copyright infringement http://www.artwoo.com Returned search results for copyright infringement Copyright 2008 Sun, 23 Nov 2008 02:22:38 +0000 http://www.artwoo.com/rss/copyright+infringement Copyright Infringement Cases Can Teach Us To Obey Copyright Laws http://www.artwoo.com/article/copyright-infringement-cases-can-teach-us-to-obey-copyright-laws http://www.artwoo.com/article/copyright-infringement-cases-can-teach-us-to-obey-copyright-laws#comments Wed, 25 Jul 2007 13:25:00 +0000 copyright infringement casecopyright infringement casesprinceton university presssupreme courtcopyright lawfeist publicationstelephone service co http://www.artwoo.com/article/copyright-infringement-cases-can-teach-us-to-obey-copyright-laws Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn't as easily defined as theft or speeding, there are numerous changing the way is viewed in the U.S. By reviewing a few of these copyright infringement cases, you can get a better idea of what is, and what is not, acceptable use of copyrighted works.

As a forward, however, you'll need to know something about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means the copyright holder hadn't been asked for permission to use the work; or if they had, the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, sample of what goes to the in copyright infringement.

v. Rural (6th Cir. 1996)

This copyright infringement case was brought to the Supreme Court in 1996 regarding the copyright of a database. The Supreme Court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are "arranged and selected in an original manner." Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory (such as a phone book) are not protected because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge. The competing telephone company was allowed to tap into their competitors' database and use that data in their own work without liability.

v. Michigan Document Services, Inc (6th Cir 1996)

This case has to do with the Fair Use law, which is defined in the Copyright Act of 1976, 17 U.S.C. =A7 107. In this case, a photocopying service was sued for copyright infringement for making "course packs" for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor -- then the course pack was bound together by a professional copy shop.

In the Fair Use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials. The printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the Fair Use code and found that it was NOT Fair Use, and the printing shop had to pay the copyright costs.

As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC =A7106, or of the author as provided in =A7106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine.

Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you'll find many copyright cases in relation to electronic copyrights -- such as those you'd find on a website or PDF file, as well as other digital media such as music and audio files.

It's probable that you've seen copyright cases brought against the common person -- such as a child or family -- for downloading digital music in the form of MP3s. In the current Internet age, it's not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the Internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the Internet, we'll see many more copyright cases. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Why Are People Accused Of Copyright Infringement? http://www.artwoo.com/article/why-are-people-accused-of-copyright-infringement http://www.artwoo.com/article/why-are-people-accused-of-copyright-infringement#comments Mon, 21 May 2007 19:14:58 +0000 copyright infringementpeer file sharing serviceyoutubenapsterfile sharing servicekazaapeer to peer file sharing http://www.artwoo.com/article/why-are-people-accused-of-copyright-infringement copyright infringement, many different things can happen to them. First, 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 they will get repercussions from far and wide.

People are always looking for others violating copyright laws. Copyright owners and/or agents surf the Internet, so they may find the violations themselves. Usually, if someone finds a person violating their copyright rights, they'll notify the person or entities involved and ask they permanently remove the content, if it's available on the Internet. They do this by either asking the person directly to take it down, or demanding 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, movie publishers and distribution channels may lead you to believe otherwise. For example, many people are caught for copyright infringement at .com, 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 , such as or , 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 that the user who 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 -- people are downloading, sharing, or in some other way using copyrighted materials. The 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. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com ]]> Taking A Copyright Thief To Court http://www.artwoo.com/article/taking-a-copyright-thief-to-court http://www.artwoo.com/article/taking-a-copyright-thief-to-court#comments Mon, 08 Oct 2007 15:15:01 +0000 copyright infringement casecopyright infringement casesinfringement lawsuitjudgmentlitigationlitigateexhausted http://www.artwoo.com/article/taking-a-copyright-thief-to-court infringement lawsuit. This remedy has some drawbacks.

can be costly. In many cases, the likely value of the misappropriated material and any damages received will be less than the amount obtainable in a .

You also have to deal with the very real problem of collecting a judgment. In many cases, the offending party will be unable to pay if you prevail, and collecting via wage attachment or other options may be inefficient and impractical.

If the case crosses into a foreign country, things become even more complicated. Enforcing a judgment against a foreign entity can be remarkably problematic.

s are governed by federal statute and case law and must be filed in a Federal District Court.



If you own a copyright and can successfully prove a violation, you may be able to win damages that approximate the profits lost from the infringement and the profit generated by the offender during the period of violation. You can also receive statutory damages that may reach as much as $150,000 per violation.

During the case itself, you may also be able to get a restraining order requiring the offending party to remove the material until the matter is resolved.

Fighting copyright infringement in the courts can make sense in the right situations. When the value of the content is significant and you can prove your case effectively, it may be sufficiently lucrative to pursue. A willingness to may also signal that you take copyright infringement seriously, acting as a deterrent to other would-be thieves.

Pursuing a copyright infringement case does require a high level of specialized skill. Thus, anyone considering a case of this sort is advised to seek representation from appropriately qualified legal counsel. This is not a do-it-yourself project.

In most cases, litigation just doesn't make sense. However, it may be necessary when all other remedies are and a violating party refuses to take appropriate action.



Before instigating legal action, make sure you have clearly assessed the merits of your case with your attorney and that you are prepared to see the matter through. If you aren't ready to take that kind of action, it may make more sense to do your best to seek other remedies. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> How Does Music Copyright Infringement Affect Me? http://www.artwoo.com/article/how-does-music-copyright-infringement-affect-me http://www.artwoo.com/article/how-does-music-copyright-infringement-affect-me#comments Sun, 05 Aug 2007 10:35:01 +0000 music copyright infringementcopyright infringement casesbootleg recordingsaudio recordingsvideo recordingsmyspacewikipedia http://www.artwoo.com/article/how-does-music-copyright-infringement-affect-me Music copyright infringement happens all around us every day, by people downloading music from their favorite social networking site to the guy who's reselling MP3s. Most people who commit music copyright infringement don't realize that it's illegal and they can be prosecuted in the United States.

