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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!
Copyright infringement insurance coverage Do You Need Copyright Infringement Insurance Coverage? People are creating more content now than ever: eBooks, blogs, web journals, MySpace Pages, Podcasts. Every where, in abundance, you’ll find people sharing their ideas and opinions, and creating entertainment for everyone. However, with all the resources available to us, how can we be sure that we’re not violating copyright law? Should we have copyright infringement insurance coverage? Copyright infringement is the act of using someone else’s copyrighted material – in any form – in our own use without proper allowances. In order to be allowed to use the material, all we may need to do is ask and give the owner royalties, attribution, or some combination thereof. But, occasionally, it’s easy to forget that we need to ask before we use something without rights. You’re allowed to use copyrighted works in a number of forms – educational and instructional uses, parody, commentary, and news are all forms where you don’t need to ask for use – it’s considered fair use under the copyright law. However, even if you’re using the item of copyright in one of these forms, it would still be wise to inform the owner of your intent before using it. Of course, you should contact a copyright lawyer before using anyone else’s work(s), but to keep yourself safe, copyright infringement insurance coverage may be a good bet for you and your colleagues. Should you have copyright infringement insurance coverage? Although this is a new concept, it is one we should look at closely as creators. A well-known adage “there is no completely original idea” comes into play in our current age – while it’s entirely possible for us to have a thought, and act upon the thought – there may be, somewhere, someone who has created close to the same material as we have, without our knowing. Did we create it first? Did they? Would they be able to sue you for copyright infringement? These are the things to ponder as we create our media – should we have copyright infringement insurance coverage? What is copyright infringement insurance coverage? This coverage would be insurance for covering the cost to settle lawsuits brought in regards to copyright infringement – it would be a small amount of coverage. For example, you would only need around $5,000 to cover the court and attorney fees associated with a case, if a suit were brought against a person. Theoretically, you would only pay under $25 per year and would cover up to the five thousand dollar settlement should a case be brought against you. How would you use copyright infringement insurance coverage? Hopefully, you’d never have to use your copyright infringement insurance coverage. But, it would be there in case a charge was ever brought to you on copyright infringement With so many of us – bloggers, columnists, podcasters – creating our own content, it’s in our best interest to consider something such as this. We may not always get the rights we need in order to use a work, either whole or in part. As you can see, it can be critical to have copyright infringement insurance coverage as a blogger, podcaster, columnist, or other content creator. It’s imperative that we know our rights to use something (or to NOT use something) and what we can do to protect yourself. Copyright infringement can carry a serious penalty, and insurance coverage is a good way to insure that you’re protected from hefty fines. Talk to you current insurance provider and copyright lawyer to find out what you need to do, and what you need to know, to get proper insurance for your needs. Copyright infringement insurance coverage Do You Need Copyright Infringement Insurance Coverage? People are creating more content now than ever: eBooks, blogs, web journals, MySpace Pages, Podcasts. Every where, in abundance, you’ll find people sharing their ideas and opinions, and creating entertainment for everyone. However, with all the resources available to us, how can we be sure that we’re not violating copyright law? Should we have copyright infringement insurance coverage? Copyright infringement is the act of using someone else’s copyrighted material – in any form – in our own use without proper allowances. In order to be allowed to use the material, all we may need to do is ask and give the owner royalties, attribution, or some combination thereof. But, occasionally, it’s easy to forget that we need to ask before we use something without rights. You’re allowed to use copyrighted works in a number of forms – educational and instructional uses, parody, commentary, and news are all forms where you don’t need to ask for use – it’s considered fair use under the copyright law. However, even if you’re using the item of copyright in one of these forms, it would still be wise to inform the owner of your intent before using it. Of course, you should contact a copyright lawyer before using anyone else’s work(s), but to keep yourself safe, copyright infringement insurance coverage may be a good bet for you and your colleagues. Should you have copyright infringement insurance coverage? Although this is a new concept, it is one we should look at closely as creators. A well-known adage “there is no completely original idea” comes into play in our current age – while it’s entirely possible for us to have a thought, and act upon the thought – there may be, somewhere, someone who has created close to the same material as we have, without our knowing. Did we create it first? Did they? Would they be able to sue you for copyright infringement? These are the things to ponder as we create our media – should we have copyright infringement insurance coverage? What is copyright infringement insurance coverage? This coverage would be insurance for covering the cost to settle lawsuits brought in regards to copyright infringement – it would be a small amount of coverage. For example, you would only need around $5,000 to cover the court and attorney fees associated with a case, if a suit were brought against a person. Theoretically, you would only pay under $25 per year and would cover up to the five thousand dollar settlement should a case be brought against you. How would you use copyright infringement insurance coverage? Hopefully, you’d never have to use your copyright infringement insurance coverage. But, it would be there in case a charge was ever brought to you on copyright infringement With so many of us – bloggers, columnists, podcasters – creating our own content, it’s in our best interest to consider something such as this. We may not always get the rights we need in order to use a work, either whole or in part. As you can see, it can be critical to have copyright infringement insurance coverage as a blogger, podcaster, columnist, or other content creator. It’s imperative that we know our rights to use something (or to NOT use something) and what we can do to protect yourself. Copyright infringement can carry a serious penalty, and insurance coverage is a good way to insure that you’re protected from hefty fines. Talk to you current insurance provider and copyright lawyer to find out what you need to do, and what you need to know, to get proper insurance for your needs. |