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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.
The Makings of a Magazine: Do They Include You? (writing magazine articles) Magazines are everywhere. They are published on nearly every subject you can imagine, in duplicate and triplicate and more. All that a start-up magazine needs is a niche and an audience. While there may be hundreds of cooking magazines out there, a new one could come up if it should cover cooking for your pets. In fact, there may already be such a magazine in existence. The niche is cooking for pets. The audience is those people who want the healthiest foods for their pets and are willing to put the time and effort into making it for them. If you are interested in writing magazine articles, you’ll be sure to find one that is perfectly suited to your interests and abilities as a writer. Because there are so many magazines, it won’t be difficult to find one that you will enjoy becoming a part of. What You Should Know Magazines survive on advertising. The advertisers pay because the content is good enough that readers will invest in the glossy covers again and again. The best way to find a healthy magazine is to look through the racks for thick publications. They will only be full of content if they are full of advertisements. The big magazines can afford to pay their writers more, but they can also afford to pay only the best writers. Even though there is quite a lot of space to fill with content, you may have a hard time getting published in major magazines at first. Smaller magazines do not have quite the readership and so they also do not have quite the advertisement content. The space will be limited and the pay will be lower, but these magazines will be more open to new writing talent nonetheless. The More You Know, the Better When it comes to a writing career, the more you know the better off you will be. It is not hard to figure out that you will have the best chances for publication if you can write on a variety of topics. You should not limit yourself to a small area of expertise. Work to become an expert in every topic you come across. There is no possible way of course to be an expert in every area of human knowledge, but it will help you in writing magazine articles to learn every new piece of information that you can. For example, if you were to send a query to a health and fitness magazine about writing a short piece about general mountain biking tips they may accept it. They may also then request additional information about the pros and cons of using a road bike on mountain trails. If you only know about mountain bikes, you’ll be stuck. If you have worked on broadening your horizons though, you’ll be able to produce the work that the magazine editor requires. Getting On Staff Querying magazines is a way to get published, but if you need a more stable job, you may be interested in getting on staff with a magazine. Writing magazine articles is a talent. If you can consistently bring an editor what he is looking for, you might have a chance. To improve your chances, in addition to writing effectively, it will help to have some significant education behind you. If you are serious about making it to the masthead of your favorite magazine, it’s time to go to school. A degree will help your credibility as a writer and will help you open doors into the magazine publication world. Writing magazine articles takes a special kind of writer. You have to have a feel for what people are interested in reading about. The magazine content will help you understand how to write for a particular magazine and audience. You can also improve your chances of writing accepted articles by improving your knowledge base. Don’t be picky about what you’re willing to learn and you could go very far in the writing business. 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. |