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Music copyright infringement How Does Music Copyright Infringement Affect Me? Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States. 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.” We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago. However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed. Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts. While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’ It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control. A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security. As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned.

Copyright Law Act The Copyright Law Act of 1976 The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909. The Copyright Law Act of 1976 defines “works of authorship” to include all of the following: * Musical works * Literary works * Dramatic works * Pictorial, sculptural and graphics * Motion Pictures and Audiovisuals * Sound Recordings * Choreographic Works and Pantomimes * An eighth work which falls under “architectural works” was later added in 1990. What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work.

International Software Copyright International Software Agreement is a Matter of National Security Is there one governing law concerning international software copyright? According to agreements by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIP) any software written has an automatic copyright. This is a pretty conclusive consensus as far as an international copyright goes. The short answer would have been yes, but this was so much more informative. An international software copyright should not however be confused with a patent. Copyrights provide creators with the ability to prevent others from directly copying the code involved. A patent can actually limit the use of the software. Because of this, I'm sure you'll understand that patents are a hotly debated topic when it comes to software. The biggest thing to know about international software copyright is that your code is essentially protected the moment you create it. This is, unless you have some kind of contract through your employer that all code created by your belongs to them (these cases have been known to happen and provide excellent incentives for employees to always read the fine print). The problem that many companies are running into when it comes to enforcing international software copyright is that computers are not permanent fixtures in a company. Computers are rather disposable hardware when it comes to keeping up with evolving technologies and software needs to be updated when new computers are purchased. Rather than purchasing new copies of software when the computers are replaced companies are notorious for reusing old copies of the software. They are also famous for replacing 10 computers with the software installed with 40 new computers and installing the 10 copies of the software on all 40 computers. This is not in keeping with international software copyright. This is stealing and you'd be surprised at some of the good upstanding companies that do this on a regular basis. There really are no major differences between traditional policies for American copyright and international software copyright which makes legal issues, troubles, and woes that much easier to deal with. By having a unified international front thee are ramifications and legal actions that can be taken around the world without going through a great deal of international red tape. If you think dealing with the American government is bad, you should see how much fun it is to deal with the American government and another government for a legal action. The agreement between nations for international software copyright is probably one of the soundest possible decisions that can be made as military secrets of all governments have some degree of software in order to keep them operating. While it isn't quite as simplistic as stealing a computer program to unlock the defense secrets of a nation, having access to certain source codes could be problematic in the absolute best-case scenario. Keeping secrets isn't the only thing that makes this agreement so valuable, it is however, one of the most vital. Perhaps one of the greatest things to come about as the result of the international agreement to protect and honor software copyright is the peace of mind that is available to software developers in America and other technologically advanced countries that their source code won't be allowed to be stolen and used against them at a later date by someone in a developing nation with cheap labor and other overhead costs that American corporations simply cannot compete with. This could be devastating to the economies of technological societies if it were allowed to happen and the agreement for an international software copyright prevents that from being allowed to occur.