copyright laws http://www.artwoo.com Returned search results for copyright laws Copyright 2008 Sun, 23 Nov 2008 02:44:48 +0000 http://www.artwoo.com/rss/copyright+laws How To Use Copyrighted Music Legally http://www.artwoo.com/article/how-to-use-copyrighted-music-legally http://www.artwoo.com/article/how-to-use-copyrighted-music-legally#comments Mon, 06 Aug 2007 14:35:00 +0000 public domain musicfree public domain musiccopyright musicwritten musicuse musicrecorded musicfree public domain http://www.artwoo.com/article/how-to-use-copyrighted-music-legally copyright music is often mistaken with free or music in which the copyright has expired. A copyright is in place for the lifetime of the author plus 70 years. If more than one songwriter has authored the music, then the copyright will be in effect for 70 years after the death of the last surviving contributor.

This copyright law was created to ensure that the heirs of the songwriter would also benefit from the royalties after the music's writer or composer was no longer living. It is important to remember that these laws are the current laws; music written at different points in time are most likely subject to different copyright laws. When searching for free copyright music it is always a good idea to search through music that is very old rather than focusing your search on more recent musical selections, as they will most likely still be protected under copyright.

When using free copyright music or public domain music, you must be certain the copy you are using is within the copyright period. Any music published before 1922 is public domain music. This does not, however, include derivatives or new versions of that music which may still be under copyright protection. Finding a copy of the music with the copyright date included, if that date is prior to 1922, is the best route to ensure you are complying with current copyright laws and you not infringing on someone else's copyright.

is protected differently than . Almost every sound recording copyrighted in the United States is protected until 2067. If you need a sound recording you should either purchase one or make one of your own. You can find many free copyright music by searching on Google; which allows free use of the music and free of any royalty payments.

Copyright laws in the United States are different than they are in other countries. If you wish to that is or was under copyright in another country, then you must follow the laws that apply to the particular piece of music. Free copyright music is available in almost every country and many genres; the trick is finding great sources where you can easily find this music.

There is a project called Mutopia, which operates like project Gutenberg. Mutopia provides free copyright music. The Gutenberg project also has a section devoted to free sheet music, in addition to its wonderful resources for books. Each of these projects provides excellent resources to find free copyright music for whatever reason.

Whether you are a musician seeking inspiration from the music of old or hoping to find a composition -- which you can rearrange and make your own -- there are many ways you can achieve your goals that will not violate current copyright laws. The key is learning the copyright laws both where you live and countries in which the music you seek to modify. 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 Copyright Law Act Of 1976 Is Still Relevant In Today's Digital Age http://www.artwoo.com/article/the-copyright-law-act-of-1976-is-still-relevant-in-todays-digital-age http://www.artwoo.com/article/the-copyright-law-act-of-1976-is-still-relevant-in-todays-digital-age#comments Wed, 25 Jul 2007 23:24:59 +0000 copyright lawcopyright lawslaw actsound recordingspreemptedpantomimescopyright symbol http://www.artwoo.com/article/the-copyright-law-act-of-1976-is-still-relevant-in-todays-digital-age Copyright Law Act of 1976 is the basis of United States . The Copyright 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 copyright laws be revised to take into account technological strides that were being made in radio, , motions pictures and more. The Copyright Law Act of 1976 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 * 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.

Violations of US Copyright Laws are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright laws. Someone who is in serious violation of US Copyright Laws, such as counterfeiting, can find themselves on the inside of prison. People need to understand that the 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. 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 what they want with it. 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 works. 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 Software Copyright Laws http://www.artwoo.com/article/understanding-software-copyright-laws http://www.artwoo.com/article/understanding-software-copyright-laws#comments Tue, 31 Jul 2007 17:15:00 +0000 copyright lawssoftware copyrightsoftware developersroyaltiesbreachsoftware etcsoftware businesses http://www.artwoo.com/article/understanding-software-copyright-laws copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are well known for overlooking these laws, which were designed to protect the creation of software from not earning their worth. Perhaps one of the biggest hitches why many go out of business is they have difficulty enforcing laws and getting money that is owed to them from end users.

, particularly in the corporate world, design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers who create these massive programs. These expensive programs are designed specifically for that one company. The copyright and license agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of for the use of the software.