Copyright infringement, as defined by .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 taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone who will buy. have changed, as music copyright infringement has branched into . 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. Small label artists began feeling the pinch years ago.

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 pages. The Internet has helped up-and-coming musicians become visible, while at the same time, drastically increasing the number of music .

Music copyright infringement cases have helped to create organizations which protect the Fair Use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals know their rights under copyright laws.

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."

When music publishers and distribution companies limit uses like this, they're creating 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 these companies tried to limit the use was by creating a DRM program, which severely limited 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 a few years ago, 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. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Copyright Infringement Lawsuits Affect Individuals And Businesses http://www.artwoo.com/article/copyright-infringement-lawsuits-affect-individuals-and-businesses http://www.artwoo.com/article/copyright-infringement-lawsuits-affect-individuals-and-businesses#comments Mon, 09 Jul 2007 14:30:00 +0000 copyright infringementinfringement lawsuitsinfringement lawsuituniversal music groupemailyoutubeebay http://www.artwoo.com/article/copyright-infringement-lawsuits-affect-individuals-and-businesses copyright infringement lawsuit can occur for any number of reasons: someone using a song in a podcast or radio program, a writer "borrowing" information from another work, copying video or mp3 off the Internet without permission (or sometimes, even to another CD or DVD). Copyright s are not generally brought to the average person, unless they're downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on or to some other unsuspecting victim, someone "sampling" a song to make another, or maybe a person reselling mp3s online.

When you understand the implications of it, copyright infringement lawsuits aren't frivolous as some people think. For the most part, the average person's familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty .

If you use works from record albums by major recording stars (like Britney Spears or 50 Cent) to make a different recording as your own, then you can be sued for copyright infringement. Usually these suits will be lost because it's rather hard to prove inspiration, but they are rather costly and draining, especially if there isn't a large backing legal team.

Copyright infringement lawsuits for large enterprises can be costly and time consuming. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you can be fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. , who is claiming that MySpace is knowingly committing copyright infringement by allowing users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn't come to an agreement -- then they filed suit.

Universal Music Group has an agreement with , where YouTube agrees to follow Universal's rules. It's worked out well thus far, and I think with an agreement in place "user created content" will retain a destination on the Internet.

This is a testament we all need to be with social networking sites and `user created content.' We need to watch ourselves, because many times we may not realize the veracity of our actions.

Sometimes, people break copyright laws on purpose. There is a huge market for pirated software -- from Windows to Photoshop to The Sims. It's very easy to share peer-to-peer, and because of that, people can resell pirated copies for a high price -- all profit. Or they'll download MP3 and resell them; or eBooks. People who resell these items get nasty penalties -- with both copyright infringement lawsuits and criminal cases. They'll pay a hefty fine and go to jail.

Copyright infringement lawsuits can affect any one of us -- from our friends on MySpace to our employer, to the computer geek down the street. It's easy to violate copyrights, and you have to watch yourself. The chances are good that you won't be involved in a major copyright infringement lawsuit, but you still need to ensure you're following copyright laws.

Copyright infringement lawsuits are important to determine what is, and isn't, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding Fair Use, Internet use, and the Electronic Frontier Foundation and CreativeCommons.com. The lawsuits help us to understand what is, and what isn't fair -- and these organizations have helped the masses to understand what's so important about copyright, and why we need to defend our freedom of speech. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> How To Avoid Copyright Infringement http://www.artwoo.com/article/how-to-avoid-copyright-infringement http://www.artwoo.com/article/how-to-avoid-copyright-infringement#comments Fri, 06 Jul 2007 10:30:01 +0000 copyright infringementpublic domainelectronic frontier foundationpower point presentationcreative commonscopyright codeobtaining copyright http://www.artwoo.com/article/how-to-avoid-copyright-infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else's work, it's not that easy. Thanks to the , and many other organizations, we have the ability to use others' works -- as long as we use it under Fair Use laws. So what does Fair Use have to do with copyright infringement, and how can you utilize it?

Fair Use laws allow us to use a copyrighted work without having to pay someone royalties. This includes using a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the (commonly called Fair Use) and is available for you to read at your local library.

Copyright Infringement in day-to-day life

Sometimes, if you're writing a paper for work or school, or if you are creating a , you need to use someone's work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask -- the worst they can say is no, right? But, if they do say no, there are several items in the which may help you to finish your project without having to commit copyright infringement.

What is the public domain, and how does it relate to copyright infringement?

Material that is not copyrighted is considered in the public domain. You cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyrightable -- such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever , by providing an affiliation with . Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.

So, how do I ensure I'm not committing copyright infringement?

First of all, if you're going to use someone else's material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else's copyright. However, if you can't find something suitable (and you can't create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.

When you contact the copyright holder, make sure you tell them what you want to use their piece for -- whether it's for your blog, podcast, or report -- and ask if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you'll be free and clear to use their work as you want.

Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries. If you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit, which can be nasty, costly, and time consuming. If you're in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you're following the law -- and protect yourself!

QUESTION: If you hear a great new band, and then download a song from MySpace, is that legal or not?

ANSWER: The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. If you download a song -- no matter if you're on a website or a MySpace page -- and it isn't coming from the artist themselves, you may want to think about downloading it. Chances are, if it's not coming from them, you can't have it -- unless it is under a Creative Commons License. Creative Commons gives the exact ways in which you can use the license -- and many times those are completely free and legal to download, so make sure you check if it's under a CC License.



QUESTION: If I'm writing a paper, or article, and I want to quote another website, can I?

ANSWER: First of all, did you know the minute you write or create something, you hold the copyright to it? ESPECIALLY if you're writing it online -- it's very easy to track things on the Internet. So, if you're writing a blog, all the things you've written (no matter good or bad) are recorded, thanks to Archive.org, which lets you review last versions of your web pages.

