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Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!

Following Up on Fallacies about Getting Free Stuff “Free stuff” – the mere whisper of the words is often enough to make many people throw common sense out the window and head for the free goods like a missile to a target. And then there are those people whose eyes glaze over when they hear those words, because they can’t believe anything worth having can actually be free. The truth about free stuff is really somewhere in the middle. Yes, you can really and truly cash in on many freebie deals for things that you want to have, but a healthy sense of cynicism about free gear is also useful. Here are some of the important things to keep in mind about free stuff. The first myth you should throw out the window is that nothing good comes for free. The fact of the matter is that the price tag on a good doesn’t always match up to the quality, and there are many great free things out there. Case in point: music. Sure, everyone has heard the scare stories about file sharing online, and maybe some big record labels will come after you if you focus on their artists. Dig a little below the surface, however, and you can find a whole new world of really great bands that are more than happy for you to listen to their music over and over again. The same goes for free software. People on the cutting edge of technology who have a passion for creating new and efficient applications often develop open source code software. They’re doing it for the love of it, and they often have more talent than any ten suit-and-tie tech guys trying to hock their latest product for a mega profit margin. Here is where the reality part comes in, however. Yes, you can find wonderful things that are completely free – but yes, you can also find a lot of free things that aren’t worth your time at all and in some cases can cause you a lot of trouble. The net is a great place to fall victim to a “free stuff” scam, but you can also sometimes come across these scams in the mail as well. If something is free, but requires you to give your credit card number or bank details, run the other way. Another myth people have about free stuff, especially free stuff on the internet, is that when you try to cash in, the only free stuff you will be getting is an inbox full of more spam than you can handle. The truth about this is, well, that is can certainly be true. Many companies give away free things in exchange for your email address, so they can try to hit you up to purchase things in the future. What makes this a myth, however, is that it can be avoided. If you don’t want to choke on an inbox of spam, and who could blame you, set up a special (free) email account that you will use exclusively for freebie hunting. You’ll have the best of both worlds. The last myth about free stuff involves the “catch” people are always looking for. Often, for free stuff, the catch is a bit of junk mail or email or the fact that you have to submit to a time consuming survey. Sometimes, the catch is that if you get free stuff through a trial offer, if you don’t cancel it, it keeps coming, and this time you have to pay. The truth about these catches is, however, that the catch is in the eye of the beholder. These things don’t make products any less free; so don’t write off every free offer offhand. You might just find a catch you can live with to get a great free product you really want.

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.