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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.
Software copyright sample Software Copyright Sample Builds Loyal Customer Bases When choosing software copyright sample many before focusing on one or two. It is impossible to try every piece of software that exists in the world of software today. There are so many pieces of software currently on the market and new software being created as I type this. With so many new and different, competing and interesting software programs so widely available you might find something wonderful and unique available at a wonderful price or better yet, for free in the open source arena. Open source software isn't exactly software copyright sample material. This software is occasionally used as a testing ground for unproven versions of software, for software testing, or simply to determine the demand for a particular type of software. Chances are pretty good however; that if you've ever thought, "I wish I could find a program that did (insert whatever here)" someone else has had the same thought and created a program that will do just that. Perhaps the greatest beauty of a software copyright sample is that you get a taste of what the software can do without the expense of purchasing to find out whether it is right for you or your needs. There are actually many ways that companies both for profit and open source companies allow potential customers or converts to sample their products. Linux is a great example of this. They have gone from an open source nuisance to a viable competitor to many larger software companies by providing free software or a software copyright sample to consumers in order to whet their appetites for future offerings designed with profit in mind. What has developed is a viable (and growing) source of competition for Microsoft. Many open source developers are operating very much like Linux and starting out by offering a free software copyright sample to those who will try them out and give them feedback. They use the feedback to make improvements and build better products while making a name for themselves, their customer service, and the quality of the products they build. It's a win-win situation for many consumers and businesses that are just starting out and operating on a shoestring on both the part of those that offer the software copyright sample and those that are benefiting from the sample. Other companies are not as altruistic or are not as willing to wait for the payoffs. Instead of offering a completely free software copyright sample, they will offer you a free trial to their software that will either end at the end of the trial period and require a new subscription or automatically begin charging your credit card. Both of these practices have proven themselves to be highly effective methods of winning not only new customers but also seemingly unshakeable customer loyalty on the part of those that purchase software from these developers or companies. If you do an Internet search for open source software I think you will be astounded at the quality and selection that exists. There are programs that exist to do almost anything. My favorite (I must admit) are the game, but there are also many wonderful programs that can do amazing things like track your golf score, convert currency, help you organize your kitchen more effectively, figure out how much tile you need in a room. Almost anything that needs to be done, there is a piece of software that can do it-open source. The important thing to remember is that you won't find these programs in your local software store but you may find something similar to your copyright software sample that will cost considerably more money than the finished and polished version of the software that you are able to sample free. Understand Group Publishing (group publishing) When you want to have one your books published, you will work hard to get your book finished and then you will seek out a publisher. Sometimes it is very hard to find the right publisher, but the good news is that there are several different types of publishers that you can use to get your works on the market. Large companies are not your only option. The world of publishing difficult to break into and if you get an acceptance letter--that is only the start. There are many types of publishing companies out there and they all have a different way of publishing their products. Here is a look at some of the more common types of publishing including group publishing. Group Publishing: Group publishing is the process in which a large company publishes your work in the name of a larger company. For example, there are big name publishing companies out there. They operate smaller group publishing companies. The larger publishing company serves as a kind of umbrella over the smaller group publishing companies. Sometimes these companies operate several smaller companies that produce different genres of writing and books. This is also sometimes called trade publishing. For example, a large publishing group may produce best selling adult novels, but may also operate under a smaller name to produce certain non-fiction books, cookbooks or children’s books. Group publishing is a popular way to publish a book. Educational Publishing: Besides trade publishing, there is also educational publishing. These are companies that deal specifically with educational material. They may deal with only college textbooks, or they might deal with textbooks and materials for grades K-12. Besides textbooks, these companies might also produce other forms of educational material, which include posters, workbooks, CD-ROMS, software, testing material and maps. There are several big name educational publishing companies. University publishing—University Press: This type of publishing is not like group publishing and it is not the same as scholarly publishing. These types of companies are usually non-profit and are run by universities, colleges and even sometimes museums or other organization. These usually publish books by scholars and other specialists and they usually are used within the university system. Sometimes these books do get published by a larger trade publish; however, they do not market these types of books. Independent publisher: Independent publishers are often the best way to get your book published if you cannot find a publisher to produce your book. These are generally smaller companies that are privately owned. Many times, these companies only publish a handful of books each year and they usually are about certain subjects. They have the freedom to publish just about anything they wish. Software and other Media: You might not consider software and other types of media as being a publisher, but they are. Think of all the e-books, CD-ROMs and even books on tape that are on the market. These have to be published, too. These types of companies are often associated with larger trade publishers. In fact, many large publishing companies have their very own media publisher in house to take care of this type of publishing. It is a very large business and these types of publishers are just as important and lucrative as the large trade publishers. As you can see, there is a whole world of publishers out there waiting to get your book or other media published. If you do not have luck with a large trade publisher or group publisher, then don’t give up. Keep looking and the different types of companies out there until you find one that wants to work with you and your book. |