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Fair Use Copyright Law
Don’t Overstep the Fair Use Copyright Law
Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain.
When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright.
With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.
Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law. Writers Block: What Causes it and How to Overcome it (writers block) If you are a writer then you know what I am talking about. You have everything ready, a drink, a snack, the topic, and even reference material. You sit down ready to start typing or writing, which ever you prefer, and it happens. You are stuck, your mind is blank and you have no idea how to fill that blank canvas in front of you. It is a writer’s worse nightmare come true. You have writers block. First you need to figure out what is causing it. There are a multitude of things that can be causing it. Stress is one of the biggest factors that cause writers block. Whether it is stress caused by personal matters, deadline dates, or fearing your article won’t be good enough it can block the words from flowing as easily as the should. Sleep deprivation doesn’t let your mind function to its full potential. Getting a good night’s sleep is imperative to having a clear mind and being able to focus. The project itself could be causing the writers block. A topic you are not interested in can easily turn your normally resourceful mind into jelly. The research on that topic turns into a grueling task. Then trying to put the words on paper that make sense and will peak someone’s interest seem impossible. If a topic has personal meaning to you it can be hard to write objectively about it. A simple informative topic can easily become a personal rant session. Writing because you have to, not because you want to makes it hard to concentrate and focus. Now that the basic causes have been covered, you need to know how to fix it. Writers block is not permanent. Identifying the reason is the hard part. Relax. The world is not going to end if the article isn’t as perfect as you feel it should be. Just because you don’t think it is perfect doesn’t mean someone else won’t. Go and read some of your previous writings. Even if what you read has nothing to do with your current topic, it can be inspirational to you. Don’t burn yourself out on a topic. Try to split up the writing process. Research and brainstorm one day and write the next. This will give you time to think about your topic and figure out the angle you want to write. Talk your way through it. Call a friend or colleague and chat. Tell them the topic you are working on and get their opinions or ideas. They may be able to offer fresh insight and ideas. Work on multiple projects at one time if you can. Bouncing back and forth between a few topics can keep your mind hopping and will keep boredom at bay. Take a break from you current project and write about something that motivates you. Chances are once you get those creative juices flowing they will continue into your next project. Make yourself a schedule and stick to it. If your schedule says 500 words by noon, write your 500 words and stop. Even if you don’t have a project going, by writing daily you will stick to your schedule and keeps your imagination going. If you write from home, which most of freelance writers do, make a quiet time and treat it like a real job. If you have young children at home, write while they nap. Let your answering machine be your secretary. If it is important they will leave a message. Most importantly remember why you started writing in the first place. Even the best of the best have gotten writers block at one time or another. |