Sometimes, we can use someone else's work in our own, and think we're small and anonymous. That no one will notice by the time you get it down -- you're just "borrowing" it. Before you begin quoting anyone's website -- from CNN to your local neighborhood hardware store -- you need to ask the person who holds the copyright if you can. Usually, they'll let you if you attribute to them. Depending who you talk to, you'll either have to pay royalties or license rights to republish. If you don't ask before you quote, you're beginning the events of copyright infringement and you are opening yourself up for a lawsuit. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> What Is Copyright Infringement? http://www.artwoo.com/article/what-is-copyright-infringement http://www.artwoo.com/article/what-is-copyright-infringement#comments Wed, 08 Aug 2007 16:15:01 +0000 copyright infringementcontactrules of engagementwikipediaintellectual property rightsstrict liabilitycopyright laws http://www.artwoo.com/article/what-is-copyright-infringement Copyright laws are constantly changing. Knowing exactly what is, whether you're creating an eBook, publishing articles, using music as a backtrack to your podcast, is important. Although copyright laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you're following the proper when you create your works. Before you make any final decisions regarding the use of a work that has been copyrighted, always 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 .org, states: "Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by 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 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 an excerpt of writing for a nominal fee, or a 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 crime or tort (a tort is a civil wrong -- not a criminal wrong). This means 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 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 your fair share of research. Download my free e-book, "Copyright Basics," at www.ResearchCopyright.com to learn more about how to avoid copyright infringement.



What Is Copyright Music Infringement?

In recent years, copyright infringement of music has seen an unprecedented leap in scope and scale. This is largely due to online services that allow unchecked file sharing among their subscribers. While this abuse of copyright is not only limited to music, this is where we observe the most profound effects of file sharing.

Industry giants of file sharing are emerging quickly with the demise of the pioneer for illicit file sharing, Napster. The Recording Industry Association of America (or RIAA) has made copyright music infringement their primary focus. They estimate that peer-to-peer file sharing steals 4.2 billion dollars worldwide each year from the coffers of the music industry. These estimates, however, assume people would buy every piece of music they downloaded.

The RIAA has argued that new and struggling bands are less likely to continue making music because it will no longer be profitable. The bulk of musicians' incomes result in royalties, which depend entirely on the sales of their albums.

The RIAA also argues that people burning music to CDs (which they have bought) does not constitute fair use because CDs are not "unusually subject to damage"; if they do become damaged they can be replaced affordably. This assertion has raised more than a few eyebrows and is giving rise to opponents of the RIAA who claim the lawsuits and crackdowns against those presumed guilty of copyright music infringement are actually hurting music sales and the profits of the music industry.

During the height of Napster popularity (the hallmark by which all file sharing seems to be compared) CD sales were at their highest rate ever. People were exposed to music and music groups which they otherwise may not have heard without file sharing. As a result of enjoying the music by these music groups, people bought the CDs of the music they enjoyed. It's ironic that the very lawsuits designed to stop copyright music infringement have actually managed to stifle file sharing enough that CD sales are dropping noticeably around the world.

Opponents and critics also challenge that rather than being a source of copyright music infringement, peer 2 peer networks offer unprecedented exposure for new artists and their music. Another argument against the RIAA is that the reason for the lawsuits against file sharers is because they want to keep the prices for CDs over inflated while keeping the actual royalties coming to the artists relatively low. The copyright music infringement claims made by the RIAA have become suspect.

The music industry is currently working on ways where fans can legally download music. This will mean that music fans have access to the music they love from their PCs and directly to their music playing devices without resorting to illegal copyright music infringement. The truth is most people want to do the right thing and will do so if given an alternate, easy solution. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com ]]> The Fine Line Between Plagerism And Copyright Violation http://www.artwoo.com/article/the-fine-line-between-plagerism-and-copyright-violation http://www.artwoo.com/article/the-fine-line-between-plagerism-and-copyright-violation#comments Tue, 02 Oct 2007 16:29:59 +0000 plagiarismplagiarizingoften used interchangeablyintellectual property rightsplagiaristauthor attributionpoem http://www.artwoo.com/article/the-fine-line-between-plagerism-and-copyright-violation plagiarism" and "copyright violation" are . Although that may work well for most dinner table conversations, it's actually incredibly incorrect. Not all acts of plagiarism are copyright violations and the two concepts are actually quite distinct.

Copyright violation refers to the use of protected material without the appropriately expressed consent of the owner. If you take a I have written and to which I hold copyright and then place it on your website, you are violating my copyright. You are breaking the law.

Are you ? Maybe. If you indicate that I am the author (attribution) you aren't really plagiarizing. You have certainly stolen my poem and you are in violation of copyright law, but you aren't passing it off as your own.

Plagiarism refers to stealing the work or ideas of another person for your own use without properly attributing the source.

Being a can get you in trouble in academic and professional settings, but it isn't necessarily illegal.

Illegality only enters the picture at the point of a copyright violation.



Plagiarism is, primarily, an ethical issue. It involves whether it is right or wrong to copy or to steal the ideas of another and pretend as if it is your own.



Copyright, on the other hand, is a legal matter. It involves whether your use of someone else's work infringes their .

All copyright violations aren't plagiarism. Not all plagiarism rises to the level of copyright violation. However, the two phenomena do overlap a great deal. In many cases, the plagiarist will be a copyright infringer. Quite often, the person violating a copyright will be in the process of plagiarizing.

Nonetheless, it does make sense to understand the difference between the two acts. If someone plagiarizes you, you may or may not have recourse. It will usually depend upon whether the act also constitutes an infringement of copyright. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Why You Must Obey Movie Copyright Laws In The Digital Age http://www.artwoo.com/article/why-you-must-obey-movie-copyright-laws-in-the-digital-age http://www.artwoo.com/article/why-you-must-obey-movie-copyright-laws-in-the-digital-age#comments Fri, 27 Jul 2007 16:34:59 +0000 colleges and universitiescopyright infringementcopyright lawscollege studentsinfringement claimsillegal downloadingillegally http://www.artwoo.com/article/why-you-must-obey-movie-copyright-laws-in-the-digital-age copyright laws. Not surprisingly, the biggest violators of the movie copyright laws are students. The movie industry is sending out claims to college universities around the country. One reason that may be the hardest hit is that they are not aware of how serious a crime copyright infringement is.