The purchasing companies agree to this and then often fail to honor that agreement. The agreement is what allows this company to use that software. When companies aren't living up to their end of this agreement, they are not only guilty of ing that agreement, but also of breaking software copyright laws. The trouble always lies in proving they are not honoring the contract and the extent and duration of the breach.

Some ways companies will argue, in defense of not paying the royalties, additional fees, purchasing additional software, etc. is they had upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws). The problem lies in the fact that adding ten new computers and placing the software on those should mean you remove it from or get rid of 10 old computers. This is rarely how it works. The truth is they've stolen ten copies of software which can be worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies doing the same thing and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be.

Software copyright laws exist to protect the software companies from this type of abuse and misuse; however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court.

There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws make the exceptions rather than consumers who do not pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software, but only "renting" out permission for people or companies to use that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies. 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. ]]> Everything You Need To Know About A Copyright Lawyer http://www.artwoo.com/article/everything-you-need-to-know-about-a-copyright-lawyer http://www.artwoo.com/article/everything-you-need-to-know-about-a-copyright-lawyer#comments Thu, 09 Aug 2007 16:20:01 +0000 lawyerintellectual property patentspatents and trademarksfree ebooklawyerscopyright ownershipcopyright laws http://www.artwoo.com/article/everything-you-need-to-know-about-a-copyright-lawyer lawyers deal with many different subjects such as Internet law, intellectual property, , and of course, your . Each lawyer has attended school for some time to get a degree to help you, which means they know more about the law than you do.

Some mistakes website owners make is when they buy articles online; many times a buyer assumes they have full copyright. This isn't always the case, depending on the agreement of ownership. To make sure you don't fall into this trap, you should have a lawyer create a contract before you hand over any money; this way you know for sure if you have full ownership or if the writer does. You have three different categories you may purchase an article: usage, full, and unique. A copyright lawyer will explain exactly what each one means. Usage means the buyer gets to use the article one time, but the writer can use it again or resell it. Full rights will give the buyer all rights; they can even place their name on the article, saying they wrote it.

A copyright lawyer will never tell you that you don't have to register your copyright; in fact they will encourage you to do it. Sure, they get money to do it for you, but you will have documented proof of your . If you don't file it, you can't sue if someone uses your information. (To learn more about copyrighting your work, download my , "Copyright Basics," at www.ResearchCopyright.com).

A copyright lawyer is not cheap. Most copyright will have special discounts on packages, which mean you can get a lot more than what you originally walked in for. Usually your lawyer will even advise you of things you didn't even have knowledge about.

A copyright lawyer can help you better understand the laws of the virtual world, as well as the real world. Every day someone new is getting sued over content on the Internet. It can be as simple as someone stealing an article, quote, song or a picture. A big issue is using another company's name in your tags to get the search engines to rank you higher. Other issues may be with bloggers today. Be careful with what you say about your places of business; not only could you get in trouble for any copyrighting issues but slander is another big issue.

Many people only look for a copyright lawyer when they want to copyright something or sue someone, but they normally don't think about hiring a copyright lawyer when they are being sued. This is definitely the person you want on the job defending you if the time comes. Before you hire a copyright lawyer, if you have any other questions call them up and ask them. Lawyers love to give advice, especially if they think you'll be hiring them.

Copyright Lawyers in the U.S.

A US copyright lawyer can help anyone in the United States, as they know U.S. copyright laws and the best ways to fight them. A US Copyright Lawyer protects you. A US copyright lawyer files a copyright, advises you and helps you get back what was once yours, and sue someone. If you are an American or someone currently living in the United States, you will be able to hire a US copyright lawyer; however, if you reside out of the States, you may have restrictions.

In the Internet world copyright issues are becoming a big thing and having a US Copyright lawyer behind you can help if you need to fight against someone stealing your work. Copyright lawyers must stay current in recent rulings dealing with copyright issues, which mean they know their job. Don't just stick with a lawyer you already had because you've used them before. They may have been great at your car accident or your divorce, but for copyright issues, you need a lawyer who deals with copyright laws. A US copyright attorney can also help you to retrieve money, even if you never filed the copyright until after it was stolen or online. This can get a bit tricky to prove, however if you have a good lawyer, this shouldn't be a problem.

