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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.
Web Hosting - FTP and Other File Transfer Tools Anything related to the Internet or computers is bound to introduce technical issues pretty soon. One of the earliest that novice web site owners encounter is FTP, which is an acronym for File Transfer Protocol. Seeing it spelled out, it's easy to see why those in the know quickly move to speaking in short hand. The reason web site owners soon will (or need to) become familiar with FTP is obvious to anyone who has built a site on a remote server. You have to have some way of getting the files to the remote computer and FTP is one of the most common tools. It's also one of the simplest and most efficient. FTP is composed of two parts: the client software and the server software. It's similar, in a way, to talking to someone on the phone who writes down everything you say. You (the client) make a request ('transfer this file to the server') and the listener (the server) takes the request and acts on it. That request to copy a file from a local computer to the remote one is carried out (often 'under the covers') by a PUT command, as in PUT this there. You create the web page (in the form of a file) and then PUT the file on the server. To move a file in the opposite direction, from the remote server to your local computer, your client software issues a GET command. Many FTP clients have graphical interfaces, similar to Windows Explorer, that allow you to drag-and-drop or otherwise copy the file without ever seeing the actual commands that carry it out. But it's helpful sometimes to know what goes on underneath. In tricky cases it can be an advantage to use a command line interface (in Windows, the 'DOS box', with a similar interface familiar to most Linux users). Knowing the commands and being able to use them in the command line form can sometimes help you diagnose what is going on when the graphical tools misbehave. But FTP is not the only way to get a file from here to there. In fact, your browser moves files around from a remote computer to your local one all the time. In most cases, when you type in or click on a URL, what happens under the covers is in essence a file transfer process. The web page is transferred from the web server to your local computer then displayed by the browser. Alternatively, you can sometimes even email a web page/file from your local computer to the remote server, then use an email client on the server itself to get the file and put it in a folder. That requires that you have some form of access to the remote computer. But there are many ways of doing that, such as in-built utilities in the operating system or using commercial remote control programs. Those alternatives can be helpful to know in cases where the FTP file transfer process is misbehaving. Having more than one way to accomplish the task helps you diagnose what might be going wrong. It also helps you get the job done when the usual tools aren't cooperating. The more you learn about these sometimes puzzling acronyms, the easier you can accomplish your own goals.
What is copyright infringement What Is Copyright Infringement? The Layperson's Copyright Primer Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law. What is Copyright Infringement? Copyright infringement, as defined by Wikipedia.org, states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse. What is Copyright Infringement in America? In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith. What is Copyright Infringement in action? Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry. As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction.