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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 Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!

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.