Welcome to elreno.org
What is copyright infringement
What Is Copyright Infringement? The Layperson's Copyright Primer
Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law.
What is Copyright Infringement?
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.”
So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse.
What is Copyright Infringement in America?
In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith.
What is Copyright Infringement in action?
Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry.
As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction.
Copyright music Copyright Music in Order to Protect Future Profits If you are a budding artist seeking to copyright music that you have labored over, there is good news. Many people confuse copyrighting music with registering music and they are two different things. According to the law in the United States, once you have written or recorded your music in a permanent form, it is copyrighted. Of course, it might help to first understand what it means to copyright music in the first place. A copyright is a certain legal protection that is offered to those who compose creative works. Whether those works be art, music, or the written word. According to the U. S. constitution there are limits that can be placed on the amount of time that the work is exclusively protected. If you copyright music, this means that you and you alone have the right to use your work or allow others to use your work. You also have the right to distribute copies of your work. Whether those copies are in the form of written or sheet music or recorded music to the public as well as the right to perform your music for the public. There is something called fair use that despite your copyright; music written or recorded by you may be used for the purpose of research, news reporting, commentary, or criticism. In other words, there are times when the use of copyrighted material is deemed appropriate without the consent of the one holding the copyright. To copyright music alone is not enough in many cases to protect your music, at least not without going through a lot of hoops in order to do so. One of the things you can do in order to protect your copyright is provide notice of copyright. This is a simple step that includes writing a simple statement to the effect of the word "copyright", the date, and your name at the bottom of your sheet music or on the case for the recording or the actual recording itself. CD's are the most common means for recording devices today and a notice of copyright can easily be added to the exterior of your CD or on your label if you have one printed. In case you are wondering: why copyright music? The answer is rather simple, so others cannot take credit for your creative genius. For an added layer of protection you may want to consider registering your copyright as well. Registering your copyright will provide you with formal legal documentation of your ownership of your music should anyone else attempt to lay claim to your music or any other dispute about true ownership/authorship come about. You must have your copyright registered if you wish to file a copyright infringement suit and it is, in my humble opinion, better to not only copyright music early on but also to register your copyright before it could possibly become an issue. Registering while not entirely painless is not as difficult a process as you might think. Basically it involves filling out an application, paying a filing fee (check with the U. S. Copyright Office for the current amount), and a copy of the work being protected (this will not be returned). It's also important to remember that your music doesn't have to be published in order for you to obtain a copyright. Music should be copyrighted and registered long before the publication process in order to protect your rights as the creator of the music. Whether you are dabbling with cute little limericks or writing masterpieces and concertos or are rock and rolls next super star you want to make sure to copyright music earlier rather than later for the best possible outcome should problems arise. Is That Free Offer Legit? Tips that Can Help Everyone loves the chance to cash in some great free stuff, but navigating the world of freebie offers, especially online, can be like navigating a minefield. Unfortunately, a lot of people out there use the love others have of taking advantage of free deals to scam them out of money or personal details that can be used in identity theft scams. All of this gloom and doom doesn’t mean that you have to give up on free things altogether, however. The good news is that there are some simple, common sense steps you can take protect yourself from online freebie scammers. These tips will help give you the confidence that you can enjoy taking advantage of free offers without the fear of ending up facing some negative consequences. First and foremost, when you are checking out a free offer on the Internet, take a closer look at the website, beyond just reading the words and figuring out what you have to do get the free goods. Does the website look like it was made by a professional, with some consideration, or does it look like a five minute amateur job? Are typos and clip art the order of the day, or does it look like a website any business would be proud to call its own? What about the web address – is a domain name that matches the business the website claims to represent, or is a “free” domain address that includes the name of the domain company in the address? All of these factors can be red flags that determine the difference between a scam and a legitimate free offer. If the website looks half hearted or doesn’t seem to exactly “match” the company it purports to represent, then don’t even think about trying to get anything from it. When you’re reasonably sure that the website is actually the front of a legitimate business, it’s time to turn your attention to the privacy policy of the website. The best privacy policies guarantee you that the email address you use to sign up for this offer will not be shared with any other companies – but when it comes to free stuff, those kinds of privacy policies are few and far between. Many companies cover the costs of the free things you get by selling your email address to other companies that may have offers you they think you might be interested in. If you can’t find a privacy policy that lets you opt out of getting unwanted solicitations, at least make sure the site is secure and that any personal information can’t be obtained by hackers. Other things to look out for when you’re looking for freebies is products that are free but that require you to pay a shipping charge that seems beyond the pale for what it should cost to ship and freebie offers that seem to ask for way more information than needed for what the product actually is. Twenty pages of personal information for a travel size bottle of shampoo? That doesn’t make sense, and it should set off warning bells in your head. All of these red flags aside, giving out some amount of personal information comes part and parcel with freebie offers. There are a few things you can do to make life easier on yourself. Set up an email account that you will use specifically for freebie offers so all of the inevitable spam doesn’t clog up your main account. Use a phony phone number (preferably one that can’t be anyone else’s, like one that starts with 555). Last but not least, if you’re unsure about an offer, keep on moving. Better safe than sorry. |