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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.

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.

Yes, There Really is a Freebie Santa Claus If you are a cynic when it comes to offers of free stuff, you are not alone. Everyone has had notions like “there is no such thing as a free lunch” and “if it sounds too good to be true then it probably is” drilled into their heads, and for good reason – these things often hold water. On the flip side, there ARE actually lots of places you can score some decent free stuff, if you know where to look and are willing to devote some time to hunting them down. The key to getting the best free stuff with the least amount of hassle is to stick with that healthy cynicism but to also dipping your toe in the freebie pool little by little. But why would anyone give stuff away for free? It is certainly an obvious question, but if you stop to consider it for a moment, you can see that companies actually have a lot of motivation to give away free stuff. After all, if they give you something for free, you are bound to have a little soft spot for their company, and when you are ready to part with some cash, their product may near the top of your list. Also, by giving away free things, companies can convince people to try new products. You might not want to try a new kind of shampoo if you have to pay for it, but you’d certainly be willing to give a free sample a try. You may end up loving it and switching to that shampoo for good, turning you into a paying customer. Another reason a company might give you free stuff is to complete market research. This is where getting free things can get a little complicated for some people because the products may not cost you money, but the offer may cost you a little time. A company might ask you to take a survey of your buying habits before they give you a free offer, or they may ask you to provide feedback on a regular basis as you try their product for free. Some people balk at the time commitment required here, but for other people, filling out some paperwork is a small price to pay for some free stuff. Of course, to convert you into a customer or to communicate with you about market research, a company will have to contact you, which is complicated area number two for freebie lovers. You will almost always be forced to hand over your email address in order to cash in on a free offer, and that is a recipe for opening your inbox up to a barrage of spam (many companies sell your email address to offset the costs of their free promotions, which means the number of people soliciting you can go through the roof very quickly). If you want to avoid this downside of freebie hunting, set up a special email address specifically for your freebie deals. That way all of your spam goes to this one address and your regular email you use with family and friends remains free and clear. One final note of caution about free stuff online: a lot of scammers have hit on the idea of using pretend freebie offers to solicit personal information about people or to convince people to send them money. Don’t send money, even for postage, to a company you don’t know and never, ever give out personal information online. No reputable company is going to ask for your social security number or bank account details for a freebie offer, so don’t hand them out to anyone. When in doubt, skip it and move to the next freebie.