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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.

Understand Group Publishing (group publishing) When you want to have one your books published, you will work hard to get your book finished and then you will seek out a publisher. Sometimes it is very hard to find the right publisher, but the good news is that there are several different types of publishers that you can use to get your works on the market. Large companies are not your only option. The world of publishing difficult to break into and if you get an acceptance letter--that is only the start. There are many types of publishing companies out there and they all have a different way of publishing their products. Here is a look at some of the more common types of publishing including group publishing. Group Publishing: Group publishing is the process in which a large company publishes your work in the name of a larger company. For example, there are big name publishing companies out there. They operate smaller group publishing companies. The larger publishing company serves as a kind of umbrella over the smaller group publishing companies. Sometimes these companies operate several smaller companies that produce different genres of writing and books. This is also sometimes called trade publishing. For example, a large publishing group may produce best selling adult novels, but may also operate under a smaller name to produce certain non-fiction books, cookbooks or children’s books. Group publishing is a popular way to publish a book. Educational Publishing: Besides trade publishing, there is also educational publishing. These are companies that deal specifically with educational material. They may deal with only college textbooks, or they might deal with textbooks and materials for grades K-12. Besides textbooks, these companies might also produce other forms of educational material, which include posters, workbooks, CD-ROMS, software, testing material and maps. There are several big name educational publishing companies. University publishing—University Press: This type of publishing is not like group publishing and it is not the same as scholarly publishing. These types of companies are usually non-profit and are run by universities, colleges and even sometimes museums or other organization. These usually publish books by scholars and other specialists and they usually are used within the university system. Sometimes these books do get published by a larger trade publish; however, they do not market these types of books. Independent publisher: Independent publishers are often the best way to get your book published if you cannot find a publisher to produce your book. These are generally smaller companies that are privately owned. Many times, these companies only publish a handful of books each year and they usually are about certain subjects. They have the freedom to publish just about anything they wish. Software and other Media: You might not consider software and other types of media as being a publisher, but they are. Think of all the e-books, CD-ROMs and even books on tape that are on the market. These have to be published, too. These types of companies are often associated with larger trade publishers. In fact, many large publishing companies have their very own media publisher in house to take care of this type of publishing. It is a very large business and these types of publishers are just as important and lucrative as the large trade publishers. As you can see, there is a whole world of publishers out there waiting to get your book or other media published. If you do not have luck with a large trade publisher or group publisher, then don’t give up. Keep looking and the different types of companies out there until you find one that wants to work with you and your book.

Copyright music expiration For Many Copyright Music Expiration is a Luxury for Worry If you copyright music, expiration isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it being played. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you. This rule about copyright music expiration was first put into place so that the families and heirs of an author could still earn royalties even after his or her death. Ultimately this means that if you've taken the steps to copyright your music and have registered the copyright then your music will be protected throughout your lifetime until 70 years after you or the last surviving author (assuming a collaboration) are no longer living. Copyright music expiration is not something you should make a primary concern unless you are having issues of someone respecting and/or honoring your copyright at the moment. You should take comfort in the fact that as long as you are alive you are the only one who can assign your copyright to another person and as long as you haven't given up your ownership of the music it still belongs to you. This is different however if your copyrighted music was work made for hire. If that is the case then you cannot have ownership of the music, as it never legally belonged to you no matter what form it was in when it changed hands. Works made for hire have different copyright music expiration than those that were owned by the creator. With works made for hire, the copyrights are in effect for 95 years from the original publication date or for 120 years from the creation of the work whichever of the two is shorter. For most beginning musician’s copyright music expiration date isn't as important as getting that first gig or earning that first dollar as a result of the music he or she writes and/or plays. It's about art for many and about survival for others. The latter are quite often the ones that are taken advantage of. These are the authors who don't protect themselves as they should and end up failing to register their music because the idea of buying food seemed more pertinent to survival at the moment. This is often the case, particularly among street musicians and it's something that was becoming a growing problem immediately after hurricane Katrina devastated New Orleans taking with it many of the homes of starving musicians along with many pieces of music that will never become copyright music, expiration or not, those works are gone forever except in the mind of their creators. who could barely scrape together the money to pay $100 a month for a hovel they shared with 6 or 7 other people in order to keep expenses down and avoid living on the streets. The building not only of homes for those musicians displaced as a result of Katrina's devastation is wonderful but even more than that is the fact that there are organizations that are dedicated to creating a community for these musicians so that maybe many of the struggling artists won't be taken advantage of or have to face the decision to register their music in order to protect and copyright music expiration for their future heirs or to risk loosing their claim over the music they wrote in order to eat or pay the rent or buy groceries.