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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
Music Copyright Law Are You Violating Music Copyright Law? With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way! A Writer’s Best Friend: The Job of an Editor (editing) Are you irritated by typos and spelling errors in professional documents? Are you able to help your friends make their writing error free? You may be a good candidate for editing. The world is incredibly dependent on writers and the craft of writing. It is how people communicate with each other most often. As the internet writing forms do not require people to hold to correct grammar, spelling or professional style, most writers are losing their capabilities to complete a professional document or book without help. Writers have always needed the help of editors. Even when there was strict attention to correct writing, editors could come and catch missed errors as well as mistakes in content. Editors are still needed today. Read on to find out more about what can be involved in a life of editing. Who are the Editors? Editors are those people with the ability to read a document and guide a writer to make it the best piece of writing that it can be. Editors work in newspapers, and magazines. They also work for publishing companies and in student resource centers. Editors generally have some education that leads them to the ability to help writers. They probably have a degree in language as well as training with style manuals. What is the Job? An editing job involves taking a piece of writing and conforming it to some particular set of standards. Style manuals are often the standard used. Different publications will choose a style and then ask the editors to make all of the writing that comes out to be consistent to that style. Editing is not only concerned with objective corrections like spelling and grammar though. An editor must also read for clarity, consistency and voice. If a writer claims one thing in one point of their piece and seems to contradict that point in another part, it is the editor’s job to catch the mistake and work with the writer to fix the inconsistency. If the writer is speaking authoritatively in the beginning of a piece and then becomes apologetic later, it is the editor’s job to make the tone match. Editors help with sentence construction, word choice and content order. How to Find Editing Jobs If any of the above job description sounds interesting and even exciting to you, you just may have found your ideal job calling. Before you start looking for editing jobs, you should test your skills. There are editing tests online. Feel free to use a style manual as well as your intuition as you correct the sentences and word choice in the different test questions. If you do not pass the test, you should probably spend a little more time reading a style manual and a basic grammar guide. Once you can ace an editing test, it’s time to look for a job. Be sure to include any experience you may have had. Include any editing of any kind you have ever done. Peer editing in school is appropriate experience to mention. Also be sure to list any style you are able to edit to. Examples are AP, Chicago, MLA, and so on. If you get an interview, be prepared to take another editing test, with the help of your manual. The test will likely be timed. Editing is a rewarding career. It involves helping writers to do their very best writing geared to their particular audience. While it can be stressful because of deadlines and workload, at the end of the day you will know that you have made the world of the written word a little cleaner and much more effective. Editors are an essential part of making the written word what it is today. |