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Fair Use Copyright Law
Don’t Overstep the Fair Use Copyright Law
Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain.
When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright.
With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.
Tackling those Second and Third Interviews to Land that Job If you make it to a second or third interview, you are a serious candidate for the job. The key now is to narrow down the candidates. This moment is when you will determine if you get called with a job offer or receive a notice of rejection in the mail. Arm yourself with the proper tools and make an even bigger splash on the second and third interviews than you did at the first one. The first thing to remember when you are going into a second or third interview is what you said in the first interview. The interviewer will have notes from the first interview so you need to be ready to follow up on things you said initially. This is why it is important to be honest and realistic in the first interview. If you work hard to impress the interviewer and end up lying, you may not be able to recall they lies you told in the first interview. Eliminate this from being the case by telling the truth the first time around. Be armed with questions about the position and the company in generally. Search through information online about the company and get a feel for day-to-day operations. Type in the name of the company in Wikipedia and see what comes up. Many corporations are listed in this massive Internet encyclopedia and information about the company can be found there. Find out as much as you can about the company you are interviewing with. If you are interviewing with the same person the second or third time around, ask about their experience with the company. Questions like, “What is a typical day for you on the job?” or “How long have you been employed with the company?” can help to build a relationship with the interviewer. It also signals that you are comfortable with the interviewer. Not to mention, who does not like to talk about themselves? This is a great way to keep the interview moving on a positive note. Have plenty of questions about the position. Show that you have researched the job and are very confident that you are going to get it. The more inquiries you have about the position the more serious and interested you will seem. By the second or third interview, you will probably meet a number of different people. Shake hands firmly and look them in the eye when talking to them. If you are given a tour of the facilities, ask questions. Do not just let your tour guide point out areas without you taking an interest in them. Although it may seem like second and third interviews should be easier, do not let your guard down. Stay on your toes and be even more prepared than you were for the first interview. As the interview process moves on you will probably be meeting with the person that will be your direct boss or the director. Interviews with these figures may be much more difficult than the first interview which was probably with a human resource person. Be aware of this fact and have answers for those tough questions like, “What makes you the right candidate for this job?” Also be prepared for hypothetic situations that may take some spur of the moment problem solving. No matter what number interview you are on, there are some standard rules to follow. Take copies of your resume to your second and third interviews. Even though the interviewer may have a copy of your resume, you want to be armed with extras just in case there are other people in the department that would like copies. If you meet with different managers they may all ask for copies of your resume. Yes, they have copies, but they want to see if you are prepared. 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. |