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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 copyright act The Software Copyright Act was a Great Step in the Right Direction The software copyright act, which is actually called the Digital Millennium Copyright Act has given software developers a little more power when it comes to protecting their works. If you've bought software in the last few years I'm sure you've noticed some of the changes that have been made in the software buying process. If not, then you really should wake up and take note. Some of the more noteworthy achievements of this act are the following: 1) It is now a crime to go around anti-piracy measures in software. 2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software. 3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online. The problem isn't the people want to be bad or do something wrong. Most of us by nature want to do the right thing. The problem lies in educating people to the fact that it really is stealing when you bootleg, pirate, illegally download, or otherwise acquire copies of software that you didn't pay for. It's one of those 'white lie' types of crimes for most people and they don't really see how it will hurt anyone for them to copy a game that their brother, cousin, uncle, or friend has. Someone paid for it after all. The problem is that at $50 plus being the average price for computer games and simple software if 10 million people are doing it, the numbers are staggering and they add up quickly. The software copyright act sought to protect businesses from losing money this way. The software copyright act was the worldwide response to a growing problem. This problem was so widespread with illegal downloading of music that lawsuits and massive commercial ad campaigns were initiated in order to curtail illegal downloading activities when it comes to music. It seems to be working to some degree. Fewer people are illegally downloading music; the downside is that these people aren't buying as much music either. The reason is because they are no longer being exposed to the wide variety of music and artists that they were getting freely when downloading music each night at no cost. This equals lower record sales and is becoming a problem of lower movie sales and software sales as well. People aren't trying new games like they could before the software copyright act by going to LAN parties and everyone sharing a copy to play, now everyone has to own a copy before they can play. While this may be great for the companies that make a few (a minimal few at best) extra sales on the games for the sake of a great party but for the most part, it is costing them the extra money that could be made by 10 people finding they liked the game enough to go out and buy it so they could play it whenever (and the next group of 10 they will introduce the game to) Gamers are a funny group and software copyright act or no, they are going to stick with the software and games that serve them best. The software copyright act was created in order to protect the rights of those writing and developing computer software. We want those who fill our lives with fun games, useful tools, and great ways to connect to friends and family to continue providing these great services and to get paid for the ones they've already provided. The software copyright act is one giant step in the right direction as far as I'm concerned.

How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before.