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Patent and copyright law Understanding Patent and Copyright Law Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code. The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals. Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder. For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns. If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future. Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits. Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business

Copyright Music Form The Copyright Music Form is your First Step to Protecting your Work Many confuse a copyright music form with an actual copyright. The form is actually what you get from the U. S. Copyright Office when you are ready to register your copyright. It is highly recommended that everyone who writes a piece of music take the time and register their copyright. It is also important to understand that once you've either written or recorded your original music, it is actually copyrighted. In other words you do not actually need to fill out any type of copyright music form in order to have your music copyrighted. While registering is not the act of copyrighting your work it is very necessary if you plan to file suit for copyright infringement. It is also better to fill out the copyright music form they offer earlier in the life of your music rather than later as the timing of the registration of your copyright can have an impact on the actual awards you can receive should you win your lawsuit. There is also something quite satisfying about having your musical works registered with the copyright office. I can't explain the feeling as it will be different for everyone but if you've written music, you really should see for yourself. You can find the copyright music form from the U. S. Copyright Office online quite easily. There is more involved than simply filling out the paperwork in order to register your copyright. You must also pay a fee, the actual fee changes so you should make sure you are aware of what the current fee is before sending in your work. An insufficient fee can result in delays. You also must send an actual copy of the music you are registering the copyright on. Your copy may either be the written or recorded music you wish to register but must include everything you wish the registration to cover. When filling out the copyright music form it is important to provide as many accurate details as possible. While your registration is active the day your application is received you may not actually receive your certificate for several months. Really and truly, as far as government agencies go, this is one of the easier ones to deal with as far as red tape. The procedure in addition to the copyright music form is straight forward and not designed in a manner that would be too easily confusing. The copyright music form is only one step in the process of registering your music's copyright. While it is an important step if you forget the other steps there will be delays in the registration process. Read the form completely before filling it out and if you are printing your form from the computer, I highly recommend printing more than one copyright music form to insure that you have extras if you make a mistake and in order to register your future musical copyrights. Your first copyright registration will be the most nerve wracking. This makes perfect sense when you consider that trying anything new requires some degree of 'anticipation'. It is also likely to be your most thrilling. Even in this particular piece of music ends up being the worst piece you've ever written (most of our first endeavors are our worst) there is a lot to be said about the fact that you've actually taken the steps to insure your future is a great feeling. If your first piece of music sells and is someday published that is wonderful. If not, you are still ready for the next piece and have gone through the process of filling out a music copyright form before so you know what to expect.

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!