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Copyright law
Understanding Copyright Law
Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions.
Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works.
Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person.
Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement.
Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death.
The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain.
Conducting a Self-Evaluation After Getting Fired Sometimes life is hard and when you get fired, it gets even harder. In a country where employee turnover is high and there are no laws to protect you at your work place, potentially anybody is at risk to be fired. In general, that is true, but companies usually only fire a person that has done his or her job improperly, or is not qualified for his or her job any more. Therefore after you get fired, it is time that you conduct a self-evaluation. First of all, you need to make sure you know the reason why you have been fired. Do not just assume, you know why you have been fired. Make sure that your employer tells you the exact reasons why he has fired you. A self-evaluation as to whether the employer is right and whether you might have to work on yourself can only be done after you know why the company has told you to leave. If it was tardiness and absence of work that has gotten you fired, you need to be self critical enough to see that you need to be on time and be at work every day that you are not taking a vacation day. Keeping a job means playing by the rules and these rules do include times that you have to be a t work if you want to keep the job. When your boss told you, that you are not accomplishing your work or you are not qualified for the position, think back and try to find out why he might have said that. Did you deliver your work on time? Was it correct, mostly without any problems and errors? If that is not the case, then perhaps your boss was right and maybe you were not qualified enough to do the job. It might be that you need some more training or some more classes at the university to be able to do your job right. Or maybe you have just chosen a job that is not for you. When you are conducting that self-evaluation, make sure you are not too hypercritical. If it clearly was your fault that you got fired, you need to improve yourself and the personality traits that have led to the firing. Sometimes even though your boss gave you an explanation why you have been fired, you might not agree with the reason you have gotten fired from your company. Yes, sometimes these reasons might not be right. Since this is a society where anybody can get fired, maybe you have been fired because your boss did not like you and he made up some dubious reason for firing you. This is why you have to conduct a self-evaluation to make sure if what you were told is the truth. A self-evaluation might also lead you to the conclusion that you need to choose a different profession than the one you have been in. Maybe it took to get you fired to ser you in the right direction and at some point in your future you might actually thank that boss of yours that he had fired you. Otherwise you might have never found the job that you were destined for and would have been miserable doing the job you were doing. Unhappy employees are not good for a company and some bosses are good enough to realize that. Whatever the reason is that you got fired, make sure you find the reason and check with yourself how much truth lies within that reason and do you have to change to be a better employee and be able to keep your next job. 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. |