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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.

Copyright Law Act The Copyright Law Act of 1976 The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909. The Copyright Law Act of 1976 defines “works of authorship” to include all of the following: * Musical works * Literary works * Dramatic works * Pictorial, sculptural and graphics * Motion Pictures and Audiovisuals * Sound Recordings * Choreographic Works and Pantomimes * An eighth work which falls under “architectural works” was later added in 1990. What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work.

Writers Block: What Causes it and How to Overcome it (writers block) If you are a writer then you know what I am talking about. You have everything ready, a drink, a snack, the topic, and even reference material. You sit down ready to start typing or writing, which ever you prefer, and it happens. You are stuck, your mind is blank and you have no idea how to fill that blank canvas in front of you. It is a writer’s worse nightmare come true. You have writers block. First you need to figure out what is causing it. There are a multitude of things that can be causing it. Stress is one of the biggest factors that cause writers block. Whether it is stress caused by personal matters, deadline dates, or fearing your article won’t be good enough it can block the words from flowing as easily as the should. Sleep deprivation doesn’t let your mind function to its full potential. Getting a good night’s sleep is imperative to having a clear mind and being able to focus. The project itself could be causing the writers block. A topic you are not interested in can easily turn your normally resourceful mind into jelly. The research on that topic turns into a grueling task. Then trying to put the words on paper that make sense and will peak someone’s interest seem impossible. If a topic has personal meaning to you it can be hard to write objectively about it. A simple informative topic can easily become a personal rant session. Writing because you have to, not because you want to makes it hard to concentrate and focus. Now that the basic causes have been covered, you need to know how to fix it. Writers block is not permanent. Identifying the reason is the hard part. Relax. The world is not going to end if the article isn’t as perfect as you feel it should be. Just because you don’t think it is perfect doesn’t mean someone else won’t. Go and read some of your previous writings. Even if what you read has nothing to do with your current topic, it can be inspirational to you. Don’t burn yourself out on a topic. Try to split up the writing process. Research and brainstorm one day and write the next. This will give you time to think about your topic and figure out the angle you want to write. Talk your way through it. Call a friend or colleague and chat. Tell them the topic you are working on and get their opinions or ideas. They may be able to offer fresh insight and ideas. Work on multiple projects at one time if you can. Bouncing back and forth between a few topics can keep your mind hopping and will keep boredom at bay. Take a break from you current project and write about something that motivates you. Chances are once you get those creative juices flowing they will continue into your next project. Make yourself a schedule and stick to it. If your schedule says 500 words by noon, write your 500 words and stop. Even if you don’t have a project going, by writing daily you will stick to your schedule and keeps your imagination going. If you write from home, which most of freelance writers do, make a quiet time and treat it like a real job. If you have young children at home, write while they nap. Let your answering machine be your secretary. If it is important they will leave a message. Most importantly remember why you started writing in the first place. Even the best of the best have gotten writers block at one time or another.