A US copyright lawyer can help you copyright your work; it costs $20 to file a paper to get the copyright on your work. This does not mean there is a one time fee of $20 and all your work is safe. Y must do this with all your work. You are paying per piece. In the future if you need to sue someone for using your content, the violators can end up paying $35,000. A US copyright lawyer can help you with this if you live in the United States.

Your US copyright lawyer may have dealt with people stealing content, or maybe celebrity pictures. Recently a big name celebrity had her pictures leaked on the Internet. She sued the people who were spreading them, and it suddenly stopped. All those websites that had the pictures on them were asked politely to take them down since they were copyrighted. That's what a good US copyright lawyer will do; he/she will be able to prove their case because they know the law. They will have to show proof of when something was taken, said, or documented. In the case of pictures, she was able to show she had the proofs and she had no agreement for anyone to use them.

Copyright laws have been changing since 1976; however, copyright laws change as our technology advances. Lawyers and judges know our needs and are learning every day how to protect them and in order to do that laws are passed and the copyright laws are updated. Granted laws may be different in other countries but the chances are if it happens on US soil, the best representative would be a US copyright lawyer because they have been studying ever since law school. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com ]]> What Is International Copyright Law? http://www.artwoo.com/article/what-is-international-copyright-law http://www.artwoo.com/article/what-is-international-copyright-law#comments Sat, 11 Aug 2007 11:20:00 +0000 berne conventioncopyright lawintellectual property rightstaken into considerationinternational copyrightinternational conventionscopyright protection http://www.artwoo.com/article/what-is-international-copyright-law copyright law. Yes, that is right. There is not an law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection known as "foreign" works.

and treaties have done a lot to protect owners of copyrights around the world. With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the . Basically, the Berne Convention of 1886 involved European nations coming together to seek a uniform copyright law to keep their copyright owners from having to register for copyrights in individuals European countries. The United States signed on to the Berne Convention introduced made it into a U.S. law known as the Berne Implementation Act of 1988.

If you are seeking to have your work protected in a particular country, you need to find out what kind of protection foreign authors have in that country. Some countries offer little or no protection to foreign authors. The U.S. Copyright Office is not allowed to give authors recommendations or the names of attorneys or agents that could help them understand foreign copyright laws. However, with a little investigation it is not hard to find someone who is an expert on foreign copyright law. These individuals can help you learn more about and how your work is deemed in a foreign country.

Someone who works in international copyright law will tell you that it is different than most other sectors of law. It involves knowing the copyright law of two or more countries. Every country has their own way of granting and protecting someone's copyright. The individual criteria of each country must be when you are dealing with international copyright law. Some countries do not have any and some countries even grant more copyright protections than the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty. If you are interested in pursuing a degree in law, you may want to explore the international copyright law sector. With the world becoming one big neighborhood, you will probably not lack work.

People with copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true the United States has signed treaties with some nations, your work will not be protected in every country of the world. As stated, the United States is a member of the Berne Treaty. In addition, the United States is a member of the WIPO Copyright Treaty. This treaty works in conjunction with the Berne Treaty, yet it also covers and gives protection to databases and computer programs. If you would like more information on international copyright law, you should check with an attorney who specializes in international copyright law. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. ]]> 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. ]]> Public Domain Works - What Is It? http://www.artwoo.com/article/public-domain-works-what-is-it http://www.artwoo.com/article/public-domain-works-what-is-it#comments Mon, 02 Jul 2007 11:24:58 +0000 public domaincopyright lawsseveral factorsgovernments workstart a businesswill vary dependingcopyright office http://www.artwoo.com/article/public-domain-works-what-is-it public domain being used as new products by entrepreneurs today. This is a great way to , or to improve the overall bottom line of an existing business.

Work that is in the public domain includes any work for which the copyright has expired, and not been renewed, any work that was published prior to 1923, works produced by the United States Government, and other specific Governments, Work that is donated to the public domain, or any other work that has no laws that restrict its use by the public.

The work itself may be in the form of a book, an article, a song, a film, a photograph, a painting, or even an invention. These works that are not covered by , or are no longer covered by copyright laws, are free for the public to use as they see fit.

This does not mean that if a work is freely obtained it is in the public domain. In other words, if you saw it on a website, for free, that doesn't mean that it is okay for you to use it. In fact, most things that are written down, in any form, are automatically copyrighted.

