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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.
Web Hosting - Is a Dedicated Server Worth What You Pay? In reviewing web hosting plans, many web site owners are faced at some point with the decision of whether or not to pay for a dedicated server. A dedicated server is one which holds your site(s) exclusively. It's not shared with other sites. You then have the option to put one site or many on that piece of hardware. But the decision is never easy. There are multiple considerations to take into account, far beyond just the higher dollar outlay that inevitably accompanies a dedicated server option. Performance is (or should be) a prime consideration for the majority of site owners. Studies show that when a page doesn't load within about 10 seconds or less, almost everyone will give up and go elsewhere. The delay may be caused at any of a hundred different points in the chain between the server and the user. But often, it's the server itself. In any case, it's important to eliminate the server as a possible bottleneck, since it's one of the few points over which the site owner can exercise some control. That need for control extends further than just performance, however. Other aspects of the user experience can benefit or suffer from server behavior. Security is a prime example. With the continuing prevalence of spam and viruses, a server can easily get infected. Having only your site(s) on a single server makes that issue much easier to deal with. With fewer sites on a server, there is less likelihood of getting infected in the first place. Also, since you will place a higher value on security than many others, it's easier to keep a dedicated server clean and your site well protected. You can use best practices in security to fortify your site. Having other sites on the server that you don't control raises the odds that your efforts are for nothing. One way your efforts can get watered down is through IP address sharing. Less sophisticated hosting services will often assign a single IP address to a single server and multipe sites. That means your site is sharing the same IP address with other domains. That leaves you vulnerable in several ways. Virus or spam attacks may target a particular IP address. If you have the same one as another site, one that is more likely to attract hostile intentions, you suffer for and with someone else. In other cases an IP address range is assigned to the server, with each site receiving its own address from within that range. Though better than the one IP:server scenario, this still presents a vulnerability. Many attacks try a range of IP addresses, not just a single one. But even legitimate sources can give you trouble when you share an IP address or a range. If another site engages in behavior that gets it banned, you can suffer the same fate if they ban the address or range. If the miscreant that shares your server/IP address or range is himself a spammer for example, and gets blacklisted, you can inadvertently be banned along with him. Using a dedicated server can overcome that problem. There's a certain comfort level in knowing what is installed on the server you use, and knowing that you alone put it there. But a dedicated server option may require increased administration on your part. If you're not prepared to deal with that, you may have to pay still more to have your dedicated server managed by someone else. All these factors have to be weighed carefully when considering a dedicated server plan. People caught of copyright infringement Why Are People Caught of Copyright Infringement? When you hear of people caught of copyright infringement, many different things can happen to them. First of all, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely that they will get repercussions from far and wide. First of all, people are always looking for people violating copyright laws. Copyright owners and/or agents surf the internet, so they may find the violations themselves. Usually, is someone finds that people are violating their copyright rights, they’ll notify the person or entities involved and ask that they take the content down, if it’s available on the Internet. They do this by either asking the person directly to take it down, or demanding of the website server to take it down (which they will, immediately, and probably suspend the account) If the person or entity hosting the violation doesn’t take it down, more serious actions will be taken, such as a lawsuit or criminal charge. People caught for copyright infringement do not automatically go to jail, although some entities like major television, music, and movie publishers and distribution channels may lead you to believe otherwise. For the example of YouTube.com, there are many people caught for copyright infringement, but they only need to take down the material. In many cases, YouTube.com will take the material down before the poster (the person who put the copyrighted information on the site to begin with) has a chance to see the warning. Other times, a work will be present on a peer to peer file sharing service, such as Kazaa or Napster, and the host of said service will blame the end user (you!). So, even if you found a file on a file sharing service, such as Kazaa, doesn’t mean the copyright is open for you to take it. Many people caught of copyright infringement have been found through these peer to peer networks, and it has been found time and again that the user that downloads the material gets charged and not the file sharing service. Be careful, if you are ever to use a peer to peer service such as Kazaa (or bit torrent, which is the code/program for another type of peer to peer file distribution tool) that you’re only downloading, and sharing, items that aren’t copyrighted works – or you could be punished severely. Sometimes, people are caught of file sharing from their IP addresses – because they download something from a secure site, their servers can track your IP address (your unique location on the internet, four sets of numbers, separated by periods, with at most three numbers in each set – i.e. 216.239.51.100 which is the IP address of Google.com). So even if you think you’ve bypassed the copyright law, you can still be found years later by tracing that IP address. There are many ways to find people caught of copyright infringement, you can search through Google.com or look through newspaper databases. One thing, however, remains the same in all these cases – the people are downloading, sharing, or in some other way using copyrighted materials. The only problem is, especially in the internet age, is that even if you’re using something anonymously, you can still be tracked – and prosecuted – for the infringement. Be careful, in all you download or use, have the rights to use the item – sometimes it’s as simple as asking permission that will keep you from getting sued or sent to jail. |