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Copyright law
Understanding Copyright Law
Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions.
Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works.
Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person.
Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement.
Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death.
The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain.
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. Steps on Reinventing yourself to Land a Better Job Having a decent job can greatly improve the quality of your life. You probably spend a fair amount of time at work. With that in mind, you do not want to be miserable when you are at work. If you want a better job, make yourself more attractive to employers. This task may be easier than you think. Start making some simple changes and watch the job offers begin to appear. The number one way to reinvent yourself in order to land a better job is to reform your attitude. Even if you are working at a nightmare of a job at the moment, you need to fight to stay positive. That negativity can be seen a mile away. You may not realize it but your face expression, posture and quality of work give off your frustration. This attitude is the first thing that has to go. Simple ways to change the way you feel about your current job include being on time and in uniform or proper dress code. These are two easy steps that will give you more pride about yourself. If you are out of dress code and late, you are not just making statement about the job. You are making a statement about yourself. Change these aspects of your working environment and you will be on your way to increasing positive energy. Take some classes. Whether you have a degree or not, brushing up on skills is always a good idea. No matter what your schedule is like, you can find time for a class or two. Use the Internet and take online classes if time is a major issue. Work at your own pace and pick up new skills. A degree or a couple of classes will make you more attractive to employers. Move away. If you are tired of dust collecting on your Communications degree while you wait tables, move to a place where your degree is more marketable. Find an area where the job market is fertile. When the economy goes south, certain job types are completely eliminated. If you are eager to find a better job you may have to go somewhere else to do it. Apply for higher positions in the company that you currently work for at the moment. Even if you are not really that thrilled about the current company you work for, while you are there you should make the best of it. Get as much experience as you can so that you will have a nice extensive work history to refer to when you are looking for a new job. If you want a better job, do some networking. Take advantage of the people that you know that have better jobs. Surround yourself with people that are working at jobs that they enjoy or are successful at. This is a great way to pave the way for yourself to get a better job. Figure out what type of job you want before you start looking. Narrow down the search and target the positions that fall in line with the jobs that you are most interested in. If you a constantly saying that you want a better job but don’t have any idea what the better job is, you are not going to be very successful in you search. Have a job in mind before you start your search. Join networking sites. These sites can be used for networking for jobs among other things. Be sure that you take the professional route when you put up your page. Let employers know that you are serious about finding a job. Do not post pictures of yourself at parties or in questionable positions. |