Welcome to esiq.org
|
Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under “architectural works” was later added in 1990.
What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work.
People caught of copyright infringement Why Are People Caught of Copyright Infringement? When you hear of people caught of copyright infringement, many different things can happen to them. First of all, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely that they will get repercussions from far and wide. First of all, people are always looking for people violating copyright laws. Copyright owners and/or agents surf the internet, so they may find the violations themselves. Usually, is someone finds that people are violating their copyright rights, they’ll notify the person or entities involved and ask that they take the content down, if it’s available on the Internet. They do this by either asking the person directly to take it down, or demanding of the website server to take it down (which they will, immediately, and probably suspend the account) If the person or entity hosting the violation doesn’t take it down, more serious actions will be taken, such as a lawsuit or criminal charge. People caught for copyright infringement do not automatically go to jail, although some entities like major television, music, and movie publishers and distribution channels may lead you to believe otherwise. For the example of YouTube.com, there are many people caught for copyright infringement, but they only need to take down the material. In many cases, YouTube.com will take the material down before the poster (the person who put the copyrighted information on the site to begin with) has a chance to see the warning. Other times, a work will be present on a peer to peer file sharing service, such as Kazaa or Napster, and the host of said service will blame the end user (you!). So, even if you found a file on a file sharing service, such as Kazaa, doesn’t mean the copyright is open for you to take it. Many people caught of copyright infringement have been found through these peer to peer networks, and it has been found time and again that the user that downloads the material gets charged and not the file sharing service. Be careful, if you are ever to use a peer to peer service such as Kazaa (or bit torrent, which is the code/program for another type of peer to peer file distribution tool) that you’re only downloading, and sharing, items that aren’t copyrighted works – or you could be punished severely. Sometimes, people are caught of file sharing from their IP addresses – because they download something from a secure site, their servers can track your IP address (your unique location on the internet, four sets of numbers, separated by periods, with at most three numbers in each set – i.e. 216.239.51.100 which is the IP address of Google.com). So even if you think you’ve bypassed the copyright law, you can still be found years later by tracing that IP address. There are many ways to find people caught of copyright infringement, you can search through Google.com or look through newspaper databases. One thing, however, remains the same in all these cases – the people are downloading, sharing, or in some other way using copyrighted materials. The only problem is, especially in the internet age, is that even if you’re using something anonymously, you can still be tracked – and prosecuted – for the infringement. Be careful, in all you download or use, have the rights to use the item – sometimes it’s as simple as asking permission that will keep you from getting sued or sent to jail. Job Hunt Challenges for the Over 50 Crowd If you have just recently lost a job or maybe are not happy with the job you are currently holding, you are going to be on the hunt for a new job. Hunting for new job is never easy, whether it is your first or your tenth job. You know that it takes a good amount of preparation till you might hold another permanent job. But for the older crowd, especially the crowd over fifty, the challenge of finding a new job is even greater. Explore some of the facts why it is more challenging to find a job after 50. Starting out by the age factor, many companies want young and dynamic employees that are open to new and challenging tasks. Many employers believe that a person over 50 is set in his or her ways and therefore not able to tackle the same great tasks that might open up as a young, fresh out of college open minded person. A person over 50 is closer to retirement and might not want to take any risks as a young career fresh from school employee. Risks are sometimes what a company needs to get forward, new ideas, new thinking. Another reason is the salary competition. If you are over 50 and looking for another job, you most likely have a lot of experience in you sector. Experience usually is measured in money and the salary for an experienced person is generally higher than a starter salary. While experience is desired, some companies can just not afford to hire somebody for 10-20 thousand dollars more than they can get the fresh from college employee. If you lost your job, you might accept one of the lower salaries, but while you are in the application process, the human resource person reading your résumé does not have that information about you. Some of the bigger companies get scared by the fact that you are really close to retirement and if there are certain retirement plans and structure in place at a company, they might not want to hire you. You could retire within 10-15 years or less and then the company is stuck with paying you retirement payments. Hiring a younger person instead guarantees them no retirement payments or plans for retirement in general for the next 20-30 years. From the employer’s side, these are great savings for their pocket. Another reason often seen from employers as a reason not to hire a person over 50 is that the person they are hiring might be more prone to sickness and take more sick days than a young person. Why would they think that? Statistics have shown them that the tendency for time off due to sickness is greater for people crossing the age threshold of 50 years versus younger people. Be honest, being over 50 means for most people more aches and pains all over the body. You are more tired and get exhausted quicker. So if you do get a chance to go to an interview when looking for a new job, you need to make the best out of it. Besides all the factors mentioned above, a person that is over 50 and is looking for a job can be a great addition to any company and you need to make sure that you let your interviewer know that. An interview is a great challenge and can be mastered quite well if keeping these thoughts that employers have in mind. Emphasize the fact that you do bring experience and connections. Let them know that if they hire you, they get a person that at least is settled in life. You have had all your children, or did not want any, but at least you will not be missing because of pregnancy, birth of a child, and sickness of a young child or similar events. |