Many college students who have lawsuits brought against them are shocked, to say the least. They question why they were not warned about the perils of downloading movies and songs online and passing them along to friends. However, with the rise of claims, no one can claim ignorance for much longer. Word is being spread near and far that if you engage in and/or sharing, then you can be brought to court. College students are learning the hard way that it is against the law and in violation of copyright laws to share or download copyrighted material. Many now state in their handbooks that it is against the law to download movies, music and other forms of media using school computers.

In addition to illegal downloading and sharing movies, the files take up space on the computer systems and use a considerable amount of bandwidth. While most universities and colleges will not look at the content an individual has -- they can isolate and identify the individuals who are hogging up bandwidth by using illegal file sharing.

The movie and music industries have stepped in and are demanding restitution for illegally downloaded movies, music and other forms of copyrighted media. They have detection agencies that have the technology to identify and trace copyright infringements straight to their source. Once the computer is located they can notify the university or the college that they are in violation. The university will be told that they have a copyright infringement claim against them. Based on the Digital Millennium Copyright Act, once the computer is isolated, then Internet access is terminated to that computer and court proceedings can begin.

Does this sound far fetched? Well, it is not. You should know that a few years ago Recording Industry Association of America sued four students. These students attended Princeton, Michigan Technical University and Rensselear Polytechnic Institute. One student had an estimated liability of $150 billion. When you consider that you can be charged $750 per song that you illegally download, the total can add up fast! The good thing is the lawsuits against the college students were settled for amounts less than $20,000. That is not pocket change for college students -- or anyone for that matter!



Movies and music are meant to be enjoyed. However, illegally downloading movies and music is not much different than walking into a video store and sticking DVDs and CDs in your pocket. Be careful. You do not want to be caught violating any movie copyright laws. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Understanding Fair Use Rights http://www.artwoo.com/article/understanding-fair-use-rights http://www.artwoo.com/article/understanding-fair-use-rights#comments Thu, 19 Oct 2006 16:27:08 +0000 nuigalwaycopyright lawscopyright infringementjargonwords from a songparagraphscholarship http://www.artwoo.com/article/understanding-fair-use-rights Copyright infringement is defined as "a violation of the rights secured by a copyright."

All writers at one time or another have quoted something someone else has written. I see it all the time throughout the writing industry. Maybe you quoted the lines of a poem or a line from an article or the . I quoted the work of another author in the above , where I defined copyright. Given my example in the opening paragraph, did I just infringe on the author's copyright? Should I have gotten permission from the said author to quote them? No, under what is known as "fair use", I may quote the author without seeking permission.

There is a misconception in the writing world about what fair use is. Fair use is defined as "a concept in copyright law that allows limited use of copyright material without requiring permission from the rights holders, eg, for or review."

If you were to publish an author's article in its full entirety without seeking permission from that author you would be violating their copyright even if you credited the author and provided a link to the source of the article. Quoting two lines from the news article with a link to the entire article would be considered fair use. Except for the facts in the article, news articles are protected under . So when are you allowed the right to fair use? Fair use is allowed for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

I hope that this article has given you a better understanding of fair use. For more information on copyright, please visit http://www.copyright.gov

Acknowledgement: Help and FAQs - Explained (AF) [James Hardiman Library - NUI ... -.ie/help/jargon/" >http://www.library.nuigalway.ie/help/jargon/ Rose DesRochers is the founder of Today's Woman Writing Community http://www.todays-woman.net, a supportive online writing community for men and women over 18. Rose is also the founder of Blogger Talk Blog Community http://www.bloggertalk.net, a friendly fast growing blogging portal. ]]> International Copyright Protection: Fact Or Myth? http://www.artwoo.com/article/international-copyright-protection-fact-or-myth http://www.artwoo.com/article/international-copyright-protection-fact-or-myth#comments Mon, 24 Sep 2007 13:30:00 +0000 international copyrightintricacieslegal repercussionswidgetscopyright protectionglobal economycopyright regulations http://www.artwoo.com/article/international-copyright-protection-fact-or-myth international copyright protection.



As nice as it would be in our to have some sort of clear international regime in place to govern copyrights and their violations, there is none. There is no international .

Generally speaking, protection is governed by the country in which a copyright is claimed or in which a violation is alleged.

Most countries do have in place, but their terms may vary considerably.



Some nations actively cooperate with the U.S. on copyright relations and the U.S. Copyright Office provides information about those agreements and methods for handling international copyright disputes.

As mentioned in the introduction to this ebook, there are resources available regarding copyright considerations in other countries. If you have an issue with potential infringement and are willing to do your homework, you may be able to come to grips with the of international copyright laws and how to apply them to your specific case.



More often than not, however, international copyright issues are too complicated (and often, too costly) for the average person to pursue. This is a particular problem in today's global economy when a competing website could steal materials from another one without any real fear of .

.com could steal from GoodWidgets.com without too much concern, it might seem, if one site is ran from England and the other from Azerbaijan.



It is worth noting, however, that many web site hosts that aren't located in the U.S. are still willing to voluntarily enforce the provisions of the DMCA (which we'll soon discuss in greater detail). One should not, however, assume that a non-U.S. entity will ever bend to U.S. law. They don't need to do so and they probably won't absent an international agreement to the contrary.

Fortunately, many international agreements are in place. The Berne Convention, for instance, has more than one hundred signatories to the treaty who are obliged to provide copyright protections to authors.



The General Agreement on Trades and Tariffs (GATT) treaty also contains some copyright protection provisions.

