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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.
Web Hosting - Look Before You Leap Companies that offer Internet-connected servers that provide space and bandwidth for a domain, for one or more web sites, are called Web Hosts. Large companies have private networks that allow them to host domains on their own equipment and IP address range. But for the majority of those who want an Internet presence, a 'rented' web host is a necessity. There are a wide variety of hosting plans available. Some are free, others charge up to a $100 or more per month. Some provide nothing but a tiny amount of disk space and minimal network bandwidth. The web site owner is on his or her own for any thing else. Others offer a range of services, including server and email administration, backups, web site design assistance, troubleshooting and many others. In the world of web hosting, you may often find yourself sharing a server with anywhere from one to a thousand or more other web sites. That allows the web hosting company to keep equipment and staff expenses lower. Many web sites are simple and low-volume enough that the arrangement works fine. When you or one or more of the others grow, it may be helpful to consider a dedicated server. A dedicated server, as the name suggests, hosts only your domain. You can put one web site on it, or as many as you wish. You control the access. You may also, as an option, take over much of the server administration yourself. That may save you money on support costs, but cost you considerable time. If you don't have the expertise, you can end up costing yourself much more than you save. In order to carry out those administrative functions yourself, even if you hire help, it's desirable to have some technical knowledge under your belt. Some of that knowledge will be useful, even for day-to-day tasks apart from dealing with emergencies. FTP, email administration, backup methods and other technical areas are among the more common areas you'll need to be at least somewhat familiar with. When your web site grows to a certain size and level of complexity, you'll begin to find it worthwhile to look at implementing a database. But that brings with it a still higher level of ability, both technical and logistical or creative. Implementing a database can be relatively simple. Designing one that provides what you want, with decent performance and maintenance that doesn't become a nightmare, will take some careful thought. Not everyone has the temperament for that type of work, especially those who prefer graphical design, content creation or development, and the many other web site tasks that are part of every implementation. There are other, more low level administrative matters. Managing disk space, maintaining domain names, dealing with registration and changes, and a number of other 'utilitarian' tasks are also not everyone's cup of tea. Some understanding of how DNS works, as well as the design of the Internet itself, are helpful. That provides a good context for understanding the role of some of those tasks. When you begin to seek out a web host to implement a web site, consider all these factors and look in the mirror. What kind of web hosting you should pursue is determined by a combination of who you are and what's being offered. Look before you leap.
Web Hosting - Databases, What Are They and Do You Need One? 'Database' is one of the most commonly used terms that one encounters in web site design. Yet, what they really are and whether they're essential is often not clear to novices. A database is a collection of organized data, stored in files that have a specific structure. It's that organization and structure that allows for easy and rapid storage and retrieval. The need for a database generally only arises when you have a certain amount of information and that information needs to have some structure. If you have a half-dozen names and addresses to store, a database is usually overkill. If you have a blob of data with no relationships between any of the items in that blob, maintaining a database is usually more trouble than it's worth. Maintain a database? Yes, like other complex systems a database, to be effective, needs to be designed properly at the outset then kept 'tuned' for good performance. The alternative is to gradually allow the database to become more and more disorganized. That leads to difficulty in use, poor speed of retrieval and more frequent failures. With MySQL, Access or MS SQL Server, the three most common choices of database product for web sites today, setting up a database is relatively simple. Even those with limited technical skill can get one up and running just by following some simple instructions. But some thought should be given to how you want the information organized, and to maintaining the system during its lifetime. Suppose you have a set of names, addresses, email addresses, products purchased, date purchased and amount. If you have only a few dozen records it matters very little how these pieces are arranged and related. A database usually isn't even warranted in this scenario. Once you have several thousand or more records, it matters a lot. Speed, the ease of expanding the set of attributes (like adding, say, product category), and other issues come into play. Even those with little technical expertise, but a willingness to exert logical thought and invest some time, can build a very robust database. Think about how you would organize a set of data (called 'tables'). Should Name, Address, and Product be in the same table? Or should the personal information be stored in one table and any product information (product, price, ...) in another? Some experimentation may be needed to get it right, but the choices have an impact on how easy the tables are to maintain. It also affects the speed with which programs can fetch old data and store the new. Having a database also introduces new maintenance issues for the server administrator, since backups usually need to be done differently. Recovering a failed database is usually more complicated than simply re-copying files from yesterday. Ask your hosting company what tools and skills they have for dealing with any database system you consider. It's true that introducing a database creates more complexity and the need for additional thought and administrative effort. At a certain level, professional expertise will be needed. But clearly the advantages outweigh the costs in many cases. Companies large and small eventually use databases to store and organize data. At some point, you may be fortunate enough to be one of them.