Welcome to elreno.org
Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under “architectural works” was later added in 1990.
What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work.
Evaluating your Free Offers of Stuff Getting free stuff can be a lot of fun, and for many people, the hunt for freebies is as fun as actually enjoying the free products themselves. There is a dark side to freebie offers, however. Many scam artists have come to realize that pretending to offer free things is a great way to trick people into handing over sensitive information about them than can be used in identity theft operations or even bilk them out of cold, hard cash. For that reason, it is important to make sure you know how to stay out there when you’re looking for free offers. There are some things you can do to make sure you freebie hunting only brings you good times – these common sense rules are a great place to start. You’ve heard it a million times before – if it sounds too good to be true, it probably is. The reason you have heard it so many times is that it almost holds water. Think about the reason that companies give away free things. They’re usually not doing it for charity. They want you try to their products in the hope that you will come back to them as a paying customer in the future, and they’re doing it to build good will for their company over all. They’re definitely not doing it go broke. So consider whether the freebie offers you come across make sense according to these criteria. Does it make sense that a company will give you a free bag of their new flavor of chips or a trial size jar of their new face cream? Sure it does, because if you like it, you may buy these products in the future. Does it make sense that a company will give you an all expenses paid, two-week first class trip to Bali for you and ten of your friends? Not so much. Don’t waste your time on these too good to be true freebies – they may end up costing your big time in the long run. By the same token, the more outlandish an offer sounds, the more you have to look for the small print. Sure, maybe the hotel chain is willing to give you a free weekend in their beachfront hotel. The small print in the offer might say that you have to agree to spend 10 hours a day at a sales seminar or that the free weekend is yours after you pay for a two week stay. One particular airline ran an offer for a free coach class plane ticket from New York to London. The small print said you had to buy two, full price first class tickets on that same route before you could get the free on – at a cost of around $8,000 per ticket. Before you jump, make sure you get all of the details. Freebie offers that actually require you to shell out some money are very tricky. Sometimes they are legitimate – after all, if you are accustomed to paying full price first class airfare, a free coach class ticket can be a real score. But many times, when you have to pay to get something for free, that is a red flag that a scammer is at work. You should never send money, even for postage, to a company that you don’t know. Also, keep an eye on the costs for things like postage even if you do know the company name. If they’re asking for $50 postage to send you a free magazine, then you know something is up. Lastly, beware giving out too much personal information. There’s no reason a company giving away free shampoo needs your bank account details. Protect your private info and if you’re unsure, move on to the next freebie offer. Music copyright infringement How Does Music Copyright Infringement Affect Me? Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States. 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.” We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago. However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed. Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts. While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’ It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control. A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security. As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned. |