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What is copyright infringement
What Is Copyright Infringement? The Layperson's Copyright Primer
Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law.
What is Copyright Infringement?
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.”
So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse.
What is Copyright Infringement in America?
In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith.
What is Copyright Infringement in action?
Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry.
As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction.
Copyright Law Act The Copyright Law Act of 1976 The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909. The Copyright Law Act of 1976 defines “works of authorship” to include all of the following: * Musical works * Literary works * Dramatic works * Pictorial, sculptural and graphics * Motion Pictures and Audiovisuals * Sound Recordings * Choreographic Works and Pantomimes * An eighth work which falls under “architectural works” was later added in 1990. What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work. The Many Sides of Writer Web Rings (writer web rings) Generally, a web ring is defined as a collection of Web Sites from the Internet that are joined together in a circular structure. Writer web rings are a great example of this collection of Web Sites. Web rings may be used to increase search engine rankings, and can be considered as search engine optimization techniques. It is common for many web rings to take advantage of this and find writers looking to improve their own rankings. There are many web rings available for seasoned writers and novices alike. Becoming a member of one of the many writing web rings is as simple as joining any other web rings with different themes. Web ring web sites each have a common navigation bar that contains links to the previous and next sites. Clicking the next or previous sites repeatedly will eventually take the surfer to the site original site of the web ring; this is the origin of the term web ring. Web rings are organized around certain themes, and of course the theme for writer web rings is writing. These web rings for writers typically have moderators who are responsible for deciding what pages to include in the web ring. The making of the web ring is the foundation for the group of people who will soon join. Writer web rings are readily available and are open for all potential writers and experienced writers to join. These web rings for writers are usually seen as an outlet for many writers, who are otherwise unable to find interesting ways to increase their experience in the writing world. Typically, these web rings for writers are designed specifically for certain groups. For example, there are many web rings designed specifically for women. The Accomplished Women Writers group is a group of women writers who help each other by providing tips and hints for getting published. The web ring also includes a site that teaches women how to manage a family, household, and writing career. The Aspiring Young Writers Ring is also a web ring, and is dedicated to helping young writers on their way to becoming professionals. The Author Ring is a web ring that was established for published authors if book-length fiction and nonfiction. Other writer web rings include Black Folks Who Write, which is open to African Americans who showcase their work on the internet; Freelance Webring for freelance writers; Internet Writers’ Guild, which brings together authors of web-published literature and showcases their writing online; and Romance Readers and Writers, which is designed for writers who love all aspects of writing romance novels, and who enjoy reading romance novels. No matter the person, there is a writer web ring for almost every kind of writer, so no writer should feel discouraged if they feel their case is a unique one and there is no writer web ring to satisfy their artistic needs. Writer web rings are not a new concept, but there are many writers who don’t take advantage of their great services. A writer web ring can be used to help any writer expand their knowledge of writing techniques, of their own experience, level, and style of writing, can help them appreciate their writing as well as others, while teaching them about the business of writing, and helping them figure out the world of writing in general. These web rings are considered to be good things because a person can find many sites relating to their own writing all together without searching endlessly. Many may not see writer web rings as perfect, but they can be noted for their service they provide for many writers, and can be seen as a great tool for the writer. |