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What is copyright infringement
What Is Copyright Infringement? The Layperson's Copyright Primer
Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you?re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you?re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact 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 Wikipedia.org, states: ?Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.?
So, what is copyright infringement in plain English? It means that 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 excerpt of written work for a nominal fee, or 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 strict liability crime or tort (a tort is a civil wrong ? not a criminal wrong). This means that 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 that 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 you fair research, and if you have any questions contact a copyright lawyer and ask ?what is copyright infringement? to learn the most up-to-date information for your jurisdiction.
Copyright Infringement Play It Safe: Making Sure You're Not Committing 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 Electronic Frontier Foundation, 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 are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use 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 Copyright Code (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 Power Point presentation, 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 public domain 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 copyright-able ? 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 obtaining copyright, by providing an affiliation with Creative Commons. 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 them 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!
Great Free Gift Idea ? How to Get Official Presidential Greetings for a Loved One Are you ready for the most official gift idea ever proposed? Do you know someone who enjoys collecting authentic autographs and memorabilia? Or perhaps you know someone who has a good sense of humor and enjoys a gag gift on those special occasions? If this is the case, you may be interested in a great free gift idea?procuring an official presidential greeting for a loved one. Here is the run-down on how you can get a hold of this awesome gift idea. Believe it or not, getting an official presidential greeting is easier than you might think. Did You Know that the White House Offers Free Greetings? It is true?the White house offers free greetings for those very special occasions. These free greetings are official and recognized by the White House and the Office of the President. However, you should know that there are numerous restrictions to procuring these free presidential greetings. Unfortunately, the White House is not currently able to fulfill all the requests for official presidential greetings at this time. However, if you are truly interested in landing a free and very official presidential greeting for a loved one, it is worth giving it a try. As the old saying goes, nothing ventured, nothing gained. How to Make Your Request for an Official Presidential Greeting How can you go about making an official request for an official presidential greeting? There are several ways you can request a presidential greeting directly from the White House. There are several ways to make your official request. There are three basic routes for requesting an official presidential greeting from the White House. You can make your official request for a presidential greeting through fax, by postal mail, or by filling out an online email form. Although no one method appears to be considerable more effective than any other, some successful recipients of an official presidential greeting swear that you are more likely to receive a response if you put in your official request through postal mail or fax. However, this may just be a hunch, because it seems that it may seem harder to ignore a written request rather than a virtual email request. As with anything important, you will want to make your request for an official presidential greeting way ahead of time. For instance, if you want to request an official presidential wedding greeting, you will want to make your request well ahead of time. What Kind of Official Presidential Greetings is You Allowed to Request? Although there is no set guideline about what kind of greetings you can request, there are many standard issue presidential greetings. These include birthday greetings, 50th wedding anniversary and higher, births, Bar Mitzvahs, Bat Mitzvahs, weddings, scouting awards and others. Official Guidelines for Requesting Your Greetings For the official guidelines on how to request official presidential greetings from the White House, check out the official White House website. There you will find the official guidelines on how to request greetings from the White House, as well as how to extend an official invitation to the White House. In general, here are some things to keep in mind. The White House will only send out official greetings to U.S. citizens. You must provide the following information: name of the honoree, address of the honoree, form of address, date of birth, birthday, wedding or anniversary, and the requestor's name and daytime phone number. Be aware that the numbers of requests you can make are limited on a per day basis. Requests for multiple institutional requests must be make by fax or mail on official letterhead. When can you expect your official presidential greeting? In general, greetings will be mailed in approximately 14 days prior to the event that is being recognized by the greeting.