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Copyright Infringement
Play It Safe: Making Sure You're Not Committing Copyright Infringement
Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it?
Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library.
Copyright Infringement in day-to-day life
Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement.
What is the public domain, and how does it relate to copyright infringement?
Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.
So, how do I ensure I’m not committing copyright infringement?
First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.
When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want.
Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!
Patent and copyright law Understanding Patent and Copyright Law Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code. The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals. Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder. For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns. If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future. Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits. Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business Job Hunt Challenges for the Over 50 Crowd If you have just recently lost a job or maybe are not happy with the job you are currently holding, you are going to be on the hunt for a new job. Hunting for new job is never easy, whether it is your first or your tenth job. You know that it takes a good amount of preparation till you might hold another permanent job. But for the older crowd, especially the crowd over fifty, the challenge of finding a new job is even greater. Explore some of the facts why it is more challenging to find a job after 50. Starting out by the age factor, many companies want young and dynamic employees that are open to new and challenging tasks. Many employers believe that a person over 50 is set in his or her ways and therefore not able to tackle the same great tasks that might open up as a young, fresh out of college open minded person. A person over 50 is closer to retirement and might not want to take any risks as a young career fresh from school employee. Risks are sometimes what a company needs to get forward, new ideas, new thinking. Another reason is the salary competition. If you are over 50 and looking for another job, you most likely have a lot of experience in you sector. Experience usually is measured in money and the salary for an experienced person is generally higher than a starter salary. While experience is desired, some companies can just not afford to hire somebody for 10-20 thousand dollars more than they can get the fresh from college employee. If you lost your job, you might accept one of the lower salaries, but while you are in the application process, the human resource person reading your résumé does not have that information about you. Some of the bigger companies get scared by the fact that you are really close to retirement and if there are certain retirement plans and structure in place at a company, they might not want to hire you. You could retire within 10-15 years or less and then the company is stuck with paying you retirement payments. Hiring a younger person instead guarantees them no retirement payments or plans for retirement in general for the next 20-30 years. From the employer’s side, these are great savings for their pocket. Another reason often seen from employers as a reason not to hire a person over 50 is that the person they are hiring might be more prone to sickness and take more sick days than a young person. Why would they think that? Statistics have shown them that the tendency for time off due to sickness is greater for people crossing the age threshold of 50 years versus younger people. Be honest, being over 50 means for most people more aches and pains all over the body. You are more tired and get exhausted quicker. So if you do get a chance to go to an interview when looking for a new job, you need to make the best out of it. Besides all the factors mentioned above, a person that is over 50 and is looking for a job can be a great addition to any company and you need to make sure that you let your interviewer know that. An interview is a great challenge and can be mastered quite well if keeping these thoughts that employers have in mind. Emphasize the fact that you do bring experience and connections. Let them know that if they hire you, they get a person that at least is settled in life. You have had all your children, or did not want any, but at least you will not be missing because of pregnancy, birth of a child, and sickness of a young child or similar events. |