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Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under “architectural works” was later added in 1990.
What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work.
Software copyright statement A Software Copyright Statement Protects Current and Future Works If you have a site that is dedicated to the sharing and distribution of open source software it is a great idea to have a software copyright statement that explains the limits of use for your software as well as the limits of your responsibility for those uses. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of. A software copyright statement doesn't have to be a 10 page booklet on the law or the protections that copyright offers, it should be a simple short paragraph stating the basics and hopefully covering your rear from litigation and/or responsibility should someone use the software you are allowing them to use for something insanely stupid or frighteningly criminal while establishing your ownership of the material and expectations of those you are allowing to use your creation. This for some is a no brainer because they've done it before and know the ropes. There are new software developers born and made each and every day and this type of software copyright statement may serve to save them a little grief of their own some day. If you are being kind enough to freely share the software you created with others, you'd like to think that they would at least return the favor of using it within the letter of the law or the manner in which it was intended. This, however, is rarely the case so protecting yourself, your copyright, and your future interests by posting a software copyright statement on your website is really the best way to go in a situation such as this. Trust me I'm not trying to talk anyone out of sharing his or her software with the world. I rather like open source software and admit to using it freely (no pun intended). I love saving money almost as much as I love playing around with new technology. Software allows me to do that and find likes and dislikes about all kinds of programs. Issuing a software copyright statement is one way of protecting your investment of time, effort, energy, and sheer brilliance in the making and design of your technological masterpiece. Hopefully that flattery will keep you going a bit longer at any rate. It is important to know that a software copyright statement is only part of the process required to protect your software but for the most part poses a significant deterrent to those that would abuse your copyright and/or your kindness in allowing the distribution of your software. Even if you are charging people for the use of your software (we are a nation of capitalists after all) you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution. Your software copyright statement is a very small protection for your software don't expect it to be the brunt of your protection. Most of the software developers, coders, and programmers (and any other name you wish to call them) that I know aren't as concerned nearly as much about associating their name with the products they create as they are with protecting future potential income from both the products they are currently designing and the future, improvements they will make to the software and the much improved finished product that comes later. By protecting all your work with a software copyright statement you are not only protecting current works but future works as well. Ghost Writer: Who Uses Them and Why (ghost writer) A ghost writer is someone who is hired to write for another person under their name. In most cases ghostwriters do the work while the hiring person gets the credit. The use of a ghost writer is huge business. People in virtually every aspect of life could use a ghost writer. A ghost writer will need the ability to become the person they are writing for. The writer has to be able to use their mannerisms, their words, and their way of speaking. The writing must read like they are coming from the person themselves. Being a ghost writer means that you give absolutely all rights to the credited author. You will need to decide if it is worth it for someone else to take credit for your work. There will be confidentiality clauses in your ghost writing contracts. They will state something to the effect of legal action will be against you if the writing is reproduced by you in any way shape or form. There are many reasons why a person would use a ghost writer. Celebrities and public figures use ghost writers to write their biographies and memoirs. Ghost writers are hired to make celebrities sound as interesting and compelling as possible. Their purpose is to pen the stories into best selling books. Motivational speakers may use ghost writers to write self help books. Just because they are great speakers does not mean they can pen the words on paper. Or they just may simply not have the time. There are many types of ghost writing opportunities available. Non fiction writing would be your biographies, autobiographies, how to books, and memoirs. A ghost writer’s role in non fiction could range from the very minimal to the most complex. They may be given an almost complete manuscript and asked to add some finishing touches. Or they may have to start at the bottom collecting research and following the project through until publication. Accomplished fiction writers may use ghost writers to carry on a series of books after the author has passed or to carry out the series while they work on new ventures. The Author may have an established pen name that they use a ghost writer for while they write under the real name. Ghost writers are often used for scripts and screen plays. They are hired to finish and polish the writings of the authors. High school and college students will hire ghost writers to write their entrance essays, thesis, and term papers. Although this may seem unethical, it is legal. The writing and selling of the paper is perfectly legal. It is when the student turns the paper in as his or her own writing that it turns into an illegal action. The political venue for ghost writers is to correspond to the letters that they receive. Official will review the letters before being sent. A political speech writer is often considered a ghost writer. But others will argue this since it is public knowledge that political officials do not write their own speeches. In order to succeed as a ghost writer you must have excellent writing skills and often be able to take on the personality of the credited author. You must also be a great sales person in order to sell your service and be able to prove that you are the best possible choice for them to use you in their endeavors. Making the decision if ghost writing is right for you may be a difficult one. It is often hard for writers to give up all rights to their work. |