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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.
As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “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.”
Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
To Enter or Not to Enter Writing Contests (writing contests) If you are a freelance writer, it is because you love to write. Why not put those abilities to use and enter a writing contest? You have nothing to loose and a lot to gain. You can find writing contests by simply searching the Internet. Writing groups and message boards may also have listing for these contests. No matter what you writing genre maybe poetry, fiction, non fiction, there is a contest out there for you. Read about them and choose which ones are right for you. It is not necessarily about winning or loosing but about the experience and knowledge that you gain to get there. Whether you win or not there are still valuable things that can be learned or gained by entering into contests. Entering writing contests will help you hone the skills that you have. Try something new, you may choose to write in a niche that you normally wouldn’t. You get constructive criticism from someone new. Someone that doesn’t have to worry about hurting your feelings and that is unbiased can be a wonderful asset to your career. The feedback you receive can be invaluable to you. It will get your name out there and give you a place to showcase your work. Depending on how good your story, if you make it to the next round your writings could be in front of editors and agents. This feedback and criticism is even more important than the first. Do not your eggs all in one basket. Enter a couple contests to get multiple feedback sources. Not every editor or agent is going to agree. By entering multiple contests and find common points about your writing that need perfecting you will be able to concentrate on a general consensus about your abilities. There are some downsides to entering writing contests, too. Chances are that a simple contest is not going to launch your career into star status. Do your research just as if you were going to write an article about contests. For many contests you give up your rights to your entry whether it wins or not. You need to decide whether or not you are willing to give up all rights to your story. If you win it is not a big deal, but if you loose your giving your work away. Are you willing to do this? Research the contest. You can search the Internet for reports or opinions on contests run by the company. You can find valuable information on if the contest is legitimate, if entering has had any effect of previous entrant’s careers, and if it is really worth it in the long run. The bigger and well-established companies will give credibility to your work if you win. But the bigger and more well know the companies are will also bring in tougher competition with well know authors. Some companies offer contests as a disguise. Yes they will give away prizes and declare winners but their main goal with the contest is advertising. It can be in the form of offering you to buy obscure book featuring your contest submission. Sometimes it is an editing company that offers a discount for its services or a company that will offer you discounts on writing classes. A writing contest is just a possible stepping stone. Whether it helps you or not is the unknown, but it definitely won’t hurt you. It may help you reach the next level of your career. You and only you will be able to make the decision on whether or not writing contests are a good move for your career. 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. |