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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.
Got an Offer? How to Evaluate the Company to Ensure It’s the Right Move Being offered a new job is always a great feeling. No matter what type of job it is, the fact that the employer wants you is very satisfying. The inclination to put in your two-week notice and start packing up your desk can be exhilarating. However, be sure that you know what you are getting into before you plunge into a new job. The terms of a job offer should be written out in black and white, literally. Whenever a company offers a job to someone, there should be literature about the position to read. When the offer is made, be sure to spend some time reading over the literature and finding out exactly what the terms and conditions of the job are. Salary, benefits and the terms of employment should all be very clear before you accept the offer. Be sure that you read the fine print. This is especially true from sales jobs. That advertised rate of pay might be what you make with commission. Without the commission you may not have a salary at all. This could be a major issue if your sales do not go well. Salary is one of the most important things to find out about before you take a job. Make sure that what they are offering as base pay is enough for you to live comfortably on. Bonuses can sound really great when employers discuss them with you. However, what you have to do to earn the bonuses may be very difficult. Thus making the bonuses obsolete the majority of the time. Restaurant management is a career path where many times your bonuses are based on the success of your particular restaurant. Not you yourself. That means that when the restaurant is not doing well, there will be no bonuses. The hours you will be working is another issue you will want to tackle before you take the job. Find out exactly what you are expected to work. This could be tricky with salaried positions. Find out what the average amount of hours is that employees spend on the job. Will there be travel? Many jobs post this in their advertisements but others are not so forthcoming with this information. Living out of a suitcase can be ideal for some but if you are not looking forward to having a relationship with your spouse strictly through cell phones and e-mails, you better inquire. If you are not open to travel be sure to find out if travel could be included in your position. The environment at the office could be hard to gauge. However, if you go to an interview and are not greeted in the lobby or see a few scowling employees, chances are, the office environment is a bit hostile. This is a major thing to consider when taking a job. Is the management hiring new personnel in order to replace the existing personnel? If they are, why does the existing personnel need to be replaced? Try to feel out the environment of the office when you are waiting for your interviews to take place. What will your job entail? Will there be times that you are expected to do things that go against your better judgment? Will you be surrounded by a corporate mentality that is concerned only with numbers? Are you going to be able to put your reservations aside and carry out the job that needs to be done? If a job offer is made immediately, you may want to be leery of this position. Try to find out about the turnover rate of this position. There may be a reason why the employer is so ready to offer you the job. Keeping your Career Intact During Maternity Leave Since, for the most part, maternity leave in this country is not paid, the reality of returning to work after having a baby comes much sooner than it does in most countries. No one wants to return to absolute chaos after they have the baby. Cut down on the stress of going back to work by being prepared. The length of your maternity leave can determine the amount of stress you return to. If you are willing and able it is a good idea to work as long as possible. Of course, everyone is not willing and able. For those that need a longer leave, they should put some plans in place to make the transition back to work smoother. How long you are on maternity leave varies. However, if you plan on returning after you have the baby, you do not want to return to a totally chaotic situation. That means that you want to have the needs of your career in tact before you take your maternity leave. Nothing should interfere with your new addition to the family. While you are bonding and spending time with your newborn you do not want the stress of the office hanging over your head. Lay the ground work so that you do not have to worry about the office while you are away. If you are the boss, you have a lot more stress to manage. It is important that you leave a responsible and capable person in charge of things in your absence. Start training that person to deal with the aspects of your job that they will have to handle as soon as you know you are pregnant. Nothing is more annoying than getting “How do I…” phone calls when you are on maternity leave. If your job is massive, split the responsibilities between two employees. You do not want to split up the tasks among too many people because this can lead to confusion. Two should be the maximum. Be sure to leave things in order. If you are not the most organized person, get that way when you find out you are pregnant. While you are on maternity leave anyone should be able to walk into your office and find what they are looking for in a very short amount of time. If things are messy there is more of a chance for things to go wrong. If you are one of those women that needs to have an extended maternity leave because of pregnancy complications, don’t fret. Enjoy your time offer and relax but also, if you can, try to stay on top of what is happening in your career field. Take an online class and brush up on skills. If you are not sure you want to return to your 9-5, research a new career. The Internet has made working from home a very real and popular option. Search for a job that will allow you to stay at home but also bring in some income. Some jobs, such as Computer Programming, can fetch a pretty penny. Do some research and find out what will suit you best. Work part time until you are ready to have the baby. While some women are eager to take their maternity leave, others are not so excited about it. If that is the case, talk to your employer about working part time until you are due. Some women work until they go into labor. There is no need to do that if you are uncomfortable but if you are having an uneventful pregnancy and love your job, why not? |