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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
Understand Group Publishing (group publishing) When you want to have one your books published, you will work hard to get your book finished and then you will seek out a publisher. Sometimes it is very hard to find the right publisher, but the good news is that there are several different types of publishers that you can use to get your works on the market. Large companies are not your only option. The world of publishing difficult to break into and if you get an acceptance letter--that is only the start. There are many types of publishing companies out there and they all have a different way of publishing their products. Here is a look at some of the more common types of publishing including group publishing. Group Publishing: Group publishing is the process in which a large company publishes your work in the name of a larger company. For example, there are big name publishing companies out there. They operate smaller group publishing companies. The larger publishing company serves as a kind of umbrella over the smaller group publishing companies. Sometimes these companies operate several smaller companies that produce different genres of writing and books. This is also sometimes called trade publishing. For example, a large publishing group may produce best selling adult novels, but may also operate under a smaller name to produce certain non-fiction books, cookbooks or children’s books. Group publishing is a popular way to publish a book. Educational Publishing: Besides trade publishing, there is also educational publishing. These are companies that deal specifically with educational material. They may deal with only college textbooks, or they might deal with textbooks and materials for grades K-12. Besides textbooks, these companies might also produce other forms of educational material, which include posters, workbooks, CD-ROMS, software, testing material and maps. There are several big name educational publishing companies. University publishing—University Press: This type of publishing is not like group publishing and it is not the same as scholarly publishing. These types of companies are usually non-profit and are run by universities, colleges and even sometimes museums or other organization. These usually publish books by scholars and other specialists and they usually are used within the university system. Sometimes these books do get published by a larger trade publish; however, they do not market these types of books. Independent publisher: Independent publishers are often the best way to get your book published if you cannot find a publisher to produce your book. These are generally smaller companies that are privately owned. Many times, these companies only publish a handful of books each year and they usually are about certain subjects. They have the freedom to publish just about anything they wish. Software and other Media: You might not consider software and other types of media as being a publisher, but they are. Think of all the e-books, CD-ROMs and even books on tape that are on the market. These have to be published, too. These types of companies are often associated with larger trade publishers. In fact, many large publishing companies have their very own media publisher in house to take care of this type of publishing. It is a very large business and these types of publishers are just as important and lucrative as the large trade publishers. As you can see, there is a whole world of publishers out there waiting to get your book or other media published. If you do not have luck with a large trade publisher or group publisher, then don’t give up. Keep looking and the different types of companies out there until you find one that wants to work with you and your book. Copyright music expiration For Many Copyright Music Expiration is a Luxury for Worry If you copyright music, expiration isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it being played. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you. This rule about copyright music expiration was first put into place so that the families and heirs of an author could still earn royalties even after his or her death. Ultimately this means that if you've taken the steps to copyright your music and have registered the copyright then your music will be protected throughout your lifetime until 70 years after you or the last surviving author (assuming a collaboration) are no longer living. Copyright music expiration is not something you should make a primary concern unless you are having issues of someone respecting and/or honoring your copyright at the moment. You should take comfort in the fact that as long as you are alive you are the only one who can assign your copyright to another person and as long as you haven't given up your ownership of the music it still belongs to you. This is different however if your copyrighted music was work made for hire. If that is the case then you cannot have ownership of the music, as it never legally belonged to you no matter what form it was in when it changed hands. Works made for hire have different copyright music expiration than those that were owned by the creator. With works made for hire, the copyrights are in effect for 95 years from the original publication date or for 120 years from the creation of the work whichever of the two is shorter. For most beginning musician’s copyright music expiration date isn't as important as getting that first gig or earning that first dollar as a result of the music he or she writes and/or plays. It's about art for many and about survival for others. The latter are quite often the ones that are taken advantage of. These are the authors who don't protect themselves as they should and end up failing to register their music because the idea of buying food seemed more pertinent to survival at the moment. This is often the case, particularly among street musicians and it's something that was becoming a growing problem immediately after hurricane Katrina devastated New Orleans taking with it many of the homes of starving musicians along with many pieces of music that will never become copyright music, expiration or not, those works are gone forever except in the mind of their creators. who could barely scrape together the money to pay $100 a month for a hovel they shared with 6 or 7 other people in order to keep expenses down and avoid living on the streets. The building not only of homes for those musicians displaced as a result of Katrina's devastation is wonderful but even more than that is the fact that there are organizations that are dedicated to creating a community for these musicians so that maybe many of the struggling artists won't be taken advantage of or have to face the decision to register their music in order to protect and copyright music expiration for their future heirs or to risk loosing their claim over the music they wrote in order to eat or pay the rent or buy groceries. |