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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.
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. Self-Publishing and Other Options Online (how to get a book published online) There’s no question about it. There is more room for more types of writing on the internet. Many people know that getting a book published for the book store shelves is next to impossible. The competition is overwhelming. Most successful writers have already achieved fame and so are able to write book after book. The unknown, though still talented writers are shut out. Publishing books is expensive and time consuming. There are only so many readers in the world. To keep the ratios between writers and readers comfortable, less than one percent of would be writers actually get published. That is all changing now. The internet is big enough for everyone it seems. It offers many more, less expensive publishing opportunities. It also gives exposure to aspiring writers allowing them more chances to impress the hard copy publishers. So, the opportunities are there. Do you want to know how to get a book published online? Is Self-Publishing Cheating? Self-publishing is certainly not cheating. Depending on what your goals are of course, it may or may not be a direction you would like to take. In the hard copy world, self-publishing is cost prohibitive. Actually getting a book into print costs more money than a typically poor beginning writer can muster. That is the great thing about the internet. It’s free. You can either start up a free website of your own and post your novel, or pay a small monthly sum and attempt to sell your writing online. By paying for a website you will be allowed to sell a product from that site. If you can write well enough to catch someone’s attention, they may be willing to pay for a download of your book. That is how to get a book published online. Just do it yourself. You circumvent the normal book publishing costs and still get some exposure. You just may luck out and get the attention of someone who thinks you could make money off of your writing. If you’d really like to hurry up the process to getting your books in print, there is another route to go. Pay to Be Published Everything is cheaper when done ‘en masse’. There are book publishers that reduce the cost of publishing by running the presses all of the time. If you’d like to know about another way of how to get a book published online, this is it. With publishing companies though, you don’t have to dream about getting your book on the shelves. The online self-publishing companies require a fee – which will be much less than if you were to try to print yourself. They use your money to get your writing into print. You have the option of publishing your own book, or for a much smaller investment, to be included in an anthology. You won’t get as much exposure as from a big name publishing company, but it will be significant nonetheless. E-Book Publishers A third road to travel if you’re wondering how to get a book published online is that of e-books. They are another form of writing that can get you the practice and exposure that you need. Instead of writing on a topic of your choice though, e-book assignments are centered on topics that a typical person will search for online. They are normally informative and how-to books. They are usually short and to the point. E-book publishers are willing to pay experienced and capable writers to create book length, researched writing. How about adding that to your resume? Publishing a book online is easier than publishing in the world of hard copy. The end result is not as glorified, but it is a step towards success in the published realm. The more experience you can get writing, the better writer you will be. As the internet becomes more depended upon, you may find yourself on the frontline of the publishing movement. |