These treaties have successfully allowed many authors to enforce their rights in other jurisdictions. However, when it comes to copyright, the key factors are often very detailed and differences in laws can result in outcomes one may not anticipate.

Additionally, even though various treaty regimes do assist in copyright protection, the rapidly changing nature of online communication has left some gaps in the system, complicating matters for online copyright holders. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> How To Copyright Your Music To Protect Your Future Royalties http://www.artwoo.com/article/how-to-copyright-your-music-to-protect-your-future-royalties http://www.artwoo.com/article/how-to-copyright-your-music-to-protect-your-future-royalties#comments Sat, 28 Jul 2007 13:35:01 +0000 copyright musiccopyrighting musicrecorded musicsheet musicart musicmore commonly knowntwo different things http://www.artwoo.com/article/how-to-copyright-your-music-to-protect-your-future-royalties copyrighting music with registering music; these are . According to the law in the United States, once you have written or recorded your music in a permanent form, it is automatically copyrighted.

Of course, it might help to first understand what it means to in the first place. A copyright is a certain legal protection that is offered to those who compose creative works, whether those works are art, music, or the written word. The U. S. Constitution states there are limits one can place on the amount of time the work is exclusively protected.

If you copyright music, this means you (and you alone) have the right to use your work or allow others to use your work. You also have the right to distribute copies of your work. Whether those copies are in the form of written or or to the public as well as the right to perform your music for the public.

There is something called Fair Use ( as the Fair Use Doctrine) that allows anyone to use your written or recorded music for the purpose of research, news reporting, commentary, or criticism. In other words, there are times when the use of copyrighted material is deemed appropriate without the consent of the one holding the copyright.

In some cases, copyrighting music alone is not enough to protect your music, at least not without going through a lot of hoops to do so. One of the things you can do to protect your copyright is provide notice of copyright. This involves writing a simple statement such as using the word "copyright," the date, and your name at the bottom of your sheet music or on the case for the recording or the actual recording itself. CDs are the most common means for recording devices today and a notice of copyright can easily be added to the exterior of your CD or on your label if you have one printed.

Why copyright music? The answer is simple: so others cannot take credit for your hard work and creative genius. For extra protection you may want to register your copyright as well. Registering your copyright will provide you with formal legal documentation of your ownership of your music should anyone attempt to claim rights to your music or dispute the true ownership/authorship of your music.

You must have your copyright registered if you wish to file a copyright infringement suit; it is, in my opinion, better to not only copyright music during the creation process, but also to register your copyright before it could possibly become an issue. Registering a copyright is not a difficult a process. Basically it involves filling out an application, paying a filing fee (check with the U. S. Copyright Office for the current amount), and a copy of the work you want to protect.

Your music doesn't have to be published to obtain a copyright. Music should be copyrighted and registered long before the publication process to protect your rights as the creator of the music. Whether you are dabbling with cute little limericks or writing masterpieces and concertos, you want to make sure to copyright music earlier rather than later for the best possible outcome should any problems arise. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> How To Stop Online Copyright Infringement With A DMCA Complaint http://www.artwoo.com/article/how-to-stop-online-copyright-infringement-with-a-dmca-complaint http://www.artwoo.com/article/how-to-stop-online-copyright-infringement-with-a-dmca-complaint#comments Wed, 19 Sep 2007 15:15:00 +0000 dmca complaintharbor provisionsdigital millennium copyright actindividual apartmentssafe harborobligatedappendices http://www.artwoo.com/article/how-to-stop-online-copyright-infringement-with-a-dmca-complaint Digital Millennium Copyright Act became a U.S. law. This controversial legislation was designed to bring copyright law in line with developing technologies and to afford protection to rights in the Internet environment.

Though vast in scope, one particular area of DMCA is of special interest to those who are suffering from an online copyright infringement. It stems from the "Safe " in Section 512 of the law.

In basic terms, the DMCA provides hosts of websites with a form of immunity from lawsuits stemming from copyright infringements that occur on "their" sites.

A host actually stores the data that comprises a website. Most people do not host their own sites and rely upon a host company to do the job. You can think of it in terms of an apartment owner.

The owner of the building (the host) rents out apartments (server space for websites) to tenants (webmasters).

The DMCA allows the landlord to avoid being held responsible for what tenants are doing in their so long as they take appropriate action when notified of wrongdoing.

The Provisions of the DMCA allow individuals to provide that notice to the host.

Thus, if you are being victimized by someone who is infringing upon your copyrights, you can advise the host of the problem and the host is then to take down the offending content.

However, you can't just pick up the phone, call a host and demand that material be removed. Well, you can, but the host is under no obligation to listen to you.

The host will only be obligated to take action if you supply them with an appropriately structured DMCA "take down" complaint.

The law provides exactly what must be included in such a complaint. We've supplied a sample in the of this text for additional guidance.

At a minimum, a valid DMCA complaint must contain the following:

* Detailed description of the copyrighted work that was allegedly infringed upon, in the form of the original URL of the image, text, or page or other information that can specify the copyrighted work.



* Detailed identification of the material, with enough information to locate the material. This includes what actions were taken in finding the material to the direct link to the infringing web page.

* Information to allow the Xanga Abuse team to contact you directly (Email address is preferred.)

* A statement that you in good faith believe that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

* A sworn statement, made under penalty of perjury, that the information given is accurate and that you are authorized to act on behalf of the copyright holder or owner of an exclusive right.

* An electronic signature (your full legal name) of a person authorized to act on behalf of the copyright holder or owner of an exclusive right that is allegedly infringed.

Once you have created an appropriate DMCA complaint, it must be sent to the host.

Finding the host is usually not a difficult process. Although WhoIs data is unlikely to reveal the host (instead providing information about the registrar of the site), other tools like SamSpade can help.

