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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!
The "Catch" to Some of these Freebie Sites Remember that old saying, "There's no such thing as a free lunch?" Well, it's not true—there are plenty of freebies out there. However, there are some things you should know about if you are going to go after these freebies. The World Wide Web is awash with web sites that like to offer visitors with loads of tempting freebies. But although many of these are legitimate offers, there are some things you should know about these freebie sites. Here are some things to know about these freebie sites. Getting Things for Free—A Caveat Here is the basic caveat when it comes to these freebie offers—there is usually something you will have to endure in order to get your freebie. Although you may not have to make any sort of financial contribution or monetary expense, you will have to pay in some small non-monetary way. Here is a quick rundown of various kinds of 'catches' that you may come across as you seek out the best of the web's freebies. Watching Ads Before You Get to the Good Stuff One of the most common techniques that websites will use before you can get access to their freebies is to force you to watch ads. There are many different versions of this method. Many sites that promote freebies will support their site through advertisements. Most advertisements show up as pop-up or banner ads. Some websites also use video websites. With the ubiquity of high speed Internet, video ads have lately become the preferred method of advertisement on many websites. The less subtle of these ads are the pop-up and banner ads. Pop-up ads are often quite obtrusive and they can interrupt your enjoyment of the website. You might want to avoid ad-based freebie sites at work, as these can often interfere with your screen. Many popular freebie websites also offer ad-free versions of their content. This may be something to consider if you really find the website's content valuable. Be Wary of Automatic E-mail Sign-Ups Many freebie websites will sign you up automatically for their email newsletters. The worst-case scenario is when the website allows its partners to bombard you with email ads. What is the best way to avoid getting on an unwanted email list? Read the fine print, and whenever you get the option, uncheck the opt-in box at the very bottom of the page. Take Care of Your Privacy Many sites that offer freebies make money by selling the personal information that they gain from their web traffic. In order to avoid having your personal information being sold, you should avoid giving your personal information to websites that can't provide you with an upfront privacy policy. You should also look for the TRUSTe seal that ensures your personal information is kept secure and private. Also, never provide more information than you need to provide. Avoid Large Downloads Whenever Possible Another thing you should watch out for are large downloads. Although there are many legitimate large downloads out there, you should avoid sites that don't tell you exactly what you are downloading, how long the download will take, and how big the file size is. Watch Out for Disappearing Websites If there is one thing to know about freebie websites is that they are often 'here today, gone tomorrow' type enterprises. Many freebie websites simply don't survive for very long. You should think hard before committing to a website that offers free services that you will have to depend on. The last thing you want is to depend on a website's services, and then have those services disappear or suspended. Web Hosting - Why Backups Are Essential One thing most web site owners have little time for is... anything! Anything other than focusing on their site content and the business or service it supports and the information it provides, that is. That means that administration often suffers, as it frequently must. There's only so much time in the day. But the one thing that you should never let slide are backups. They are like insurance. You rarely need it (you hope), but when you do you need it very badly. Performing regular backups - and testing them - doesn't have to be a nightmare. A little bit of forethought and effort and they can be automated to a high degree. And, they should be tested from time to time. Even when a backup appears to have gone without a hitch, the only way to know whether it's of any value is to attempt to restore the information. If it can't be restored, the backup is worthless. Even when the web hosting company provides the service, there is still some planning involved for the site owner. Hosting companies often rely on one or both of two methods. They backup everything (called a full backup), then backup anything which has changed since the last full backup (called an incremental backup). Of special interest are any configuration files that have been tailored. If you've modified the default installation of a software package, you want to be able to recapture or reproduce those changes without starting from scratch. Network configuration files, modifications to basic HTML files, CSS style sheets and others fall into the same category. If you have XML files, databases, spreadsheets or other files that carry product or subscriber information - about items purchased, for example, or people who signed up for a newsletter - those should get special attention, too. That's the lifeblood of your business or service. Lose them and you must start over. That can break your site permanently. It should go without saying that all HTML and related web site files that comprise visible pages should be backed up regularly. It isn't necessary to record every trivial change, but you can tailor backup software to exclude files or folders. Usually they're so small it isn't worth the trouble. But in some cases those small changes can add up in scenarios where there are many thousands of them. Here again, the backups are worthless if they can't be used. Even if the hosting company charges for doing so, it's worthwhile to test once or twice a year at least to ensure the data can be restored. That's especially true of database backups, which often involve special software and routines. Database files have a special structure and the information is related in certain ways that require backups be done differently. Developing a backup strategy can be straightforward. Start simply and review your plan from time to time, modifying it as your site changes and grows. But don't neglect the subject entirely. The day will come when a hard drive fails, or you get hacked or attacked by a virus, or you accidentally delete something important. When that day comes, the few minutes or hours you spent developing and executing a backup plan will have saved you days or weeks of effort. |