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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.
Copyright lawyer rating Determining what's in a Copyright Lawyer Rating You can find a copyright lawyer rating these days by doing a quick search online or by subscribing to a mailing list to the copyright lawyer guild. What goes into determining a copyright lawyer rating may be how many cases he/she has won or lost? The person that has won the most cases will be at the top of the rating chart, however someone that just comes in may be at the bottom for lack of experience. If you are searching for a copyright lawyer you will want the best but keep in mind that if they already know their copyright lawyer rating is high, their price might be raised more than the others in the field. So, make sure this is someone you want to represent you or to do your filing. If you are simply getting a copyright you probably don’t have to have the best and can go with your average rating. Someone suing you for copyright infringement or something else means you may want the best; you don’t want one that had a bad copyright lawyer rating. Do you? Today many companies are offering their own little search areas for towns, you might find a whole list of companies that need reviews and chances are those that are all bad rating are from one person. These sites are very new and popping up everywhere, the only way to find out how true the copyright lawyer rating, is by asking them. Another way they do a copyright lawyer rating is by passing out a few sheets of papers with a bunch of copyright lawyers names on them and having their peers rate them. I don’t really consider this fair because someone with the same amount of time and wants to be top in the field may mark their competition down just to get up on top. Not to mention how can they rate them when they may have never heard of them. Do you give that person a bad rating or a one star because you have no clue how they perform? Do you leave it blank? Find out why a copyright lawyer rating got the marks they did. Keep in mind that a client that didn’t win a case can have it out for them and rating them bad or review them as bad in every site that they can, which can cause a big drop in ratings, especially if they are new. Not all lawyers like that fact that just about anyone can rate them online these days, it was easier when their ratings only went with what cases they dealt with, how many they represented and their win/lose streak. There is a website called Martindale, it gives you ratings of many lawyers. This is a great site to come view to find lawyers in all types of fields, not just copyrighting. Explore it, there are a ton of reviews written by lawyers and clients, there are also legal articles, cases, events and much more for you to look at. Don’t forget about the peer ratings, which you can find person most qualified to help you. This is one place that does seem fair when giving out their copyright lawyer rating, they make sure that the top person can only be rated if they’ve been in that field for over 10 years, which makes it fair to a person that has very little experience. They won’t be on the rating list which means they won’t be at the bottom of the list. Remember, if your copyright lawyer rating isn’t up there doesn’t mean he/she is bad, they may have requested not to have it published or may not have been in the field long enough to be judge. The best judge for them will be you. Pertinent Advice for Negotiating Salary Your salary is a huge factor when it comes to job satisfaction and overall quality of life. That is why negotiating salary is something that you should never overlook. While many employers like to state that starting salary as if it were etched in stone, there is usually some leeway in how much you will make. Remember, what you make is going to affect your entire life. Negotiating your salary is something that you should take very seriously. There are a few things to consider before you start throwing out figures. You don’t want to lose the job you have just gotten. First of all, leave the salary negotiating for the end of the hiring process. This is important because if you agree to a lower salary earlier on in the hiring process, you will be locked into that salary. Also, as the hiring process goes on and you become more of an employee, opposed to an interview, your worth increases. If you have gone through several interviews and met a few different managers, you have been able to make an impression on a number of people. That means that several different people have measured your worth to the company. When salary negotiating comes around, you can ask for more money. With several different people discussing your salary there is a chance that your state price may win out. Before you begin negotiating salary, you should know how much you are worth. One of the most important aspects of job hunting is finding out how much your skills and talents are worth in the job market. Armed with this knowledge, you will be able to market yourself better and know whether or not the employer is bluffing you. If you know that the salary they are offering you is much less than other companies offering the same position are offering, start the negotiating. Employers are always looking for a bargain. They never shoot out the high end of salary numbers. Employers start out at the bottom of the salary barrel. That means you can work to boost the salary offer. Of course, you do not want to sabotage yourself by acting too cocky but do not crumble under pressure. Be savvy in your negotiating and recognize that if the company is hiring, they need you. Yes, you may need a job, but the need is mutual. They would not be going through the interview process if there were no need of your services. Also, they obviously were impressed with your credentials. Be sure that they appreciate you will a decent salary. Know when to start salary negotiation. When the employer is explaining the job description to you, if they state a salary that is lower than you would like, let that pass. Until you have been offered the position, you do not need to worry about the salary. The first thing is to get the job. Once the offer is made and you are filling out paper work, you can start the negotiating part of the deal. It is important to know when salary negotiating is not an option. There are certain jobs that offer a set salary for certain position. If you are interviewing for a job that has a stated, set salary, you do not want to negotiate. The stated salary is the one that you will be getting if you take the job. In these cases, whether or not you are willing to settle for less is the question at hand. If the salary is too low for you to handle, get out there and find an employer that appreciates your talents. |