If you can't determine the host, or are unable to get a satisfactory resolution from them, you may have some success by contacting the company through which the site was registered. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> The Programmer's Guide To Understanding The Software Copyright Act http://www.artwoo.com/article/the-programmers-guide-to-understanding-the-software-copyright-act http://www.artwoo.com/article/the-programmers-guide-to-understanding-the-software-copyright-act#comments Sun, 29 Jul 2007 17:14:58 +0000 software copyrightdigital millennium copyright actpirate softwarecopyright statementopen source softwarebought softwaresoftware developers http://www.artwoo.com/article/the-programmers-guide-to-understanding-the-software-copyright-act Software Copyright Act, better known as the , has given more power to protect their works. If you've in the last few years I'm sure you've noticed some of the changes in the software buying process.

Some of the more noteworthy achievements of this Act are the following:

1) It is now a crime to break any anti-piracy measures in the software.

2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software.

3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online.

Most people don't want to . Most of us by nature want to do the right thing. The problem lies in educating people that it is stealing when you bootleg, pirate, illegally download, or acquire copies of software that you didn't pay for. It's one of those "white lie" types of crimes for most people, and they don't see how it will hurt anyone to copy a game from a brother, cousin, uncle, or friend. Someone paid for it, after all. The problem is if 10 million people are duplicating software at $50 or more per copy, the loss of software royalties and profits are staggering. The Software Copyright Act seeks to protect businesses from losing money this way and curtail illegal downloading of copyrighted music and software.

A Software Protects Current and Future Works

If you have a site dedicated to sharing and distributing , it is a wise decision to have a software copyright statement that explains the limits of use for your software, as well as the limits of your responsibility for those who use your software. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of.

A software copyright statement doesn't have to be a 10 page booklet on the law or the protections that copyright offers; it should be a simple short paragraph stating the basics and protecting you from litigation and/or responsibility. Your software copyright statement should also establish your ownership of the material.

A software copyright statement is only part of the process required to protect your software; it is also a significant deterrent to those who would abuse your copyright and/or your kindness to use and distribute your software. Even if you are charging people for the use of your software, you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution.

Most software developers, coders, and programmers aren't as concerned nearly as much about associating their name with the products they create. They also want to protect future potential income from their software. By protecting all your work with a software copyright statement you are not only protecting current works, but also future works as well. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Are Government Documents Copyrighted? http://www.artwoo.com/article/are-government-documents-copyrighted http://www.artwoo.com/article/are-government-documents-copyrighted#comments Thu, 20 Sep 2007 13:15:01 +0000 search engines googlegoogle searchgovernment documentsmajor search enginesfederal government searchjob searchweb content http://www.artwoo.com/article/are-government-documents-copyrighted government documents as , you can do so without fearing any claims of infringement.



There is, however, a caveat to that rule. Some government documents may contain a copyright notice that indicates certain portions of specific documents cannot be used in this manner.



For instance, you might find a report from the Department of Labor that would work well with your site but you'd be unable to use it "as is" if it indicated a copyright was claimed by a specific author for portions (or all) of the report.

Government documents can be a great source of content (and information) but care must be taken to ascertain with certainty that no rights are reserved.



Additionally, potential users of government documents for web content should consider the fact that most government publications are not written in a manner that makes them a particularly enjoyable or interesting read.



They tend to be long on information and short on readability! Reliance upon government documents for web content can create more yawning visitors than happy ones.

There is a time and a place for everything, though. Sometimes, a great government report or a special document will be just what you need to make your website complete. In those cases, make sure there aren't any specifically delineated reserved rights and feel free to use the government document.

You can find government documents online by using any of the . Google makes it remarkably easy. They have a special function. You can also go into advanced search options on the main page and adjust the results to showing only those documents that originate from a ".gov" domain.

Beware, however, of using ".gov" materials that don't come from the federal government. The law requires the federal government to relinquish copyrights in most cases, but state laws don't always follow suit.

If that article you just found came from a ".gov" site for the State of Kansas, for instance, you might not be able to use it without infringing upon copyright. Not all government documents are available for use without clearance. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Camera Phone - Say Cheese http://www.artwoo.com/article/camera-phone-say-cheese http://www.artwoo.com/article/camera-phone-say-cheese#comments Sun, 30 Apr 2006 11:50:02 +0000 copyright infringementcellular phonestrade photoscoincideinvention of the camerabuilt in cameratrade images http://www.artwoo.com/article/camera-phone-say-cheese cellular phones and the convenience of a built-in camera, the two were bound to meet.

During its earliest years, the camera phone offered a smaller resolution of approximately 2 to 3 megapixels. While this is still very much common in the market place, there are now camera phones that feature 7 and 8 mexapixel resolution.

The phone has played a significant role in the detection and identification of criminals, the coverage of news and improved journalism technique. In addition, it simply provides a fun way for family and friends to communicate through pictures and share special moments that can only be captured on film, such as a child's first steps or other memorable occurrence. As with anything, there are risks to with the benefits. Inappropriate camera phone usage may include invasion of privacy, copyright violations and/or infringement, etc. An example of would be taking photographs at places where photography is prohibited, such as casinos, certain live performance events and other locations. For these reasons, some organizations have banned the use of camera phones altogether.

So, just what is the most popular use of the camera phone? According to one developer in the industry, the camera phone was designed with working professionals in mind. Individuals who are always on the go and spend a lot of time away from their families, due to work, may use a camera phone to with their loved ones. The idea was designed to be simple so that even a child could operate the camera phone in order to with their mom, dad or other siblings. In an effort to make the photos as clear as possible, designers created the camera phone with the same mexapixel capabilities as a traditional digital camera.

