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Copyright Infringement
Play It Safe: Making Sure You're Not Committing Copyright Infringement
Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it?
Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library.
Copyright Infringement in day-to-day life
Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement.
What is the public domain, and how does it relate to copyright infringement?
Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.
So, how do I ensure I’m not committing copyright infringement?
First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.
When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want.
Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!
Web Hosting - Why Backups Are Essential One thing most web site owners have little time for is... anything! Anything other than focusing on their site content and the business or service it supports and the information it provides, that is. That means that administration often suffers, as it frequently must. There's only so much time in the day. But the one thing that you should never let slide are backups. They are like insurance. You rarely need it (you hope), but when you do you need it very badly. Performing regular backups - and testing them - doesn't have to be a nightmare. A little bit of forethought and effort and they can be automated to a high degree. And, they should be tested from time to time. Even when a backup appears to have gone without a hitch, the only way to know whether it's of any value is to attempt to restore the information. If it can't be restored, the backup is worthless. Even when the web hosting company provides the service, there is still some planning involved for the site owner. Hosting companies often rely on one or both of two methods. They backup everything (called a full backup), then backup anything which has changed since the last full backup (called an incremental backup). Of special interest are any configuration files that have been tailored. If you've modified the default installation of a software package, you want to be able to recapture or reproduce those changes without starting from scratch. Network configuration files, modifications to basic HTML files, CSS style sheets and others fall into the same category. If you have XML files, databases, spreadsheets or other files that carry product or subscriber information - about items purchased, for example, or people who signed up for a newsletter - those should get special attention, too. That's the lifeblood of your business or service. Lose them and you must start over. 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