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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.

Following Up on Fallacies about Getting Free Stuff “Free stuff” – the mere whisper of the words is often enough to make many people throw common sense out the window and head for the free goods like a missile to a target. And then there are those people whose eyes glaze over when they hear those words, because they can’t believe anything worth having can actually be free. The truth about free stuff is really somewhere in the middle. Yes, you can really and truly cash in on many freebie deals for things that you want to have, but a healthy sense of cynicism about free gear is also useful. Here are some of the important things to keep in mind about free stuff. The first myth you should throw out the window is that nothing good comes for free. The fact of the matter is that the price tag on a good doesn’t always match up to the quality, and there are many great free things out there. Case in point: music. Sure, everyone has heard the scare stories about file sharing online, and maybe some big record labels will come after you if you focus on their artists. Dig a little below the surface, however, and you can find a whole new world of really great bands that are more than happy for you to listen to their music over and over again. The same goes for free software. People on the cutting edge of technology who have a passion for creating new and efficient applications often develop open source code software. They’re doing it for the love of it, and they often have more talent than any ten suit-and-tie tech guys trying to hock their latest product for a mega profit margin. Here is where the reality part comes in, however. Yes, you can find wonderful things that are completely free – but yes, you can also find a lot of free things that aren’t worth your time at all and in some cases can cause you a lot of trouble. The net is a great place to fall victim to a “free stuff” scam, but you can also sometimes come across these scams in the mail as well. If something is free, but requires you to give your credit card number or bank details, run the other way. Another myth people have about free stuff, especially free stuff on the internet, is that when you try to cash in, the only free stuff you will be getting is an inbox full of more spam than you can handle. The truth about this is, well, that is can certainly be true. Many companies give away free things in exchange for your email address, so they can try to hit you up to purchase things in the future. What makes this a myth, however, is that it can be avoided. If you don’t want to choke on an inbox of spam, and who could blame you, set up a special (free) email account that you will use exclusively for freebie hunting. You’ll have the best of both worlds. The last myth about free stuff involves the “catch” people are always looking for. Often, for free stuff, the catch is a bit of junk mail or email or the fact that you have to submit to a time consuming survey. Sometimes, the catch is that if you get free stuff through a trial offer, if you don’t cancel it, it keeps coming, and this time you have to pay. The truth about these catches is, however, that the catch is in the eye of the beholder. These things don’t make products any less free; so don’t write off every free offer offhand. You might just find a catch you can live with to get a great free product you really want.

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.