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Music copyright infringement How Does Music Copyright Infringement Affect Me? Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States. 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.” We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago. However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed. Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts. While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’ It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control. A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security. As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned.

Copyright infringement insurance coverage Do You Need Copyright Infringement Insurance Coverage? People are creating more content now than ever: eBooks, blogs, web journals, MySpace Pages, Podcasts. Every where, in abundance, you’ll find people sharing their ideas and opinions, and creating entertainment for everyone. However, with all the resources available to us, how can we be sure that we’re not violating copyright law? Should we have copyright infringement insurance coverage? Copyright infringement is the act of using someone else’s copyrighted material – in any form – in our own use without proper allowances. In order to be allowed to use the material, all we may need to do is ask and give the owner royalties, attribution, or some combination thereof. But, occasionally, it’s easy to forget that we need to ask before we use something without rights. You’re allowed to use copyrighted works in a number of forms – educational and instructional uses, parody, commentary, and news are all forms where you don’t need to ask for use – it’s considered fair use under the copyright law. However, even if you’re using the item of copyright in one of these forms, it would still be wise to inform the owner of your intent before using it. Of course, you should contact a copyright lawyer before using anyone else’s work(s), but to keep yourself safe, copyright infringement insurance coverage may be a good bet for you and your colleagues. Should you have copyright infringement insurance coverage? Although this is a new concept, it is one we should look at closely as creators. A well-known adage “there is no completely original idea” comes into play in our current age – while it’s entirely possible for us to have a thought, and act upon the thought – there may be, somewhere, someone who has created close to the same material as we have, without our knowing. Did we create it first? Did they? Would they be able to sue you for copyright infringement? These are the things to ponder as we create our media – should we have copyright infringement insurance coverage? What is copyright infringement insurance coverage? This coverage would be insurance for covering the cost to settle lawsuits brought in regards to copyright infringement – it would be a small amount of coverage. For example, you would only need around $5,000 to cover the court and attorney fees associated with a case, if a suit were brought against a person. Theoretically, you would only pay under $25 per year and would cover up to the five thousand dollar settlement should a case be brought against you. How would you use copyright infringement insurance coverage? Hopefully, you’d never have to use your copyright infringement insurance coverage. But, it would be there in case a charge was ever brought to you on copyright infringement With so many of us – bloggers, columnists, podcasters – creating our own content, it’s in our best interest to consider something such as this. We may not always get the rights we need in order to use a work, either whole or in part. As you can see, it can be critical to have copyright infringement insurance coverage as a blogger, podcaster, columnist, or other content creator. It’s imperative that we know our rights to use something (or to NOT use something) and what we can do to protect yourself. Copyright infringement can carry a serious penalty, and insurance coverage is a good way to insure that you’re protected from hefty fines. Talk to you current insurance provider and copyright lawyer to find out what you need to do, and what you need to know, to get proper insurance for your needs.

From the Publisher’s Desk: How Book Publishing looks from the Other Side (book publishing) Many writers aspire to writing books. Writing a book is a long, involved, difficult process. Book publishing is harder. A writer may submit his book time and time again only to be turned down again and again. He may eventually be successful. Wouldn’t it have been easier to have just gotten published the first time? Is that possible? You can improve your chances if you understand a little bit more about what happens at the publisher’s desk. Book publishers are busy people with several projects crossing their desks every day. They must make fast decisions about what will sell. They must also delegate their time efficiently in order to keep the business running. Only occasionally do publishers actually seek out work. Maybe understanding the work day of a publisher will help you to get a book published. Persistence Has a New Meaning You all know that writers must be persistent. Regardless of how many times you get shot down and your ideas are thrown in the trash, you have to keep going back for more discouragement. The idea is that eventually you’ll make it in the door. If you can get all the way through, you will finally get to the place where more of your work is accepted than declined. When working with the book publishing world, the rule is the same. If you have a book that you know will sell, you can’t give up on getting it onto the publisher’s desk again and again. You probably won’t be sending the entire book, but excerpts from it. As you continually send your manuscript again and again to publisher after publisher, you should try to market it in different ways. Publishers are looking for a particular kind of writing and will dismiss anything that doesn’t look like what they are looking for. Variation in your marketing techniques may turn a rejected book into an accepted book. The Right Stuff Book publishing is a strange area of business. The people’s tastes are somewhat fickle and a book publisher has to keep up with what kinds of books will sell. It seems that technically written mysteries will always have a place on the bookshelves, but it is unclear how many authors readers are willing to get to know. That market may be tied up until Crichton and Grisham are finished. That is just one example from one genre of books though. Publishers have to keep track of what is selling in all areas of literature. The best way for you to get your work noticed is to make it look like the other writing that is selling. Be careful not to imitate style or voice of another author. Write with your own unique words while imitating the use of popular public opinion. Another way to improve your chances of getting your work onto the right publisher’s desk is to find out who’s publishing what. Are You Barking Up the Right Tree? Some publishers specialize in a certain kind of writing. If you are writing a novel, it won’t do you any good to send it to the people who publish technical manuals. How do you find out who is the most likely candidate to publish your work? There are reference manuals at your library that will tell you the kinds of book publishing that is happening. It will contain valuable information leading you to children’s book publishers, novel publishers and textbook publishers. If the handbook at your library is not quite up to date, your next option is to check out the new release and best seller rack at the book store. Buy a few books and read them. You’ll have a much better feel for the market if you are a consumer. Book publishing is a difficult field to break into. It can be helpful to approach the issue from the direction of the publisher. Before you send out your manuscript again, there are things you can do to improve your chances. Change your marketing style so that you just may grab some better attention. Make sure that you are a book consumer yourself. You’ll get a better feel for what’s selling and therefore what a publisher will buy. You’ll also find out who is publishing which types of books. Finally, by buying the product you are trying to sell, you will improve the book economy all together. Publishers need to see people buying books before they can commit to publishing more.