Today, some camera phones even feature a video option, which allows the transmission of videos or help to connect video calls between parties. This feature connects the speakers through not only voice, but through live video as well. The idea here is to connect people who are apart in actuality, but wish to feel closer through the use of their camera phone's live video capability. To get more facts about http://www.top-camera-phone-guide.info camera phone, check out our website at www.top-camera-phone-guide.info for lots of free camera phone information and reviews. ]]> Software Companies Face Threat Of Patent Infringement Suits For Overseas Sales: But Is It Serious http://www.artwoo.com/article/software-companies-face-threat-of-patent-infringement-suits-for-overseas-sales-but-is-it-serious http://www.artwoo.com/article/software-companies-face-threat-of-patent-infringement-suits-for-overseas-sales-but-is-it-serious#comments Mon, 28 May 2007 23:14:55 +0000 patent infringement suitinfringement lawsmicrosoftdigital speech processingregard toexception to the rulespeech processor http://www.artwoo.com/article/software-companies-face-threat-of-patent-infringement-suits-for-overseas-sales-but-is-it-serious regard to certain products assembled and sold overseas. However, based on the tenor of the comments and questions by a majority of the Justices of the Court during oral arguments, it appears that there will be no major shift in policy in regard to patent infringement when a product is assembled and sold off the shores of the United States.

Historically, U.S. companies could escape liability for manufacturing and selling products that produced and sold in the U.S. would constitute actionable patent infringement with no negative consequences. However, all of this may change when the U.S. Supreme Court hands down a decision in the seminal case of Corporation v. ATandT Corp. The issue in this case is the actual scope of the imposing liability for patent infringement. That exception had permitted an entity or individual to avoid a components for a patented invention were supplied to an assembler in another country, provided the final product was sold in another country.

ATandT is arguing in the case before the nation's highest court that Microsoft is doing just that by causing that company's digital technology to be assembled and sold in another country. Microsoft is countering that no component as contemplated by the law is involved. Rather, Microsoft contends that only instructions directing the computer how to perform the are included in the Microsoft package being assembled and sold overseas. Microsoft maintains that ATandT needs to obtain foreign patents to protect its interests.

During oral arguments before the U.S. Supreme Court, Justices Souter and Bryer both expressed concern that a ruling in favor of ATandT would expose many high-tech enterprises to liability under the U.S. patent .

The only apparent support for ATandT's position during the oral arguments before the U.S. Supreme Court came from Justice Kennedy. He said that he did have sympathy for the ATandT position regarding the component issue that was raised before the Court. The Chief Justice has recused himself from the case.

If you are interested in keeping abreast of the latest developments in the world of business, finance and the internet, you can easily sign up to receive our alerts and legal updates that we provide with regularity. Subscribe to our alerts and legal updates today to keep up to date on all of the important issues that effect your life and your business. Robert Masud, Esq. is the principal of Masud and Company LLC, a law firm for the world of business, finance and the internet. Find out how we can help you at http://www.masudco.com ]]> Introduction To Copyrights, Patents, And Trademarks http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks#comments Mon, 18 Dec 2006 22:27:35 +0000 copyright actcopyrighted materialspublic domainold picturestrange voicessleep at nightlife span http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks
Let's consider the example of a story: a poor man who found lots of cash on his way back to his home from his work. He decided to keep the cash to improve his financial situation. But he could not because he was haunted by that told him to find the owner and return the cash. This idea cannot be protected. Anybody can write a short story based on the idea. What is protected is how the author expresses the idea in the form of texts, illustrations, drawings, photographs, etc.

Once an expression is copyrighted, others can still use it for fair use. You can tape a few 15 seconds video clips from a copyrighted TV programs and post it in your video blogs about a commentary on the program or broadcaster, etc. This will be considered a fair use and you will not infringe the copyright.

After a copyrighted material expires, it falls into the . The life of a copyrighted material is the life of the author, plus 70 years. The public domain can be reproduced without any infringement. For example, if you have an with expired copyright, you can post the picture in your website.

In the USA, the of 1976 governs all copyrights. The Copyright Act does not protect any ideas, procedures, process, systems, and methods of operations, concepts, principle or discovery regardless of how it is expressed. It is the expression that is protected by the Copyright Act. You cannot copyright titles, names, slogans, and short phrases even if those have new ideas.

As mentioned earlier, the of a copyrighted material is the author's life, plus 70 years in most cases. There are a few exceptions to this rule and they are: un-renewed copyrighted materials published pre-1964, materials published before 1978 without a copyrighted notice, and materials published by the US Government.

All copyrighted materials should be fixed in a tangible medium (papers, CDs, DVDs, etc.). If it is not fixed in a tangible medium, it is not copyrighted. For example, your speech to the graduating class that was never recorded, taped, or published is not protected under the US Copyright Act. Your can register your copyrighted materials with the US Copyright Office. All expressions of ideas are copyrighted regardless it is registered with the Copyright Office or not. If you register the expression with the Copyright Office, you can receive statutory damages and attorney's fees if an infringement occurs. If the material is not registered with the Copyrighted Office, you can only recover actual damages.

A patent holder of an invention has the right to exclude others from using, selling, and making the invention. The United States Patent Office (USPTO) awards patents. There are three kinds of patents: utility, design, and plant patents.

The most frequently used patents are utility patents. They have a life span of 20 years from the effective filing date if the filing date is after June 8, 1995. A utility patent also requires periodic maintenance fees. A utility patent must be a novel, useful, and non-obvious process, machine, manufacture, or compositions of matter or improvement to the same. There are three things that define a utility patent. First, it must be novel. Nobody should have invented, published, used, or manufactured the invention before. Second, one should be able to do some thing useful with the invention. If it is just novel without any usefulness, it cannot be patented. A patentable invention should not be obvious to the person with ordinary skills in the same technology space related to the invention.

A design patent is the appearance or aesthetic of an article and it has a life span of 14 years after the patent is issued. A plant patent, as the name applies, protects a distinct plant produced asexually. It has life span of 20 years from the filing date.

A trademark is word, symbol, design, or a combination of one or more of these items. It is used to identify the source of goods or services of one company and differentiate a company's goods and services from others. A trademark should not be confusingly similar to other existing names or symbols.

A trademark is registered with the USPTO. It can also be registered through the state's Secretary of State's office. If the trademark is not registered, the rights to the trademark may be geographically limited. You cannot use the symbol ® to represent a mark if it is not registered.

