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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.

How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before.

Big Time Experience with Small Time Publications (writing newsletter articles) When you start writing, you may have ambitions of getting your name on the front page of newspapers and on feature stories in magazines, but you will soon find out that it takes time to get there. Even the best writers have to make their way through the ranks before making it to headline status. Don’t be discouraged though. Even though you may have been rejected more times than you could have ever imagined, there are still many places that will be accepting. Even if you feel like you’ve exhausted all of your creative power, there are publications that are ready to help you develop even further. The buildup is not leading towards riches or fame, but writing newsletter articles can be a great step in that direction. The first thing that any writer should realize is that there is more to learn. Even knowing all of the grammar and all of the clarity rules will not make you a good writer. Only experience can bring you to that place. Newsletters are a great place to start getting cleaning up your writing and to start learning to write for different audiences. Who Prints Newsletters? Why are newsletters such a great place to start earning publications? There are plenty of organizations and groups that print them. The printing money and the circulation are already in place. The other great thing about writing newsletter articles is that there is almost always a high demand for newsletter writers. The pay is not great and is most often non-existent, but the newsletters must go out all the same. Hit up any organization in town that you know prints a newsletter. Some of the printing is done nationally for the larger organizations, but many will be done locally. Try volunteer and non-profit organizations as well as university and church groups. These organizations will all have news that they need to get to the public. Many of them survive based on public donations. What that means for you is that there is plenty of demand for talented and interesting writers. The Expert in Print If you have any sort of claim to expertise along with your writing skills, you will be a fantastic candidate for writing newsletter articles. One great draw for a reader is the pull of a well researched and authoritative article. Imagine the thrilled group of environmentalists when you approach them with evidence that the developmental process for non-stick pan coating is connected to the decreasing population of Asian tortoises. You’d have a job in no time. Regardless of whether or not you got paid for your work, you can expect that you’d get repeated assignments, growing experience and bylines galore for your next step of job applications. Being knowledgeable about a certain subject will give you many writing opportunities. If you have any experience in a subject area, be sure to add it to your resume. As you write newsletter articles, you’ll only add to you’re your expertise. Other Newsletter Articles If you don’t necessarily believe that you have an area of expertise that is not a problem. There are many other ways to get into writing newsletter articles. A big part of newsletter content is just content. Newsletters need to be made up of interesting and varied articles. There are usually volunteers that head up the projects and they in turn hire various writers to fill in the titles that they choose. If you can be flexible in your writing and if you can find a newsletter that works with a topic you care about, you will be well on your way to building your resume with bylines and great circulation. Writing newsletter articles will probably not be a career in itself because of the low pay scale, but it will take you closer to a lucrative writing career. Think of writing newsletter articles as a type of community service. Even after you have added paying pieces to your repertoire you may continue to write for the newsletters that you care about.