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Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!

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 lawyer complaints Complaints, Copyright Lawyer Complaints and Clients There are many copyright lawyer complaints, from both the lawyer and clients, but here is a list of what are the most popular. That’s right clients aren’t the only one that can have a complaint, even lawyers get them. Imagine working in an office all day representing people. You have to deal with the worse crowd some days, other days are a piece of cake, but it is the person that comes in demanding that you get them what they want right then and there. This person gets mad once the lawyer explains the process and ends up storming out of the office. Now the lawyer is left, angry and without pay. Wouldn’t this fall under a copyright lawyer complaints? As a client you have the choice of picking another lawyer; however a lawyer doesn’t have this option. They need you in order for them to get paid; they aren’t going to turn you down just because you are a bit obnoxious. Another copyright lawyer complaint may also be towards the clients, lawyers hate to work a case that others have already tried…or worse one that the client has tried himself without legal representation. To avoid this, hire a lawyer before you go to court. Don’t think you are an expert in the field just because you read a few articles or have seen a few cases on copyrighting on the television. One of the biggest copyright lawyer complaints is that the client didn’t know that the lawyer was going to charge something. This is one reason you should find out before agreeing to anything what it is you, as a client, will be paying. You don’t want to find out after the trial that you owe a huge amount of money to a lawyer that you don’t have the cash for. A copyright lawyer complaint may be that their client doesn’t have the proof they need for a case. This can be easily solved by the client if they took the proper precautions, however chances are they didn’t or they wouldn’t be needing a lawyer. Try keeping all your work in a safe place with dates stamped on them to prove when they were created. This doesn’t guarantee you that you will win a case but it can help your lawyer. Last, you, as the client didn’t know much about your copyright lawyer, complaints were filed against him in the past but you had no knowledge of them. Maybe he just lost your case because he gets angry at the drop of a hat and just showed it in the courtroom, or maybe he just didn’t return your phone calls and you had no clue when you had to be at a hearing. This will only fall back on you for not looking into him/her enough. There are a ton of resources out there, use them. Don’t just pick the first name you see. If you think that you have a case against your lawyer you can always file a claim. The best way to avoid copyright lawyer complaints is by making sure both parties are satisfied with the experience. If you are the lawyer, find out in the first meeting what your client expects of you and as a client find out what it is your lawyer will be doing for you so you don’t make assumptions. Making sure everyone has a clear understanding of what shall take place is the only way to have the best experience. Remember, a happy client means a returning client and more customers. But a client with a bunch of copyright lawyer complaints is bad for business.