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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!
Yes, There Really is a Freebie Santa Claus If you are a cynic when it comes to offers of free stuff, you are not alone. Everyone has had notions like “there is no such thing as a free lunch” and “if it sounds too good to be true then it probably is” drilled into their heads, and for good reason – these things often hold water. On the flip side, there ARE actually lots of places you can score some decent free stuff, if you know where to look and are willing to devote some time to hunting them down. The key to getting the best free stuff with the least amount of hassle is to stick with that healthy cynicism but to also dipping your toe in the freebie pool little by little. But why would anyone give stuff away for free? It is certainly an obvious question, but if you stop to consider it for a moment, you can see that companies actually have a lot of motivation to give away free stuff. After all, if they give you something for free, you are bound to have a little soft spot for their company, and when you are ready to part with some cash, their product may near the top of your list. Also, by giving away free things, companies can convince people to try new products. You might not want to try a new kind of shampoo if you have to pay for it, but you’d certainly be willing to give a free sample a try. You may end up loving it and switching to that shampoo for good, turning you into a paying customer. Another reason a company might give you free stuff is to complete market research. This is where getting free things can get a little complicated for some people because the products may not cost you money, but the offer may cost you a little time. A company might ask you to take a survey of your buying habits before they give you a free offer, or they may ask you to provide feedback on a regular basis as you try their product for free. Some people balk at the time commitment required here, but for other people, filling out some paperwork is a small price to pay for some free stuff. Of course, to convert you into a customer or to communicate with you about market research, a company will have to contact you, which is complicated area number two for freebie lovers. You will almost always be forced to hand over your email address in order to cash in on a free offer, and that is a recipe for opening your inbox up to a barrage of spam (many companies sell your email address to offset the costs of their free promotions, which means the number of people soliciting you can go through the roof very quickly). If you want to avoid this downside of freebie hunting, set up a special email address specifically for your freebie deals. That way all of your spam goes to this one address and your regular email you use with family and friends remains free and clear. One final note of caution about free stuff online: a lot of scammers have hit on the idea of using pretend freebie offers to solicit personal information about people or to convince people to send them money. Don’t send money, even for postage, to a company you don’t know and never, ever give out personal information online. No reputable company is going to ask for your social security number or bank account details for a freebie offer, so don’t hand them out to anyone. When in doubt, skip it and move to the next freebie. 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. |