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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
Music Copyright Law Are You Violating Music Copyright Law? With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way! Short Trips: Articles are Great Ways to Enter the Writing Market (writing articles) Not everyone who loves to write is destined to become a writer. Most people define a writer as a person who makes a living from their writing. Writers are committed to a career of difficulty and very hard work. Not that every other job doesn’t include work, but writers make up a group of individuals who are less recognized for their contributions. Certainly there are famous writers who are appreciated for their efforts, but they do not represent the majority of those who take up a pen for their livelihood. If you love to write, but you’re not sure about taking the leap into becoming a writer, there may be a perfect option for you to use your skills. Writing articles is a writing job that can be taken up to whatever degree you would like to do so. Types of Articles to Write Because articles are such short pieces, each one can only cover the smallest piece of information that the world contains. Depth and length are limited by each other and so writing articles allows you to focus on just about anything you’d like. If the articles cannot cover the scope of material that you’d like to cover, you can write more. Articles come in all kinds of packages. They are written for magazines. A magazine will always have a general topic that it strives to cover. Within the broad topic though, there are thousands of possibilities for the creation of articles. Newspapers are more directed towards current events rather than interesting tidbits or random information, but they also must buy articles in order to be printed each and every day. There is also the possibility of writing articles for the internet. In that genre, the topics expand exponentially as time goes on. The opportunities are out there, so how do you start writing articles? Getting Hired for the Work To get hired to write articles you mostly need the ability to market your writing skills. There are many, many good writers in the world. To get hired to write, you must be better than good. You must be able to use your words to describe, explain and convince. You must let an editor know why you are the right writer for a particular job. If you can write effectively enough in your resume and cover letter, an editor will know immediately that you have the skills and abilities to write equally convincing and interesting articles. If you are interested in continuing in the process of writing articles, you must know how to construct great content into a great finished product. Writing Great Articles If you can allow your curiosity to drive you, you will never run out of the ability to create great articles. The first rule in writing articles is to be ever ready to learn something new. You never know when you’ll need that piece of information to back up your writing. The idea for writing articles is only half of the battle though. You also have to actually do the engaging writing. This is where you pull out all of your literary tools. Write with enthusiasm so that your reader will be enthusiastic. Write with variety and slight complexity so that your reader will not be bored. Add a little bit of suspense as you are writing articles so that every reader will keep going until the end. Writing articles can be a career, but it doesn’t have to be. The beautiful thing about article writing is the short term nature of each project. You will move from one topic to the next as you continue to learn and expand your writing abilities. Writing articles can take you from your front yard to across the world in as short of trip as you need it to be. If you are considering the possibilities available to you in a writing job, investigate the possibilities of article writing. If you are a writer, you’ll love the work. |