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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.
Being Effective in Your Persuasive Writing (persuasive writing) The goal of persuasive writing is to have the ability to influence or change a persons mind with your words. You encounter these in your normal everyday life. Whether it is a politician trying to convince you to vote for them, a commercial for a company that wants you to buy there product, or from your children trying to explain the reason why they should be allowed to go to that concert, persuasion is all around. You may even use the power of persuasion on yourself, like deciding why or why not you should eat that last piece of pizza or if you really need to buy another white shirt even though it is a really good deal. Everyday you have to decide on whether one choice is better than another and why. To succeed in your persuasive writing venture you need to follow a few simple rules. You must have focus. Decide on what position you are trying to persuade. Are you for or against the topic your writing about? Choose a side and stick with it. Arguing both sides of the fence will be detrimental to your persuasion. There are three techniques that you will need to use to have convincing persuasive writing. Now you need to provide facts and evidence to support your writing. Statistics and examples are used to provide the reason people should choose you position and believe your writings. You can also include facts and evidence that demonstrate why the opposition is wrong. This should be eased into. Remember you are trying to persuade and convince them on why you position is better not offend or alienate them. This is called the logos technique of persuasion writing. Another persuasive writing technique is ethos. This is where you have to prove yourself to be a creditable person. To be able to make your readers believe that they should have confidence in what you are telling them. The best way to prove your credibility is to provide true and undisputable facts, be articulate, and explain why you are capable of proving this information to them. Pathos is the third technique you will use in your writing. This will appeal to the emotions of the readers. This can be the most important technique but also the most critical. It must be used with caution or you can just as easily turn the readers against you as you could bring them with you. Appealing to your readers emotions can be tricky. This must be done subtly To work this effectively you must have the ability to make the reader feel your emotions, the joy, the pain, the hurt whatever the case maybe. You need to pin point your target audience and write to appeal to them. What sounds interesting and persuasive to a teenager most likely will not work with a middle age woman. Whether you are targeting men or women will make a difference in you writings. Identify with your target audience. An example of this would be “only the cool kids will be wearing product XYZ” or “we know as a respectable home owner you will want to…..” By identifying with the intended audience it pulls them into what you are writing and how or why it pertains to them. Persuasive writings can be a challenge. You have to objective and opened minded to other positions of the topic at hand even though sometimes you don’t want too. Remembering you goal is just to persuade them why yours is better. This does not necessarily mean that the opposition is bad or wrong, just that yours is a superior choice. The Convenience of Online Writing Degree Programs (online writing degree programs) Online writing degree programs are not readily available, but they are growing in popularity. There are many traditional and online schools that offer online degree programs to busy writers. The online degree programs offer courses that teach students the basics of writing, including paragraph structure, theme writing, descriptive writing, tech writing, and grammar. Usually in writing degree programs, writers are given many assignments within one week, which range from analyzing the work of others to composing their own short stories and essays. The courses offered in an online writing degree program are much like the ones offered in traditional programs, and students will begin their program by taking beginner’s courses and eventually work their way up to the more advanced. The beginner’s course teaches the basics of writing, but after taking them, students will be able to take more specific courses, such as creative writing and tech writing. The online programs give students more freedom, but the workload is almost the same and students will have more and more writing assignments as they move further into the degree program. The online writing degree programs offer bachelor degrees as well as masters’ and there are many schools that offer these online programs. Chatham College is one school that offers online writing degree programs. Chatham online is the online division of Chatham College, which offers online masters’ degree programs for writers. The writing degree program offered by Chatham online offer 7-week courses and it has no residency requirement. The programs give students the freedom to study anytime or anywhere an Internet connection is available. Chatham online offers many degree options for its students, including the Master of Professional Writing degree, which gives students training to become technical writers, content developers for the web, advertising copywriters, and public relations specialist. It also offers the Graduate Certificate-Non-fiction Writing. This program gives students the opportunity to use their nonfiction writing skills and focus one subject, which include nature, environmental, or landscape writing. Students are given many writing assignments and attend many online writing workshops where their work is presented and critiqued. Once the program is finished writers will have a portfolio of their work that is of publishable quality. Another unique program is the Graduate Certificate-Writing for Children and Adolescents. The Certificate in Writing for Children and Adolescents provides students the chance to write fiction and nonfiction for children and adolescents. There are also many other colleges that offer online writing degree programs including Burlington College. Burlington College offers a Bachelor of Arts in Writing and Literature through an online program. However, this school does require a four-day residency in Burlington, Vermont at the beginning of each semester. Goddard College is also a school that offers a master’s program online. The college offers a Master of Fine Arts in Creative Writing degree through their online program. In this program, students are able to study poetry, fiction writing, creative nonfiction writing, and memoir, play writing, and screen writing. A short residency is also required for the program at Goddard College. The University of Denver is another school that offers online writing degree programs. It offers the Certificate of Advanced Study in Creative Writing. The program includes a range of courses on content and writing processes for fiction, nonfiction, poetry, and other areas of writing. There are many other colleges and universities that offer online writing degree programs including Goucher College, Lesley University, University of Central Florida, and Washington State University. Like all degrees, online writing degrees are not simple to obtain, but they can provide convenience and knowledge, which helps them advance as a writer, or develop writing skills to that will help them in the future. |