Public domain refers to work in which the copyright has run its course. According to the of the United States:

"The term of copyright for a particular work depends on , including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term on several factors."

Public domain also refers to work that was meant for the public domain, such as work that is donated, as well as work that never had a copyright, which would be work that was created prior to 1923, or work that was not copyrightable material.

These materials are free for the public to use, in any manner that they choose. You can use bits and pieces of a public domain work, or the entire work itself. You can create new work from the bits and pieces, or sell an entire work =96 as you see fit. Don Schonberg has 30+ years of tech experience in the corporate world of Info Technology. Now retired, he markets on the net and is an eBay Power Seller. Sign up for his free Power Sellers ecourse at http://www.bestauctionaffiliates.com and visit his blog, Internet Marketing Made Simple,at http://www.donschonberg.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. ]]> LLC And Incorporating Laws http://www.artwoo.com/article/llc-and-incorporating-laws http://www.artwoo.com/article/llc-and-incorporating-laws#comments Tue, 05 Jun 2007 14:24:51 +0000 become incorporatedbusiness lawssecretary of the statebusiness attorneybecoming incorporateddoing businessstate laws http://www.artwoo.com/article/llc-and-incorporating-laws becoming incorporated, or a LLC, you are probably wondering about the laws, and how they might effect you and your company. First of all, the laws are all different, for each and every state. Whichever state you decide that you want to do business in, that would be the that you would consult and follow. Because all states are different, and all of them have their own laws in place, it would be difficult to try and list them.

Where can you find the laws for incorporating and becoming a LLC in your state? Finding the laws that you need to know so that you can make your business a legal one will be easy. A that is licensed in the state you are inquiring about should be able to tell you all about the that you want to know. They can also tell you all of the requirements that you need to or an LLC as well in that particular state.

While an attorney is able to answer all of your question about the incorporating and LLC laws in your state, you can also find them online, and you will not have to pay for the attorney. You can also file to become incorporated or a LLC online as well. By going to the website for the state you are out of, you will find everything that you need. Also, be sure to check and see if the business you are wanting to use is taken or not. To do that you would simply search on the website to see if someone else has all ready taken it.

Because all LLC and incorporating laws very from state to state, you will have to check with the laws for your particular state. Be sure that you read the fine print and follow the guidelines as well. Find out more about LLC and Incorporating Laws at http://www.llc-explained.com ]]> 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 ]]> Plagiarizing Can Be A Death Sentence For Writers http://www.artwoo.com/article/plagiarizing-can-be-a-death-sentence-for-writers http://www.artwoo.com/article/plagiarizing-can-be-a-death-sentence-for-writers#comments Sun, 22 Jul 2007 15:34:59 +0000 law plagiarismabraham lincolnmany people thinkplagiarizecopyright lawcopyright lawsacademic world http://www.artwoo.com/article/plagiarizing-can-be-a-death-sentence-for-writers Copyright Laws against plagiarism protect copyright holders from having their works d. it is ironic that the word plagiarism derives from "kidnapper" in Latin. However, it is true. If a person uses another person's words without permission, they have stolen or kidnapped something owned by another, and violates U.S. . Plagiarism is a very bad word in the writing world. Crediting the author of the work will not keep someone immune from violating copyright law. Plagiarism is plagiarism, even if the author is cited and credited.

One of the most common areas in which plagiarism is violated is in the . Many students will copy and paste the information they need for their research papers and essays straight off the Internet and turn it in to their professors. However, this type of cheating is easily detected now with special programs that professors can use. Plagiarism is unethical, not only in the writing world, but in the academic world, as well.

Did you know that you could plagiarize a work but not violate the copyright protection? Let's say you are using 's exact words in a paper and you did not cite him as the source. Lincoln's words aren't copyrighted because they are in the public domain. But, you did plagiarize because you tried to pass off his words as your own.

Alternatively, if you use a picture in a book and you did not gain permission to use the book, you have violated copyright law because you did not source the artist and you did not get permission from the artist to use the picture.

If you are in school, the best way you can get around committing plagiarism is to simply list your sources. If you use someone's word, list it in an endnote or in a footnote. List the resource in the bibliography. Another way around copyright law and plagiarism violations is to take notes when you are reading. Take notes in your own words and not verbatim from the source. Write your paper from your own words.

