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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 infringement insurance coverage Do You Need Copyright Infringement Insurance Coverage? People are creating more content now than ever: eBooks, blogs, web journals, MySpace Pages, Podcasts. Every where, in abundance, you?ll find people sharing their ideas and opinions, and creating entertainment for everyone. However, with all the resources available to us, how can we be sure that we?re not violating copyright law? Should we have copyright infringement insurance coverage? Copyright infringement is the act of using someone else?s copyrighted material ? in any form ? in our own use without proper allowances. In order to be allowed to use the material, all we may need to do is ask and give the owner royalties, attribution, or some combination thereof. But, occasionally, it?s easy to forget that we need to ask before we use something without rights. You?re allowed to use copyrighted works in a number of forms ? educational and instructional uses, parody, commentary, and news are all forms where you don?t need to ask for use ? it?s considered fair use under the copyright law. However, even if you?re using the item of copyright in one of these forms, it would still be wise to inform the owner of your intent before using it. Of course, you should contact a copyright lawyer before using anyone else?s work(s), but to keep yourself safe, copyright infringement insurance coverage may be a good bet for you and your colleagues. Should you have copyright infringement insurance coverage? Although this is a new concept, it is one we should look at closely as creators. A well-known adage ?there is no completely original idea? comes into play in our current age ? while it?s entirely possible for us to have a thought, and act upon the thought ? there may be, somewhere, someone who has created close to the same material as we have, without our knowing. Did we create it first? Did they? Would they be able to sue you for copyright infringement? These are the things to ponder as we create our media ? should we have copyright infringement insurance coverage? What is copyright infringement insurance coverage? This coverage would be insurance for covering the cost to settle lawsuits brought in regards to copyright infringement ? it would be a small amount of coverage. For example, you would only need around $5,000 to cover the court and attorney fees associated with a case, if a suit were brought against a person. Theoretically, you would only pay under $25 per year and would cover up to the five thousand dollar settlement should a case be brought against you. How would you use copyright infringement insurance coverage? Hopefully, you?d never have to use your copyright infringement insurance coverage. But, it would be there in case a charge was ever brought to you on copyright infringement With so many of us ? bloggers, columnists, podcasters ? creating our own content, it?s in our best interest to consider something such as this. We may not always get the rights we need in order to use a work, either whole or in part. As you can see, it can be critical to have copyright infringement insurance coverage as a blogger, podcaster, columnist, or other content creator. It?s imperative that we know our rights to use something (or to NOT use something) and what we can do to protect yourself. Copyright infringement can carry a serious penalty, and insurance coverage is a good way to insure that you?re protected from hefty fines. Talk to you current insurance provider and copyright lawyer to find out what you need to do, and what you need to know, to get proper insurance for your needs.
Music Copyright Law Are You Violating Music Copyright Law? With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind ? lyrics, composition and the recording of the music by an artist. Using someone?s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way!