If you want to maintain a trademark for your business, you must actively use it. Just registering a trademark without using it actively will result in diminished rights over time. Never allow a trademark to become a generic word. For example, the trademark "Aspirin" by Bayer has become a generic word to represent acetylsalicylic acid. Others can use it without causing any infringement. When you see a trademark used by authors as a noun or a verb, it may become a generic word. Trademark owners vigorously pursue authors from using the trademark as a noun or a verb. A trademark should always be used as an adjective. For example, Google is preventing others from using the word Google as a verb. Dr. Deepak Dutta is the creator of http://www.semanticbay.com - an interactive social network website based on user shared text and picture contents on any topics. His other website http://www.classifiedsforfree.com - is one of the oldest online classifieds site. ]]> Why You Should Respect Copyright Notices http://www.artwoo.com/article/why-you-should-respect-copyright-notices http://www.artwoo.com/article/why-you-should-respect-copyright-notices#comments Fri, 21 Sep 2007 13:35:00 +0000 stealingemailglue that holdsintellectual property rightsriskwould agree thatinfringe http://www.artwoo.com/article/why-you-should-respect-copyright-notices
Even if someone does notice, you will probably just receive an asking for its removal. If you comply with that request, nothing else will happen to you.

Even if you ignore that letter, you will probably just have to suffer a temporary take down of the offending page until you make requisite adjustments.

You probably won't be sued.

So, considering just how unlikely it is to run into life-threatening trouble from infringing upon someone else's rights, why should you care?

Let's outline a few reasons why no one should intentionally act in a manner that s someone else's .

Moral reasons. Most of us is wrong. Regardless of our faiths and backgrounds, most of us accept the notion that stealing is immoral and is something we probably ought not to be doing. Infringing upon copyrights is a form of stealing.

It represents the theft of personal property in the form of an idea, writing or image. It represents stealing potential profit from the creator of the item in question by diluting its uniqueness and reifying a structure that allows for theft. If you infringe upon a copyright, you are stealing.

Social reasons. The idea that we should "do unto others" isn't merely a moral consideration. It has real-world justifications.

So long as we respect the rights of one another, we can continue to function in a relatively well-organized and pleasant society. When property rights cease to matter, that certainly isn't the case. Respect for personal rights is the society together.

exists. Although the risk associated with the use of stolen materials may seem slight, it is present. Its consequences can be high, in relative terms, too.

Stealing someone else's copyrighted material may not land you in prison, but it can force you do deal with take down notices and other inefficiencies.

Additionally, if a lawsuit should be filed against you or other legal action taken, the consequences will undoubtedly outstrip the value of your misappropriation.

Basic risk analysis dictates avoiding copyright infringement. Even if the likelihood of a negative consequence seems slight, the potential impact is simply too great to risk.

There is also the very real risk that your identification as a copyright infringer could have horrible repercussions on your business and ability to socially engage others online.

It may not be a scarlet "A" across your chest, but getting the scarlet "circled C" on the chest of your avatar can be almost as bad.

In the end, we should recognize and respect the rights of others because it is the right thing to do. That should be enough of a justification. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> Using Legal Music Download Sites For Your MP3 Player http://www.artwoo.com/article/using-legal-music-download-sites-for-your-mp3-player http://www.artwoo.com/article/using-legal-music-download-sites-for-your-mp3-player#comments Fri, 08 Feb 2008 04:30:01 +0000 infringement of copyrightlegal proceedingscopyright ownershipcopyright infringementmusic filesdownload speeddownload sites http://www.artwoo.com/article/using-legal-music-download-sites-for-your-mp3-player copyright ownership. This alters the stability and quality of the product, and can also lead to being brought against the user. Therefore, the best way to download music to your audio player is to find a legitimate site.

Online MP3 player downloads from a legitimate site have the benefit of being licensed by either the record company or the artist. This means that there is no laws and so enables many benefits for the user. Approximately 35% of all MP3 player owners now use this method to download . Of course, licensed MP3 file downloads come with a price tag but this is minimal when compared with the cost of CDs and minidisks.

There are two ways of paying for MP3 player downloads. The first is one off fee or monthly payment that acts as a subscription. This method enables subscribers to download unlimited music files to their audio devices, and is cost effective for any consumer who requires regular use of the services. The second method of payment entails a pay per download or burn scenario. This is more cost effective for those who will use file downloads less frequently. Either payment method will enable the user to reap the benefits of legitimate MP3 file downloads.

The main benefits of using a legitimate MP3 player download site is that the sound quality is the best possible as state of the art digital recording equipment is used. The is also excellent, and many have great additional extras such as MP3 ripping and MP3 tagging services. Licensed MP3 player files will not corrupt part of the way through, and so you can be confident in the service received. The licensing means that the download site will not be closed due to , which is common amongst file sharing sites. One of the main benefits of using a legitimate site is that there is little risk of encountering and picking up a virus. Licensed MP3 player download sites have advanced security measures which are updated frequently to ensure the best possible product is received by customers. There is also better privacy guaranteed, with spyware detected and removed, keeping customers safe from risk.

Of course there are some disadvantages to be had. Licensed MP3 player download sites have a much smaller selection of music available than the file sharing sites. There are also very few licensed mp3 download sites available, so there is little choice in terms of which service provider you can use. However, the quality of the sites available is very good, so this should not be a problem. The cost involved with licensed MP3 player sites is off putting to many, but overall the advantages of subscribing outweigh the disadvantages. The licensed site guarantees a quality product for your audio player, which is safe for your computer and which follows laws and regulations. It is fast, accessible and cost effective.

Many MP3 player download sites offer free trials of its product and services so that you can test the site thoroughly before committing to any purchase. This involves being able to download a specified number of MP3 files or being able to use the services for a set length of time before a payment is required. To be more informed, read reviews of the sites before trialling their product as this will save you time. This article can be accessed in portuguese from the Article section of page http://www.polomercantil.com.br/mp3-player.php Roberto Sedycias works for http://www.polomercantil.com.br ]]>