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International Copyright Law
Surprise! There Is No International Copyright Law
Many people are surprised to learn that there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection to what is deemed as “foreign” works.
International conventions and treaties have done much to protect owners of copyrights around the world. With the world seemingly becoming smaller every day the United States took a look at its stance on the European copyright treaty known as the Berne Convention. Basically, the Berne Convention of 1886 involved European nations coming together to seek a uniform copyright law to keep their copyright owners from having to register for copyrights in individuals European countries. The United States signed on to the Berne Convention introduced made it into a U.S. law known as the Berne Implementation Act of 1988.
If you are seeking to have your work protected in a particular country you need to find out what kind of protection foreign authors have in that country. Some countries offer little or not protection to foreign authors. It should be noted that the U.S. Copyright Office is not allowed to give authors recommendations or the names of attorneys or agents that could help them understand foreign copyright laws. However, with a little investigation it is not hard to find someone who is an expert on foreign copyright law. These individuals can help you learn more about copyright protection and how your work is deemed in a foreign country.
Someone who works in international copyright law will tell you that it is different than most other sectors of law. It involves knowing the copyright law of two or more countries. Every country has their own way of granting and protecting someone’s copyright. The individual criteria of each country must be taken into consideration when you are dealing with international copyright law. It is important to note that some countries do not have any intellectual property rights and some countries even grant more copyright protections than even the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty listed above. If you are interested in pursuing a degree in law, you may want to explore the international copyright law sector. With the world becoming one big neighborhood, you will probably not lack for work.
People that have copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true that the United States has signed treaties with some nations, your work will not be protected in every country of the world. As stated, the United States is a member of the Berne treaty. In addition, the United States is a member of the WIPO Copyright Treaty. This treaty works in conjunction with the Berne treaty yet it also covers and gives protection to databases and computer programs. If you would like more information on international copyright law you should check with an attorney who specializes in international copyright law.
Web Hosting - Domain Name Changes and How They Affect You New domain names are registered all the time, and ones previously registered expired. Sometimes that's the result of simple neglect. The owner of the name chose not to renew his or her ownership, so the name became available for someone else to use. In rare cases, a highly original mind managed to think of a new one. In the other common scenarios, someone chose to just let it go or sell it. When you choose to change your domain name, there are actually two separate steps involved: releasing the old name, and adopting the new one. But, just as the postal system can have difficulty forwarding your letters when you change your personal name, changing your domain name brings certain difficulties. One of the most prominent is the fact that any name change requires a change to thousands of DNS Servers around the globe. DNS (Domain Name System) is the set of software/hardware components that allows domain names to map to IP addresses. IP addresses are what are actually used 'under the covers' when one computer communicates with another. Note that there isn't always a 1:1 correspondence between a name and an IP address. One IP address can serve multiple domain names and one domain name can have multiple IP addresses. For the sake of simplicity, we'll stick to the common case here. DNS servers around the world maintain internal databases that match the name to an IP address. Not all servers have all pairs of names/addresses. A series of complex routines allows a request to be forwarded when the particular DNS server doesn't have a needed record. When you acquire a domain name that used to be associated with a given IP address, the odds of you acquiring the same IP address are extremely low. In the unlikely case, for example, that you acquired the domain name yahoo.com, you would almost certainly not get the IP address that was matched with it (unless you bought the Yahoo! company). So, as a result of the change, the name/IP address pair is no longer what it was. A similar circumstance exists when you retain your IP address, but want to change the domain name associated with it. In either case, the pairing has changed. The catch is this: when the change takes place, those DNS databases are not all updated instantaneously around the world. Even apart from the limited speed with which computers and networks operate, (and neglecting the human factor if/when the change is made manually to more than one server) the reason is something called caching. In order to communicate efficiently, DNS servers are designed to assume that changes will be relatively rare. Just as with the postal system, you don't move your address or change your name every minute. Since that's true, in general, the name/IP address pair is cached. A cache is a set of stored information that is reused so that fresh information doesn't have to be communicated with every request for a web page or data. A chain of DNS servers pass requests to the last known address. There is usually more than one system between your computer and the server you want to communicate with. Most of the time, that's your current name/address. When you change the name, that pair is no longer valid. In order to propagate the new name/address pair (so the terminology goes), that cache has to be refreshed. Something similar happens when you establish an entirely new name. That name is first associated with an IP address and that pair has to be communicated to DNS servers around the world in order for you to be able to reach any one of them at random. But DNS servers don't do that until they are requested to do so by your action of asking for information from a remote server. Because of that, but chiefly because of caching, it can take quite a while for the new pair to become known around the Internet. Caches can expire and get refreshed in a few minutes or a few hours. It varies. That time can be as short as an hour or less, if the path between your computer and the web server is very simple and only one DNS server needs to be updated. Or, it can take up to 48 hours or more. Though the 'official' range is often given by registrars as 24-48 hours, the average is closer to about six hours. But that's an average. The actual time in any given case can (and does) vary widely. In the meantime, a number of effects can occur. The most obvious is that, since the name/IP address pair can't be resolved properly, you don't reach the server you want. Your browser points to the old one (in the rare case it's still accessible by that name and address), or it simply reports there's no such name at that address. So, when registering a new name or buying an old one, you should establish the site, but not advertise it for at least a couple of days. Better to wait to get visitors than to turn them off by being 'not at home' when they call. 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. |