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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!
Movie Copyright Law College Students Are Being Targeted For Breaking Movie Copyright Law Many people have taken up the hobby of downloading movies and songs on the Internet and sharing them with their friends and family online. However, this is direct violation of the movie copyright law. Not surprisingly, the biggest violators of the movie copyright law are students. It is not surprising that the movie industry sector is sending out copyright infringements claims to college universities around the country. One reason that college students may be the hardest hit when it comes to violations brought against them for infringing on movie copyright law is that they are not aware of how serious a crime it truly it. Many college students who have suits brought against them are shocked, to say the least. They question why they were not warned about the perils of downloading movies and songs online and passing them along to friends. However, with the rise of claims that are being handed down, no one can claim ignorance for much longer. Word is being spread near and far that if you are engaging in illegal downloading and/or sharing then you can be brought to court. College students are learning the hard way that it is against the law and in violation of the movie copyright law to share or download copyrighted material. Many colleges and universities are now stating in their handbooks that it is against the law and the university rules to illegally download movies, music and other forms of media online using a school computer. In addition to illegal downloading and sharing software, the files take up space on the computer systems and use a considerable amount of bandwidth. While most universities and colleges will not look at the content an individual has -- they can isolate and identify the individuals who are hogging up the bandwidth by using illegal file sharing software. The movie and music industries have stepped in and are demanding restitution for illegally downloaded movies, music and other forms of copyrighted media. They have detection agencies that have the technology to identify and trace copyright infringements straight to their source. Once the computer is located they can notify the university or the college that they are in violation. The university will be told that they have a copyright infringement claim against them. Based on the Digital Millennium Copyright Act once the computer is isolated Internet access is terminated to that computer and court proceedings can begin. Does this sound far fetched? Well, it is not. You should know that in April of 2003 four students were sued by Recording Industry Association of America. These students attended Princeton, Michigan Technical University and Rensselear Polytechnic Institute. One student alone had an estimated liability of $150 billion. When you consider that you can be charged $750 per song that is illegally downloaded, the total can add up fast! The good thing is the lawsuits against the college students were settled for amounts less than $20,000. That is not pocket change for college students – or anyone for that matter! Movies and music are meant to be enjoyed. However, illegally downloading movies and music is not much different than walking into a video store and sticking DVDs and CDs in your pocket. Be careful. You do not want to be caught violating the movie copyright law. Craigslist a Great Place to Find Free Stuff – While Exercising Caution of Course Craig Newmark of San Francisco founded Craigslist in 1999. Craigslist is a web page that offers anybody to sell or by articles virtually free of charge. Some of the categories such as job ads in some of the major cities have a charge, which is the funding for all the other private, free ads on Craigslist. Currently the web page is available in approximately 450 cities all over the world. IT serves more than nine billion viewers per months and therefore gives the web page a ninth place in the rankings for most frequently used web sites in the United States. The web sites offer over thirty million new postings and classifieds each month. Categories for classifieds and advertisement range from job and housing postings over traditional buy and sell classifieds all the way to community events and personal ads. Since Craigslist offers so many different ads and classifieds each month, it is also a great place to find free stuff. Many people that are about to move or have top give up a hobby due to whatever reason often times offer things for free on this web page. Generally ads and classifieds are divided by categories and then listed on the pages depending on the proximity to a major city. Many major cities in the United States have their own Craigslist. Classifieds that are posted on a city site generally are from somewhere in the proximity of the city. Often time’s sellers expect the buyer to pick up the merchandise. Therefore, it is not unusual to find car ads, fitness equipment, baby clothing and items, furniture and more on the web site. Posting is for most classifieds free and there are also no fees for anything else. In contrast to some other pages, posting a used children’s toy, a piece of furniture or similar as well as anything else is completely free. The seller has the possibility to stay anonymous till shortly before the sale, when the seller decides to hand out his or her telephone number or address for sale purposes only. Of course such classifieds and advertisements can also be cons and need to always be handled carefully. Generally a good judgment of the price and offer helps to prevent from falling for fraudulent classifieds. Even though there are measures from the creators of the website to prevent fraud such as official statements and more, there is no guaranty that a fraudulent add will be taken off in time to prevent any trouble. So whenever buying or selling on Craigslist do it with caution. Craigslist offers classifieds for anything. Community, housing, personals, jobs, for sale, services, gigs and even discussion forums are all part of the web site. On this website anybody can post anything. Therefore it might take some time to find the right ad. It might even be possible that the chosen product cannot be found. Craigslist works like an online yard sale or a flea market. Therefore finding the exact product may be hard. But sometimes getting lucky is all that it takes and then the seeker is united with the product of desire. This web page should be used and supported by anybody and everybody. Whatever there is for sale, it should be put up on Craigslist, so that other people can male good use of a product that might be a good product for someone else for a few more years. Even jobs can be found on Craigslist. In cities such as New York, this web page’s jobs are one of the most important sources for job hunters and therefore are not free of charge for the employers that are posting in some of the bigger cities. |