Welcome to www.msunderestimated.com
|
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!
International Copyright Law Surprise! There Is No International Copyright Law Many people are surprised to learn that there is no international copyright law. Yes, that is right. There is not an international copyright 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 to what is deemed as “foreign” works. International conventions and treaties have done much 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 Berne Convention. 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 not protection to foreign authors. It should be noted that 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 copyright protection 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 taken into consideration when you are dealing with international copyright law. It is important to note that some countries do not have any intellectual property rights and some countries even grant more copyright protections than even the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty listed above. 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 for work. People that have copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true that 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. Learning How to Become a Writer in Three Steps (how to become a writer) Becoming a writer is hardly a simple feat. To become a writer a person must practice and work hard to become a writer. It can be said that many writers are writers, but few of them know how to become a writer. The label “writer” is just simply a label, it is all the hard work and determination of reaching that status that truly gives the writer that name, and makes them worthy of the title. There are three simple steps that any writing can take that will give the title of “writer,” while making them worthy of it. The first step to becoming a writer is to claim yourself as a writer. Many writers believe that they cannot be known as writers until they are published, but this is not true. Anyone who thinks of themselves as a writer, and writes on regular basis should title themselves as a writer. Many unpublished writers have the habit of saying they want to write, or saying that they write, instead of saying “I’m a writer. When learning how to become a writer, it is necessary for writers to realize that you don’t have to be published to be known as a writer. Although, it may seem ideal for introductions and make it easier for other to see you as a writer, being published does not make one a writer. Writers should see themselves as people who write, and not as people who write for a living. For most writers, being published is validation of their status as a writer and even a path to success, but there are many published writers who are not very successful, famous, or rich. However, being published is a great way to show your work to an audience, and gain recognition, no matter how big or small. On the path to becoming writing there are many who lose sight of the fact that they don’t stop writing once they are published, so it is not wise to only write to be published. There are many ways to claim yourself as a writer, and in this step to learning how to become a writer there are smaller steps that help you proclaim yourself as a writer. First, say the words aloud to yourself, and repeat them as many times as possible until they are believable to you and others around you. Next, find a specific place for your writing, which can be a room, section of a room, or a studio. It is also important to make the “writing space” as comfortable as possible, and to make it viable to your writing needs. Then, it is important to get the proper writing tools, such as pens, pencils, notebooks, and a computer that is used specifically for your writing. Aspiring writers can also find lessons on how to become a writer in style books, which should be kept as a writing tool also. It is also helpful to befriend other writers, and read their work and others as a writer and discuss passages of books or chapters with other writers. The second step to becoming a writer is to make time to write. When learning how to become a writer, novices will always be advised to make time for their writing. Many aspiring writers usually mess up on this step, and although they want to be writers they slack on how much they write, so many writers are left with unfinished works. It is important to set aside a particular time or day for writing and to stick to that schedule, because deviance from a writing schedule usually means unfinished work. The final step to becoming a writer is by far the simplest. To become a writer it is imperative that you write. Writing is the simplest step to becoming a writer and the most important step. When learning how to become a writer, you must take some time out and write. |