No one wants to be singled out for plagiarism, especially a student who is concerned about their reputation at school and writers who need to keep their credibility in good standing. With today's technological advances, it is not too hard to pinpoint plagiarized work. Even webmasters who run websites are on to the plagiarism crowd. They can run their entire sites through a special program to see if their content has been stolen and duplicated elsewhere on the Internet.

If you are dealing with the written word, either academically or as a profession, it is a good idea that you only use your own words. It was probably easier to get away with plagiarism 100 years ago, but it is not that easy today. The chances are very high that if you are caught plagiarizing and breaking copyright laws, you will be caught. Not only is it embarrassing, but it can cost you a bundle in 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. ]]> 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. ]]> 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. ]]> What Is Music Copyright Law? http://www.artwoo.com/article/what-is-music-copyright-law http://www.artwoo.com/article/what-is-music-copyright-law#comments Fri, 10 Aug 2007 10:25:01 +0000 music copyright lawmusic recordingsmusic copyrightingmusic copyrightsmusic compositionemaildownloading music http://www.artwoo.com/article/what-is-music-copyright-law music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple that you must keep in mind =96 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 practices usually entail that the writer of the song retains the rights to the right to the 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 copyright laws by on the Internet. Music files are under the same copyright law as 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. 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 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, 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! Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. ]]> New Bankruptcy Laws http://www.artwoo.com/article/new-bankruptcy-laws http://www.artwoo.com/article/new-bankruptcy-laws#comments Fri, 27 Apr 2007 10:35:00 +0000 new bankruptcy lawsfiling bankruptcybankruptcy attorneybankruptcy protectionmost accurate informationcreditorsattorneys http://www.artwoo.com/article/new-bankruptcy-laws New bankruptcy laws are always being proposed in order to protect both people and . Most proposals usually die in committee before ever being voted on by the full congress. Recently however, there have been some new laws that have sided with the creditors.



Understanding new bankruptcy laws is something that the average person might not be able to do. For the best and available, a should be sought out. They have the most accurate knowledge of current laws and a great understanding of laws being considered.



Most people cannot even begin to understand all of the new bankruptcy laws because they are extremely complicated. It's really amazing that the can keep up with all of it. As the laws change, they become more and more complicated. Part of the problem is that many who make the laws are attorneys themselves.



They try to enact new laws without any loopholes. The new laws become so confusing because of the verbiage used to prevent individuals from taking advantage of bankruptcy laws. There are many sources available to people on the internet that try to make the law easier to understand. The only problem with this is that the information provided on the internet might not be completely correct.

New Bankruptcy Laws and The Public

Lately there have been new bankruptcy laws that have been passed to protect creditors from being taken advantage of. There is now more of a burden being placed on the people who are . No longer can people file bankruptcy as a convenient way out of not paying ones bills.



The new bankruptcy laws make it more difficult to cheat the system. There will always be people who need the coverage that bankruptcy delivers. When bankruptcy is needed for people in trouble, nothing has changed to make it harder. With that being said, people must show the need for bankruptcy by opening up for review the people's finances.



If people are in real need of then there is nothing to worry about. What this does is slow down or stop others who might otherwise try to take advantage of their situation. Lastly, if people begin to think that they are heading towards bankruptcy, they should contact there attorney to see what can be done without filing. The attorney can determine if the people can avert bankruptcy or not. Andy Manifield is the owner of http://on-bankruptcy.com, THE best source of information on Bankruptcy and how to get through such a difficult time. ]]> 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. ]]> The Simple Facts About Plagiarism http://www.artwoo.com/article/the-simple-facts-about-plagiarism http://www.artwoo.com/article/the-simple-facts-about-plagiarism#comments Sat, 01 Dec 2007 14:35:00 +0000 law plagiarismabraham lincolnplagiarizecopyright lawacademic worldprofessorsgain permission http://www.artwoo.com/article/the-simple-facts-about-plagiarism Copyright Laws protect copyright holders from having their works d. The word plagiarism is derived from the word "kidnapper" in Latin. If a person uses another person's words without permission, they have stolen or kidnapped something owned by somebody else. This violates copyright law. Plagiarism is a menacing word in the writing world. Crediting the author of the work will not keep someone immune from violating copyright law. Plagiarism is plagiarism.

