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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 company patent A Software Company Patent is the Door to a World of Confusion There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them. The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent. The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best. Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected. Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent. It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either. One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry. Prayers, Ploys and Passions: The Poetry that Gets Published (published poetry) Some people may tell you that poetry doesn’t get published. Published poetry is only that written by people who have already died. That is not true however. Poetry is not as frequently found as other kinds of writing, but it is a genre that is still alive and well in today’s publishing world. If you are a poetry writer, you are also probably a poetry reader. You of all people know that poetry publishers are still out there. There are specific types of poetry that tend to get published though. There are special interest outlets for other types, but in general, what gets published gets repeatedly published as time goes on. There are three main categories that currently published poetry falls into. Those categories encompass the most important interests of people today. Prayers and Matters of Faith The first category of published poetry involves faith. There are people that subscribe to all different kinds of faith and it is that belief that is at the core of many people’s lives. Atheists are a minority in the world. Since faith is such an important part of so many people’s understandings of the world, it is no surprise that it draws poetic words from those who believe. It started long ago. The Bible, for example, is full of poetry. Those people who first knew God were inclined to speak of him through the illustrative voice of poetry. Today people are the same way. Such is their deep experience with God that they must express their emotions with an emotional type of writing. Since so many people have personal experiences with God, those who do not write are interested in reading the writings of others. For that reason, matters of faith, and especially expressive prayers placed in poetry get published. Ploys and Plans for the Nation National interest is also of major interest to most people. As a group of people head through their lives, united with others of the same nationality, they must want to know where the group as a whole is headed. Much of the published poetry in this category contains hopes and dreams for a country’s future and expected path through history. More of the poetry in this category though is in protest of how a nation has forged its path as it has grown. Frustration with events beyond one’s control elicits words that can only have their full meaning in poetry. Since those of a nation are united with each other, poetic commentaries about that nation are of interest to everyone. They help each person express their feelings and frustrations and hopes for their home country. Passion and the Human Condition of Love People are obviously not only connected to each other as citizens of the same country. People need each other in a much more personal sense than that. A third major category of published poetry is that which contains expressions of love between people. Love poems are a genre that dates back, again, to biblical times. Romantic love has always been a popular theme within poetry because of the passion that can be displayed with poetic devices. Other kinds of love are also well expressed in verse. The love of a mother for her child or that of a friend for another friend is a common topic in poetry. Humans thrive on love. That is why poetry about love gets published. Published poetry does fall into three major categories. It appears in books and anthologies, but also in magazines and even greeting cards. As long as a poem is effective in describing a common human reaction to life, it will probably be passed along from person to person. Poetry is a beloved form of writing that connects people to one another. As long as humanity feels, poetry will continue to be published. |