Let's look us the case of Playboy Enterprises, Inc. and Sega Enterprises, Ltd.who, for example, successfully sued BBSs for copyright infringement of their magazine photographs and video games. In fact , the BBSs didn't mean to occupy Playboy and Sega's intellectual properties, but they ignored the possibilities that their subscribers intended to have those pictures and video games free of charge---Finally, these BBSs were sued and found to be guilty because of they " publish" owners' works.

CompuServe appears to be the other innocent infringer. "It recently settled a class action copyright suit brought by major music publishers. It agreed to pay $568,000 and future royalties on songs downloaded from its music forums to avoid extensive litigation. While CompuServe apparently had clean hands, the resulting royalty payment is fair compensation to music publishers for consumers who are downloading free music and saving the cost of a CD."

Two years ago when I was in Taiwan gathering some "interesting ghost stories " for kids to read, I was very exited to find things on a policeman's web site. I downloaded most of the stories and got ready to include them in my articles. All of a sudden a thought came to me, " Does the author approve of my behavior?" I wrote an email to him to ask his permission of copying and displaying his works.. As the result, he was very happy with my action and gave me his best support . I was so lucky to encounter a generous copyright owner . According to this experience, I think it is important to notify copyright owners of our intention to use or even publish their materials on web whenever we cannot judge if our possible behaviors will lead to copyright infringement.

Being a composer of music in Taiwan , I also spent a lot of time evaluating the copyright problem with my works on a web site. Is it wise to just put a short clip of my songs? I'll worry that my audience cannot feel satisfied by doing so. How about putting the complete parts of them? I'll be afraid somebody will download and publish them for commercial benefits… In the end, I decided to put several pieces of " complete songs" on that web site. I wish to satisfy my audience as well as respect them. I also hope my audience will respect my right about how to display my works in front of the general public. Therefore, I chose such a solution to the problem with copyright infringement.

In addition to that, there are other solutions worthy of web builders, no matter if they are educators or students.They includes:

  Immediately delete all the infringing files on your web sites after you found them and check your sites frequently.

  If you have an area where users can upload and download material, you might scan for sound file formats frequently .

  If you have your own web site, you can protect yourself almost entirely by not including an area from which subscribers or visitors can upload and download files.

  If you are a BBS or service provider, the cases so far suggest you will only be liable for contributory copyright infringement if you have knowledge of the infringing activity and materially contribute to it. Therefore, if you are notified of a claim of copyright infringement, investigate it immediately. Search for a copyright notice in the work and considering canceling the message.

 Clearly explain the resource and author of the web material you used.

In most cases of copyright infringement , the owner's focus is on the part of " publication,"  not a copy . They don't want readers to display their works publicly without their permissions. Meanwhile, they are glad to share their works with others --- So, I think what we educators have to be careful of  ensuring the degree to which we can use what we found on web as well as help students ensure that point. To notify owners if we use their works and to check and delete possible infringing materials are two basic rules for all educators and students to follow. Above all, by being aware of problems with copyright infringement we can peacefully and safely construct vital curricula by using the Internet to its fullest!

Find Law : Legal Subjects: Cyberspace Law
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