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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.
Quest of Becoming a Writer (becoming a writer) Finding ones’ true calling is one of the hardest things in life. There are some people who believe that they are meant to sing, or dance, or even write. Like all things, becoming a writer is a process and there are many hurdles and even steps, potential writers must take in their quest of making their writing dream come true. It has been said that the art of writing is exploration of you, your own thoughts, your own motivations, and your own goals. However, there is much more to being a writer that just learning to be a good writer. Potential writers must realize that a career writer is one that recognizes writing as a profession and craft that can be turned into a career. The first step to becoming a writer is the most obvious, which is writing. If one is going to make writing their career then they must write first. There are many who believe that writers have no excuse not to write. A writer who does not want to write may be classified as someone who doesn’t want to be a writer. However, there are many people who don’t have the time to write, and in some cases it is best for potential writers to get jobs that make use of their writing skills. Most writers believe that to become a writer you must work as a fiction writer, but there are many jobs that offer the experience needed to become a professional writer. Although the creative process may not be the same as writing fiction, by acquiring a job that uses their writing skills, potential writers will be able to write more creatively and efficiently as fiction writers. Nonfiction writing jobs include, journalism, becoming a technical writer, becoming a technical editing, science writing, marketing communications, sales writing, resume writing, freelancing, and many more. There are many writers who don’t believe that they have to write or obtain a job in writing to become a great writer, but writing is the key to becoming a writer. Another key step for potential writers is to use logic to create the vision, and to achieve the desired goal. Before writing, it is important to think about what you want to write, instead of thinking of what can be gain from writing. It is typical for many writers to site personal gain as their reason for writing, instead of financial gain. There are some who believe that you can’t put a price on pursuing a dream. Becoming a writer also requires working long, and odd hours. A creative idea may strike at any moment, and it is advisable for writers to write and to expand their ideas, no matter what time of day it may be. Potential professional writers should also become comfortable with their place as a writer, and comfortable with their own creative process. If you are going to write, it is best to find a process that works best for you, and to use that process in all of your endeavors as a writer. Writers who have a steady process and who strive to become better and to write more will eventually achieve the success they want. Potential writers should also know that writers’ block is not real, and many times writers cannot write, because they are lacking something and may need to fill a need in order to return to their comfortable place of writing. Becoming a writer is not easy and many writers may run away when they see all the hard work that is required. However, there are many who pursue their dreams and who become the writers they always wanted to be. So, while it may be easy to run away, it is always more rewarding to face a challenge and come out on the other end as the victor, and for many that means becoming a writer. The Business of Self-Publishing (self publishing) Self-publishing has become a common practice for many writers. Writers’ reasons for self-publishing are varied, but it is commonly known that many writers want the accolades of having published work, no matter who publishes it. The freedom and business aspects of publishing work independently are desirable to many writers. A self-published writer is one who is in control of every aspect of their published work. The term self-publishing is defined as the publishing of books and other media by the authors of those works, instead of being established by third-party publishers. The advancement of technology has caused an increase in the self-publishers world, but it still only represents a small percentage of the publishing industry in terms of sales. The proliferation of media channels and web logging has contributed to the increase in self-publishers. The business of publishing books and other media independently is one that is unique and different from any other business. The most distinguishing characteristic of self-publishing is the absence of a traditional publisher. The author of the content takes on the role of the traditional publisher. The author is given editorial control of the content, arranging for printing, marketing the material, and distributing the material to consumers and retailers. The published books may be printed on demand with no inventory, which places a large amount of financial risk for the venue on the author’s shoulders. Many self-published authors end up subsidizing their work rather than making money from it. Digital printing technology has made it possible for the self-publishing concept to become mainstream in digital photo book printing. Self-publishers are able to get individually printed photo books from firms like Apple’s iPhoto, FotoInsight, Snapfish, and Printing-1. The motives for publishing work independently are varied, and there are numerous reasons for choosing to self-publish. One common reason is that the work of the author is not of interest to the commercial publisher, and otherwise not marketable. Some other common reasons for self publishing include an author’s preference to retain complete editorial control over content. Many writers are unwilling to compromise when it comes to the editing of their work, and some prefer to have their work presented “as is.” Writers may also be denied publication because they are unknown and don’t have a substantial resume. Self-publishing may also be an alternative for writers who have written material on a popular topic but that is only of interest in a small geographic area. Topics that address an obscure topic in which few people are interested may also be denied publication by commercial publishers. Writers of controversial works may also choose to self-publish, as many traditional publishers refuse to work with controversial writings. There are also some authors choose self-publishing because they want a larger percentage return from retail sales. Whatever the reason for self-publishing, authors should know that there is extensive work required in publishing a book alone. Publishing alone involves a long list of tasks, which include prepublication and publication. Prepublication includes editing or obtaining editing for the manuscript, proofreading, establishing yourself as a legal retail business, and obtaining an ISBN “Cataloging in Publication” number. The publication process involves formatting the manuscript, providing front matter and back matter, and providing cover art for the front and back covers and the spine of the book. Self-publishers must also obtain printing quotes, determine how the manuscript will be delivered to the printer, and pay for printing and delivery of finished books. Self-publishing is a business that many writers prefer to avoid, but for others it may be the only way to have the work printed and available to the public. |