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Copyright infringement insurance coverage
Do You Need Copyright Infringement Insurance Coverage?
People are creating more content now than ever: eBooks, blogs, web journals, MySpace Pages, Podcasts. Every where, in abundance, you’ll find people sharing their ideas and opinions, and creating entertainment for everyone. However, with all the resources available to us, how can we be sure that we’re not violating copyright law? Should we have copyright infringement insurance coverage?
Copyright infringement is the act of using someone else’s copyrighted material – in any form – in our own use without proper allowances. In order to be allowed to use the material, all we may need to do is ask and give the owner royalties, attribution, or some combination thereof. But, occasionally, it’s easy to forget that we need to ask before we use something without rights.
You’re allowed to use copyrighted works in a number of forms – educational and instructional uses, parody, commentary, and news are all forms where you don’t need to ask for use – it’s considered fair use under the copyright law. However, even if you’re using the item of copyright in one of these forms, it would still be wise to inform the owner of your intent before using it.
Of course, you should contact a copyright lawyer before using anyone else’s work(s), but to keep yourself safe, copyright infringement insurance coverage may be a good bet for you and your colleagues.
Should you have copyright infringement insurance coverage?
Although this is a new concept, it is one we should look at closely as creators. A well-known adage “there is no completely original idea” comes into play in our current age – while it’s entirely possible for us to have a thought, and act upon the thought – there may be, somewhere, someone who has created close to the same material as we have, without our knowing. Did we create it first? Did they? Would they be able to sue you for copyright infringement? These are the things to ponder as we create our media – should we have copyright infringement insurance coverage?
What is copyright infringement insurance coverage?
This coverage would be insurance for covering the cost to settle lawsuits brought in regards to copyright infringement – it would be a small amount of coverage. For example, you would only need around $5,000 to cover the court and attorney fees associated with a case, if a suit were brought against a person. Theoretically, you would only pay under $25 per year and would cover up to the five thousand dollar settlement should a case be brought against you.
How would you use copyright infringement insurance coverage?
Hopefully, you’d never have to use your copyright infringement insurance coverage. But, it would be there in case a charge was ever brought to you on copyright infringement
With so many of us – bloggers, columnists, podcasters – creating our own content, it’s in our best interest to consider something such as this. We may not always get the rights we need in order to use a work, either whole or in part.
As you can see, it can be critical to have copyright infringement insurance coverage as a blogger, podcaster, columnist, or other content creator. It’s imperative that we know our rights to use something (or to NOT use something) and what we can do to protect yourself. Copyright infringement can carry a serious penalty, and insurance coverage is a good way to insure that you’re protected from hefty fines. Talk to you current insurance provider and copyright lawyer to find out what you need to do, and what you need to know, to get proper insurance for your needs.
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. US Copyright Lawyer What can a US Copyright Lawyer Do for You that Others Can’t? First a US copyright lawyer can help anyone that is in the United States, they know the laws of the land and the best ways to fight them. A US Copyright Lawyer is here to protect you. That’s right I said YOU, not the neighbor down the road, or someone that lives in the next country but YOU. A US copyright lawyer is there to help you actually file a copyright, advise you and to help you get back what was once yours and sue someone. If you are an American or someone currently living in the United States you will be able to hire a US lawyer, however if you reside out of the states there may be restrictions. In the internet world copyright issues are becoming a big thing and having a US Copyright lawyer behind you can definitely help if you need to fight against someone stealing your work. Copyright lawyers must stay current in all the recent rulings dealing with copyright issues, which means they know their job. Don’t just stick with a lawyer you already had because you’ve used them before. They may have been great at your car accident or your divorce but for copyright issues, you need a lawyer that deals with them. A US copyright attorney can also help you in retrieving money even if you never filed the copyright until after it was stolen or online. This can get a bit tricky when it comes time to prove it though, however if you have a good lawyer this shouldn’t be a problem. A US copyright lawyer will be able to help you copyright any work that you may have, it does cost $20 to file a paper to get the copyright on your work. This does not mean that there is a one time fee of $20 and all your work is safe, actually you must do this with all your work. You are paying per piece, but in the long run if you need to sue someone for using your content they can end up paying $35,000. A US copyright lawyer can help you with this if you live in the United States and the case happened in the states, technically they could help even if it happened internationally but things get a bit more expensive when this happens. Your US copyright lawyer may have already dealt with people stealing content, or maybe celebrity pictures. Recently a big name celebrity had her pictures leaked on the internet, she sued the people that were spreading them and it suddenly stopped. All those websites that had the pictures on them were asked politely to take them down since they were copyrighted and they were gone. That’s what a good US copyright lawyer will do; he/she will be able to prove their case because they know the law. They will have to show proof of when something was taken, said, or documented. In the case of pictures, she was able to show that she had the proofs and that there was no agreement for anyone to use them. Copyright laws have been changing since 1976; however it changes as our technology advances. Lawyers and judges know our needs and are learning every day how to protect them and in order to do that laws are passed and the copyright laws are updated. Granted laws may be different in other countries but the chances are if it happens on US soil, the best representative would be a US copyright lawyer because they have been studying ever since law school. |