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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.
As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “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.”
Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
Software company patent A Software Company Patent is the Door to a World of Confusion There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them. The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent. The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best. Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected. Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent. It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either. One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry. Web Hosting - FTP and Other File Transfer Tools Anything related to the Internet or computers is bound to introduce technical issues pretty soon. One of the earliest that novice web site owners encounter is FTP, which is an acronym for File Transfer Protocol. Seeing it spelled out, it's easy to see why those in the know quickly move to speaking in short hand. The reason web site owners soon will (or need to) become familiar with FTP is obvious to anyone who has built a site on a remote server. You have to have some way of getting the files to the remote computer and FTP is one of the most common tools. It's also one of the simplest and most efficient. FTP is composed of two parts: the client software and the server software. It's similar, in a way, to talking to someone on the phone who writes down everything you say. You (the client) make a request ('transfer this file to the server') and the listener (the server) takes the request and acts on it. That request to copy a file from a local computer to the remote one is carried out (often 'under the covers') by a PUT command, as in PUT this there. You create the web page (in the form of a file) and then PUT the file on the server. To move a file in the opposite direction, from the remote server to your local computer, your client software issues a GET command. Many FTP clients have graphical interfaces, similar to Windows Explorer, that allow you to drag-and-drop or otherwise copy the file without ever seeing the actual commands that carry it out. But it's helpful sometimes to know what goes on underneath. In tricky cases it can be an advantage to use a command line interface (in Windows, the 'DOS box', with a similar interface familiar to most Linux users). Knowing the commands and being able to use them in the command line form can sometimes help you diagnose what is going on when the graphical tools misbehave. But FTP is not the only way to get a file from here to there. In fact, your browser moves files around from a remote computer to your local one all the time. In most cases, when you type in or click on a URL, what happens under the covers is in essence a file transfer process. The web page is transferred from the web server to your local computer then displayed by the browser. Alternatively, you can sometimes even email a web page/file from your local computer to the remote server, then use an email client on the server itself to get the file and put it in a folder. That requires that you have some form of access to the remote computer. But there are many ways of doing that, such as in-built utilities in the operating system or using commercial remote control programs. Those alternatives can be helpful to know in cases where the FTP file transfer process is misbehaving. Having more than one way to accomplish the task helps you diagnose what might be going wrong. It also helps you get the job done when the usual tools aren't cooperating. The more you learn about these sometimes puzzling acronyms, the easier you can accomplish your own goals. |