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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.

Software copyright sample Software Copyright Sample Builds Loyal Customer Bases When choosing software copyright sample many before focusing on one or two. It is impossible to try every piece of software that exists in the world of software today. There are so many pieces of software currently on the market and new software being created as I type this. With so many new and different, competing and interesting software programs so widely available you might find something wonderful and unique available at a wonderful price or better yet, for free in the open source arena. Open source software isn't exactly software copyright sample material. This software is occasionally used as a testing ground for unproven versions of software, for software testing, or simply to determine the demand for a particular type of software. Chances are pretty good however; that if you've ever thought, "I wish I could find a program that did (insert whatever here)" someone else has had the same thought and created a program that will do just that. Perhaps the greatest beauty of a software copyright sample is that you get a taste of what the software can do without the expense of purchasing to find out whether it is right for you or your needs. There are actually many ways that companies both for profit and open source companies allow potential customers or converts to sample their products. Linux is a great example of this. They have gone from an open source nuisance to a viable competitor to many larger software companies by providing free software or a software copyright sample to consumers in order to whet their appetites for future offerings designed with profit in mind. What has developed is a viable (and growing) source of competition for Microsoft. Many open source developers are operating very much like Linux and starting out by offering a free software copyright sample to those who will try them out and give them feedback. They use the feedback to make improvements and build better products while making a name for themselves, their customer service, and the quality of the products they build. It's a win-win situation for many consumers and businesses that are just starting out and operating on a shoestring on both the part of those that offer the software copyright sample and those that are benefiting from the sample. Other companies are not as altruistic or are not as willing to wait for the payoffs. Instead of offering a completely free software copyright sample, they will offer you a free trial to their software that will either end at the end of the trial period and require a new subscription or automatically begin charging your credit card. Both of these practices have proven themselves to be highly effective methods of winning not only new customers but also seemingly unshakeable customer loyalty on the part of those that purchase software from these developers or companies. If you do an Internet search for open source software I think you will be astounded at the quality and selection that exists. There are programs that exist to do almost anything. My favorite (I must admit) are the game, but there are also many wonderful programs that can do amazing things like track your golf score, convert currency, help you organize your kitchen more effectively, figure out how much tile you need in a room. Almost anything that needs to be done, there is a piece of software that can do it-open source. The important thing to remember is that you won't find these programs in your local software store but you may find something similar to your copyright software sample that will cost considerably more money than the finished and polished version of the software that you are able to sample free.

Software Copyright Laws Software Copyright Laws Fail to Provide Adequate Protection Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are also well known for overlooking these laws, which were designed to protect the makes of software from not earning their worth. Perhaps one of the biggest hitches leading so many software businesses to go out of business is the fact that they have a great deal of difficulty actually enforcing the software copyright laws that are in place and getting the money that is owed them according to the agreements that have been made with those on the using end of the software. Software developers, particularly in the corporate world design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers that create these massive programs. These programs are often designed specifically for that one company and are very expensive. The agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of royalties for the use of the software. The purchasing companies agree to this and then more often than not fail to honor that agreement. The agreement is what allows this company to use that software, this agreement is what allows that permission. When companies aren't living up to their end of this agreement they are not only guilty of breaching that agreement but also of breaking software copyright laws. The trouble always lies in proving that they are not honoring the contract and the extent and duration of the breach. Some of the ways that companies will argue in defense of them not paying the royalties, additional fees, purchasing additional software, etc. is that they upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws) the problem lies in the fact that adding ten new computers and placing the software on those should mean that you remove it from or get rid of 10 old computers. This is rarely how it works. So now they've basically stolen ten copies of software that can be well worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies trying this or worse each year and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be. Software copyright laws exist to protect the software companies from this type of abuse and misuse, however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court. There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws to the point of breaking make the exceptions rather than miserly consumers that do not wish to pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software only 'renting' out permission for people or companies to 'use' that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing that the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies.