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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 Use a Sample Written Proposal (sample written proposal) Writing a proposal is not an easy feat. For many, it is one of the most difficult things they will ever do in their entire lives. However, there is help for those who are confused about the proposal writing process. A sample written proposal can be used as a guide for the confused writer, and can help them with the process of writing their own proposal. Proposals usually have seven components, which include the Table of Contents, Mission Statement, Abstract, Statement of Need, Project Rationale Incorporating Literature Review, Project Narrative, and Attachments. All of these features can be found in sample proposals, which provide writers with an example of how these sections should be organized. A table of contents is used to provide a comprehensive guide to the proposal, so that readers are able to find what they need and find areas of importance within the proposal. A sample written proposal is an excellent guide to writing a mission statement. A mission statement should be 50 words or less, and states the mission of the project. The statement is used to clarify and state the project’s primary goal, and allows the reader to instantly understand what the writer is proposing without reading the entire proposal. The second section of a proposal is the abstract. It is vital to a proposal that an abstract is well-written, and initial proposal reviews or “first cuts” are often based on the abstract. The abstract of a proposal should be written after the mission statement, and should be changed over time, as the proposal develops further. Most proposal drafters will see that abstracts should be clear and understandable to all readers, including lay readers, and should be suitable for publication. Proposal abstracts should be written in third person, and should include objectives, methods to be employed, and the possible impact of the proposed project. Statement of need is the next part of a proposal. Many writers could benefit from a sample proposal when writing this section, because some drafters tend to write about more than one problem, or present their problem incorrectly. The Statement of need is the section where the drafter presents the problem that must be solved. In this section, drafters should avoid circular logic in the development of their statement of need, as it decrees that the lack of a solution is the problem. It is important to use logical progression in the statement of need, and the proposer must prove that they have an understanding of the problem. The statement should be closed with a discussion of what else is being done to solve the problem, and lead into the narrative with a description of how your idea is different and essentially better than all others. The Project Rationale Incorporating Literature Review is the next section of a proposal. All samples written proposals will have this section, as proposals must incorporate a theoretical basis with a discussion of literature. The rationale for the project should come from evidence found in the relevant literature. A sample written proposal will show drafters how to develop this section and show them how all proposals should incorporate current research into their projects. The project narrative is the sixth section of the proposal, which has six main sections. Some organizations require different proposal narratives, so in this aspect, it may be better to obtain sample proposals from several different organizations. The six sections of the project narrative section of a proposal include goals and objectives, proposed activities, facilities, resources, and project management, evaluation, outreach and dissemination, and sustainability. The final section of a proposal is the attachments’ section. Generally, attachments include the bibliography, letters of support/endorsement, and letters of publication. Drafters can also benefit from a sample written proposal when creating this section, as it will provide an example of how the section should be organized and incorporated in the overall proposal. Writing a proposal is an extensive project, and sample proposals can be used to reduce pressure while providing the proper form needed for an excellent proposal. The History of Writing (history of writing) Writing is commonly used by billions of people each day. However, many of us don’t know the history of writing, and some of us would rather not ponder it for fear of getting a headache. Written communication is much needed today, and many societies could not survive without writing. Writing has a history like everything that is in existence today. The exact history of this form of communication may be clouded and even over exaggerated at times, but there are two known facts, writing has been used for a very long time and writing will be used for a very long time. The true beginning of writing is unknown, but it does have a comprehensive history. The first artistic paintings and writings were said to be done in the form of naturalistic paintings of animals and people in caves. The pictures were known as attempts to appease the spirits of animals that were needed to kill in the hunt. In ancient times pictures were also done of human beings. These pictures of humans were typically done in series, with a figure appearing in different physical positions progressively, which represented positions a ceremonial dance performed by ancient people. Progressively, the early societies began to stylize their messages, which were similar to using symbols to represent restrooms, handicap-accessible places, and international road signs. These stylized symbols are known a petroglyphs and hieroglyphs. The most famous system of hieroglyphs belonged to the ancient Egyptians who had hieroglyphics that were partially representational pictures that were stylized. Petrogylphs were often used by Native Americans as messages along trade routes, ritual information, and various other things. However, they were not as sophisticated as hieroglyphs. During this ancient period, Europeans preserved esoteric knowledge in runes and in an alphabetic writing system known as ogham. The Chinese culture also has a place in the history of writing. The culture began by writing like many others by using pictures then slowly moving to stylized pictures. However, over time the pictures became less representational and more abstract. Today, Chinese, Japanese, Korean, and other Asian languages are written with the use of ideeographs. An ideeograph is used to represent an idea instead of a word. Around 1700 B.C. a new form of writing appeared in the Middle Eastern cultures. During this time, the Phoenicians created an alphabet. This development was different from all others because the symbols represented sounds, not pictures or ideas. The combinations of sounds made up the words of the language, which was crucial in the history of writing. The alphabet developed by the Phoenicians spread to Northern Africa and became the system of the Arabs, and spread northwest to Greece. The Greek developed their own letters, which were modified even more to become the Cyrillic alphabets of Russia, the Balkans and the Romans. The Romans modified the alphabet and made it the alphabet that is recognized today. The history of writing developed even further into the 20th century. Following World War II, the Japanese and Chinese began to use the alphabet to represent the sounds of their languages. For these Asian cultures, the alphabetic system was easier to write by hand and to print economically, so it made life far simpler for those cultures. The artistic form of writing used by these Asian cultures will likely never die, but there are many advantages to using an alphabetic system, and many modern people of these cultures benefit handsomely from learning to read and write using the current alphabet. The history of writing is long and sometimes vague, but it can be seen as a necessary teaching that will help modern societies understand the importance of written communication, and understand how the world would be forever changed without it. |