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Fair Use Copyright Law
Don’t Overstep the Fair Use Copyright Law
Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain.
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? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. 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! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright.
With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.
Yes, There Really is a Freebie Santa Claus If you are a cynic when it comes to offers of free stuff, you are not alone. Everyone has had notions like “there is no such thing as a free lunch” and “if it sounds too good to be true then it probably is” drilled into their heads, and for good reason – these things often hold water. On the flip side, there ARE actually lots of places you can score some decent free stuff, if you know where to look and are willing to devote some time to hunting them down. The key to getting the best free stuff with the least amount of hassle is to stick with that healthy cynicism but to also dipping your toe in the freebie pool little by little. But why would anyone give stuff away for free? It is certainly an obvious question, but if you stop to consider it for a moment, you can see that companies actually have a lot of motivation to give away free stuff. After all, if they give you something for free, you are bound to have a little soft spot for their company, and when you are ready to part with some cash, their product may near the top of your list. Also, by giving away free things, companies can convince people to try new products. You might not want to try a new kind of shampoo if you have to pay for it, but you’d certainly be willing to give a free sample a try. You may end up loving it and switching to that shampoo for good, turning you into a paying customer. Another reason a company might give you free stuff is to complete market research. This is where getting free things can get a little complicated for some people because the products may not cost you money, but the offer may cost you a little time. A company might ask you to take a survey of your buying habits before they give you a free offer, or they may ask you to provide feedback on a regular basis as you try their product for free. Some people balk at the time commitment required here, but for other people, filling out some paperwork is a small price to pay for some free stuff. Of course, to convert you into a customer or to communicate with you about market research, a company will have to contact you, which is complicated area number two for freebie lovers. You will almost always be forced to hand over your email address in order to cash in on a free offer, and that is a recipe for opening your inbox up to a barrage of spam (many companies sell your email address to offset the costs of their free promotions, which means the number of people soliciting you can go through the roof very quickly). If you want to avoid this downside of freebie hunting, set up a special email address specifically for your freebie deals. That way all of your spam goes to this one address and your regular email you use with family and friends remains free and clear. One final note of caution about free stuff online: a lot of scammers have hit on the idea of using pretend freebie offers to solicit personal information about people or to convince people to send them money. Don’t send money, even for postage, to a company you don’t know and never, ever give out personal information online. No reputable company is going to ask for your social security number or bank account details for a freebie offer, so don’t hand them out to anyone. When in doubt, skip it and move to the next freebie. Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. |