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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.
The Business of Self-Publishing (self publishing) Self-publishing has become a common practice for many writers. Writers’ reasons for self-publishing are varied, but it is commonly known that many writers want the accolades of having published work, no matter who publishes it. The freedom and business aspects of publishing work independently are desirable to many writers. A self-published writer is one who is in control of every aspect of their published work. The term self-publishing is defined as the publishing of books and other media by the authors of those works, instead of being established by third-party publishers. The advancement of technology has caused an increase in the self-publishers world, but it still only represents a small percentage of the publishing industry in terms of sales. The proliferation of media channels and web logging has contributed to the increase in self-publishers. The business of publishing books and other media independently is one that is unique and different from any other business. The most distinguishing characteristic of self-publishing is the absence of a traditional publisher. The author of the content takes on the role of the traditional publisher. The author is given editorial control of the content, arranging for printing, marketing the material, and distributing the material to consumers and retailers. The published books may be printed on demand with no inventory, which places a large amount of financial risk for the venue on the author’s shoulders. Many self-published authors end up subsidizing their work rather than making money from it. Digital printing technology has made it possible for the self-publishing concept to become mainstream in digital photo book printing. Self-publishers are able to get individually printed photo books from firms like Apple’s iPhoto, FotoInsight, Snapfish, and Printing-1. The motives for publishing work independently are varied, and there are numerous reasons for choosing to self-publish. One common reason is that the work of the author is not of interest to the commercial publisher, and otherwise not marketable. Some other common reasons for self publishing include an author’s preference to retain complete editorial control over content. Many writers are unwilling to compromise when it comes to the editing of their work, and some prefer to have their work presented “as is.” Writers may also be denied publication because they are unknown and don’t have a substantial resume. Self-publishing may also be an alternative for writers who have written material on a popular topic but that is only of interest in a small geographic area. Topics that address an obscure topic in which few people are interested may also be denied publication by commercial publishers. Writers of controversial works may also choose to self-publish, as many traditional publishers refuse to work with controversial writings. There are also some authors choose self-publishing because they want a larger percentage return from retail sales. Whatever the reason for self-publishing, authors should know that there is extensive work required in publishing a book alone. Publishing alone involves a long list of tasks, which include prepublication and publication. Prepublication includes editing or obtaining editing for the manuscript, proofreading, establishing yourself as a legal retail business, and obtaining an ISBN “Cataloging in Publication” number. The publication process involves formatting the manuscript, providing front matter and back matter, and providing cover art for the front and back covers and the spine of the book. Self-publishers must also obtain printing quotes, determine how the manuscript will be delivered to the printer, and pay for printing and delivery of finished books. Self-publishing is a business that many writers prefer to avoid, but for others it may be the only way to have the work printed and available to the public. Why Time Management Makes for a Better Employee Time management is a major issue in the workplace. When time is not utilized efficiently, it leads to sloppy work, missed deadlines, and way too much stress. Employers are constantly seeking ways to teach their employees to manage their time better for a simple reason – a team that manages its time well is a team that is productive and successful. Everyone has done it. You’ve know that there is a big deadline approaching for weeks on end, and you kept telling yourself that have plenty of time. Then, suddenly, it is the day before the project is due, and you haven’t even begun it. You know you will have to pull an all-nighter, and even then you will be lucky to get everything done in time. Your heart is racing, your head is pounding, and you’re cursing your procrastination yet again, thinking about how much time you wasted surfing the next when you could have been doing a little work on the project every day, so it wouldn’t be so overwhelming. The end result of a project like this is predictable. You may get it in on time, or at least close to the deadline, but your work is likely to be sloppy. The rush job you did will be evident to everyone, and if your project involved making a pitch to a potential customer, your time management failure may end up costing your company big money (and costing you a job). As if you were not stressed enough already! If you contrast that performance with one in which you had effectively managed your time, the difference is clear. If you have worked on the project over the entire time span you had to finish it, a little bit at a time, then you would have had time to make sure your work was up to par. You wouldn’t have been scrambling for last minute information to include, and you could have made sure your work was free from little errors like typos or pages that printed incorrectly. Most importantly, you wouldn’t feel like you needed a week long vacation when the project was over, because your stress level never would have hit the roof. So, how do you become a happier and more effective employee by managing your time better? The first thing you can do to become an effective time manage is simple – write yourself a to-do list everyday. Not only does a to-do list help you think through exactly what you need to accomplish so you don’t forget anything in the rush, but it also helps you feel accountable for everything that needs to get done. If you write “spend 30 minutes on the big project” on your to-do list, it is a lot harder to come up with excuses why you can put it off for another day. Your conscience will make you want to get through everything on that list. If it seems like you never have enough time in the day, keep a journal of all of your activities. If you spend 20 minutes chatting by the coffee pot, write it down. After a week, look back over your activities. You may be surprised how much time you actually spend doing nothing. Now that you know, you can reinvest that time more wisely. The last thing is the hardest thing – getting over procrastination. This one is sheer willpower. When those voices in your head start arguing over whether to work on something now or put it off until later, listen to the work now voice. Give yourself manageable goals, like working on something for 15 minutes or 30 minutes, to get started. Once you experience the freedom from stress that time management brings, that procrastination voice will be a thing of the past. |