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Copyright Infringement Lawsuit
Who are in Copyright Infringement Lawsuits?
A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ‘borrowing’ information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ‘sampling’ a song to make another, or maybe a person reselling mp3s online.
When you understand the implications of it, copyright infringement lawsuits aren’t frivolous as some people may make it seem. For the most part, the average person’s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email.
The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it’s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn’t a large backing legal team.
Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it’s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn’t come to an agreement – then they filed suit.
Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal’s rules. It’s worked out well thus far, and I think with an agreement in place ‘user created content’ will retain a destination on the internet.
This is a testament we all need to be with social networking sites and ‘user created content.’ We need to watch ourselves, because many times we may not realize the veracity of our actions.
Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software – from Windows to Photoshop to The Sims. It’s very easy to share peer-to-peer, and because of that, people can resell ‘pirated’ for a high price – all profit. Or they’ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties – with both copyright infringement lawsuits and criminal cases. They’ll pay a hefty fine and go to jail.
As you can see, copyright infringement lawsuits can affect any one of us – from our friends on MySpace to our employer, to the computer geek down the street. It’s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won’t be involved in a major copyright infringement lawsuit, but you still need to ensure you’re following the copyright rules of engagement.
Copyright infringement lawsuits are important in determining what is, and isn’t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn’t fair – and these organizations have helped the masses to understand what’s so important about copyright, and why we need to defend our freedom of speech.
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. Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own. |