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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.
Copyright music Copyright Music in Order to Protect Future Profits If you are a budding artist seeking to copyright music that you have labored over, there is good news. Many people confuse copyrighting music with registering music and they are two different things. According to the law in the United States, once you have written or recorded your music in a permanent form, it is copyrighted. Of course, it might help to first understand what it means to copyright music in the first place. A copyright is a certain legal protection that is offered to those who compose creative works. Whether those works be art, music, or the written word. According to the U. S. constitution there are limits that can be placed on the amount of time that the work is exclusively protected. If you copyright music, this means that you and you alone have the right to use your work or allow others to use your work. You also have the right to distribute copies of your work. Whether those copies are in the form of written or sheet music or recorded music to the public as well as the right to perform your music for the public. There is something called fair use that despite your copyright; music written or recorded by you may be used for the purpose of research, news reporting, commentary, or criticism. In other words, there are times when the use of copyrighted material is deemed appropriate without the consent of the one holding the copyright. To copyright music alone is not enough in many cases to protect your music, at least not without going through a lot of hoops in order to do so. One of the things you can do in order to protect your copyright is provide notice of copyright. This is a simple step that includes writing a simple statement to the effect of the word "copyright", the date, and your name at the bottom of your sheet music or on the case for the recording or the actual recording itself. CD's are the most common means for recording devices today and a notice of copyright can easily be added to the exterior of your CD or on your label if you have one printed. In case you are wondering: why copyright music? The answer is rather simple, so others cannot take credit for your creative genius. For an added layer of protection you may want to consider registering your copyright as well. Registering your copyright will provide you with formal legal documentation of your ownership of your music should anyone else attempt to lay claim to your music or any other dispute about true ownership/authorship come about. You must have your copyright registered if you wish to file a copyright infringement suit and it is, in my humble opinion, better to not only copyright music early on but also to register your copyright before it could possibly become an issue. Registering while not entirely painless is not as difficult a process as you might think. Basically it involves filling out an application, paying a filing fee (check with the U. S. Copyright Office for the current amount), and a copy of the work being protected (this will not be returned). It's also important to remember that your music doesn't have to be published in order for you to obtain a copyright. Music should be copyrighted and registered long before the publication process in order to protect your rights as the creator of the music. Whether you are dabbling with cute little limericks or writing masterpieces and concertos or are rock and rolls next super star you want to make sure to copyright music earlier rather than later for the best possible outcome should problems arise. Everywhere You Look There are Creative Writing Prompts (creative writing prompts) As glamorous as creative writing prompt sounds, it is nothing more than they start of an idea for your writings. A prompt could be virtually anything from a picture to a dream, whatever gives you that “Oh that would be a great story” feeling is your prompt. Like a movie preview it gives you a taste of what is to come or a sample at a store that makes you want to buy the product. It could be a single word or a collaboration of words. Whatever it takes to get the story into your head and then onto the paper would be considered a creative writing prompt. The need of finding creative writing prompts often stems from having writers block. If coming up with your own prompts has become difficult don’t worry. There a literally millions of prompts out there. You just need to find the right ones for you. Take the Internet for example. Do a search for creative writing prompts. You now have pages and pages of story starter’s right at your fingertips. You have many options available while searching for prompts. From one or two words starters to a brief synopsis of an idea they are available to you. Some sites offer daily prompts. They will even email them to you. There are many books available with nothing but lists of prompts just waiting to be turned into great stories from your mind. There are a lot of writers that feel that using lists of prewritten prompts by someone else is cheating. They feel that all prompts used must be their own. But truth be told, there is not a creative writing prompt that has not been wrote about. It is the creation that comes after the prompt that makes the writing your own. The prompt is not what your creative writing is all about, but a springboard for your imagination. It is merely what opens the portal to your imagination, to your passion, and to your thoughts. Sitting at your computer and staring at the blank page will most likely give you a headache before a great idea. Go outside, close you eyes, and clear your mind. Listen to the sounds around you. What do you hear? Children’s laughter, neighbors chatting, or ever the birds chirping. Let those sounds drift away and your mind float. Slowly letting things come back into your mind, your last trip to the beach, your kids at the playground, your spouse cooking dinner any of these can be an idea jogger that gets the creative writing flowing. These thoughts alone could spark a hundred ideas just waiting to be words on your canvas. It also may help to keep a notebook with you at all times. That way whenever you have a great idea you can jot it down before it escapes you. Many writers only use creative writing prompts from outside sources. They are given to them by editors and publishers telling the writer what they want you to write about. Some writers work better this way being given the idea and running with it. Others prefer using their own. Creative writing prompts not only help initiate ideas, they also help spark your memory for you to write about your own past experiences and adventures. You can use them for writings on your website or blog. Whether you use outside sources for your inspiration or use your own it does not affect the integrity of the words that complete the idea. The story behind the prompt is the vision of your creative abilities, not the prompt itself. |