact information is correct and that you respond when you are contacted. No matter how busy you are, you need to check your e-mail and phone messages on a regular basis. If you do not respond to a call about a job this is a sign that you do not need employment that badly. Employers will move on to the next candidate if you are slow getting back to them. Candidates that are not prepared for their interviews are typically eliminated from the search before the interview is over. If you are late for an interview you have a big huge mark against you as soon as you walk in the door. Not being dressed in professional attire also will leave the interview with a very bad impression of you before you even speak. If you show up without a pen or copies of your resume you look like you are unfamiliar with the interview process. This, in turn, makes it quite possible that you are unfamiliar with other work place procedures. A good job hunt can land you the job of your dreams. When you are settled into your new job you will be thankful that you took the time to search for a job the right way. |