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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.
Movie Copyright Law College Students Are Being Targeted For Breaking Movie Copyright Law Many people have taken up the hobby of downloading movies and songs on the Internet and sharing them with their friends and family online. However, this is direct violation of the movie copyright law. Not surprisingly, the biggest violators of the movie copyright law are students. It is not surprising that the movie industry sector is sending out copyright infringements claims to college universities around the country. One reason that college students may be the hardest hit when it comes to violations brought against them for infringing on movie copyright law is that they are not aware of how serious a crime it truly it. Many college students who have suits brought against them are shocked, to say the least. They question why they were not warned about the perils of downloading movies and songs online and passing them along to friends. However, with the rise of claims that are being handed down, no one can claim ignorance for much longer. Word is being spread near and far that if you are engaging in illegal downloading and/or sharing then you can be brought to court. College students are learning the hard way that it is against the law and in violation of the movie copyright law to share or download copyrighted material. Many colleges and universities are now stating in their handbooks that it is against the law and the university rules to illegally download movies, music and other forms of media online using a school computer. In addition to illegal downloading and sharing software, the files take up space on the computer systems and use a considerable amount of bandwidth. While most universities and colleges will not look at the content an individual has -- they can isolate and identify the individuals who are hogging up the bandwidth by using illegal file sharing software. The movie and music industries have stepped in and are demanding restitution for illegally downloaded movies, music and other forms of copyrighted media. They have detection agencies that have the technology to identify and trace copyright infringements straight to their source. Once the computer is located they can notify the university or the college that they are in violation. The university will be told that they have a copyright infringement claim against them. Based on the Digital Millennium Copyright Act once the computer is isolated Internet access is terminated to that computer and court proceedings can begin. Does this sound far fetched? Well, it is not. You should know that in April of 2003 four students were sued by Recording Industry Association of America. These students attended Princeton, Michigan Technical University and Rensselear Polytechnic Institute. One student alone had an estimated liability of $150 billion. When you consider that you can be charged $750 per song that is illegally downloaded, the total can add up fast! The good thing is the lawsuits against the college students were settled for amounts less than $20,000. That is not pocket change for college students ? or anyone for that matter! Movies and music are meant to be enjoyed. However, illegally downloading movies and music is not much different than walking into a video store and sticking DVDs and CDs in your pocket. Be careful. You do not want to be caught violating the movie copyright law. The Makings of a Magazine: Do They Include You? (writing magazine articles) Magazines are everywhere. They are published on nearly every subject you can imagine, in duplicate and triplicate and more. All that a start-up magazine needs is a niche and an audience. While there may be hundreds of cooking magazines out there, a new one could come up if it should cover cooking for your pets. In fact, there may already be such a magazine in existence. The niche is cooking for pets. The audience is those people who want the healthiest foods for their pets and are willing to put the time and effort into making it for them. If you are interested in writing magazine articles, you?ll be sure to find one that is perfectly suited to your interests and abilities as a writer. Because there are so many magazines, it won?t be difficult to find one that you will enjoy becoming a part of. What You Should Know Magazines survive on advertising. The advertisers pay because the content is good enough that readers will invest in the glossy covers again and again. The best way to find a healthy magazine is to look through the racks for thick publications. They will only be full of content if they are full of advertisements. The big magazines can afford to pay their writers more, but they can also afford to pay only the best writers. Even though there is quite a lot of space to fill with content, you may have a hard time getting published in major magazines at first. Smaller magazines do not have quite the readership and so they also do not have quite the advertisement content. The space will be limited and the pay will be lower, but these magazines will be more open to new writing talent nonetheless. The More You Know, the Better When it comes to a writing career, the more you know the better off you will be. It is not hard to figure out that you will have the best chances for publication if you can write on a variety of topics. You should not limit yourself to a small area of expertise. Work to become an expert in every topic you come across. There is no possible way of course to be an expert in every area of human knowledge, but it will help you in writing magazine articles to learn every new piece of information that you can. For example, if you were to send a query to a health and fitness magazine about writing a short piece about general mountain biking tips they may accept it. They may also then request additional information about the pros and cons of using a road bike on mountain trails. If you only know about mountain bikes, you?ll be stuck. If you have worked on broadening your horizons though, you?ll be able to produce the work that the magazine editor requires. Getting On Staff Querying magazines is a way to get published, but if you need a more stable job, you may be interested in getting on staff with a magazine. Writing magazine articles is a talent. If you can consistently bring an editor what he is looking for, you might have a chance. To improve your chances, in addition to writing effectively, it will help to have some significant education behind you. If you are serious about making it to the masthead of your favorite magazine, it?s time to go to school. A degree will help your credibility as a writer and will help you open doors into the magazine publication world. Writing magazine articles takes a special kind of writer. You have to have a feel for what people are interested in reading about. The magazine content will help you understand how to write for a particular magazine and audience. You can also improve your chances of writing accepted articles by improving your knowledge base. Don?t be picky about what you?re willing to learn and you could go very far in the writing business. |