The is one of the most common areas which violates plagiarism. Many students will copy and paste information they need for their research papers and essays straight off the Internet and turn it in to their . However, these days professors can use special programs to detect this type of cheating. Plagiarism is unethical, not only in the writing world, but in the academic world, as well.

You could plagiarize a work but not violate the copyright. Let's say you are using 's exact words in a paper and you did not cite him as the source or give him credit. Well, Lincoln's words aren't copyrighted because they are in the public domain. But, you did plagiarize because you tried to pass off his words as your own.

Alternatively, if you use a picture in a book and you did not to use the book, you have violated copyright law because you did not source the artist and you did not get permission from the artist to use the picture.

If you are in school, the best way to avoid plagiarism is to list your sources. If you use someone's word, list it in an endnote or in a footnote. List the resource in the bibliography. Another way to avoid plagiarism is to take notes when you are reading. Take notes in your own words; and write your paper from your own words.

No one wants to be singled out for plagiarism, especially a student who is concerned about his or her reputation at school, and writers who need to keep their credibility in good standing. With today's technological advances, it is not too hard to pinpoint plagiarized work. Even webmasters who run websites actively check their content for plagiarized material. They can run their entire sites through a special program to see if their content has been stolen and duplicated elsewhere on the Internet.

If you are writer, either academically or as a profession, it is a good idea that you only use your own words. It was probably easier to get away with plagiarism 20 years ago, but it is not that easy today. The chances are high that if you are plagiarizing, you will be caught. Not only is it embarrassing, but it can cost you a bundle in a lawsuit.

When you hear about people caught of plagiarism, many different things can happen to them. First of all, plagiarism can be both a civil and criminal crime, so people caught of plagiarism 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 plagiarism, it's likely they will get repercussions from far and wide. 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. ]]> Understanding International Copyright Laws For Software Programmers http://www.artwoo.com/article/understanding-international-copyright-laws-for-software-programmers http://www.artwoo.com/article/understanding-international-copyright-laws-for-software-programmers#comments Wed, 01 Aug 2007 17:34:59 +0000 software copyrightworld trade organizationinternational softwareintellectual property rightsamerican governmentnew computerspatent http://www.artwoo.com/article/understanding-international-copyright-laws-for-software-programmers software copyright? According to agreements by the (WTO) and the Trade-Related Aspects of (TRIP), any software written has an automatic copyright. This is a conclusive consensus as far as an international copyright goes.

An copyright should not, however, be confused with a . Copyrights provide creators with the ability to prevent others from directly copying the software code. A patent can actually limit the use of the software. Because of this, patents are a hotly debated topic when it comes to software.

The biggest thing to know about international software copyright is that your code is essentially protected the moment you create it. This is, unless you have some kind of contract through your employer that all code you create belongs to them.

The problem many companies face to enforce software copyright is that computers are not permanent fixtures in a company. Computers are disposable hardware. Because technology keeps evolving, software needs to be updated when are purchased. Rather than purchasing new copies of software when the computers are replaced, companies are notorious for reusing old copies of the software. They are also famous for replacing 10 computers with the software installed with 40 new computers and installing the 10 copies of the software on all 40 computers. This is breaking software copyright.

There are no major differences between traditional policies for American copyright and international software copyright which make legal issues, troubles, and woes that much easier to deal with. By having a unified international front there are ramifications and legal actions that can be taken around the world without going through a great deal of international red tape. If you think dealing with the is bad, you should see how much fun it is to deal with the American government and another government for a legal action.

The agreement between nations for international software copyright is probably one of the soundest possible decisions that can be made as military secrets of all governments have some degree of software to keep them operating. While it isn't quite as simplistic as stealing a computer program to unlock the defense secrets of a nation, having access to certain source codes could be problematic in the absolute best-case scenario. Keeping secrets isn't the only thing that makes this agreement so valuable, it is however, one of the most vital.

Perhaps one of the greatest things to protect and honor software copyright is the peace of mind that is available to software developers in America and other technologically advanced countries. Their source code won't be allowed to be stolen and used against them at a later date by someone in a developing nation with cheap labor and other overhead costs that American corporations simply cannot compete with. This could be devastating to the economies of technological societies if it were allowed to happen. The agreement for an international software copyright prevents that from being allowed to occur. 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. ]]>