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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.
Yes, There Really is a Freebie Santa Claus If you are a cynic when it comes to offers of free stuff, you are not alone. Everyone has had notions like “there is no such thing as a free lunch” and “if it sounds too good to be true then it probably is” drilled into their heads, and for good reason – these things often hold water. On the flip side, there ARE actually lots of places you can score some decent free stuff, if you know where to look and are willing to devote some time to hunting them down. The key to getting the best free stuff with the least amount of hassle is to stick with that healthy cynicism but to also dipping your toe in the freebie pool little by little. But why would anyone give stuff away for free? It is certainly an obvious question, but if you stop to consider it for a moment, you can see that companies actually have a lot of motivation to give away free stuff. After all, if they give you something for free, you are bound to have a little soft spot for their company, and when you are ready to part with some cash, their product may near the top of your list. Also, by giving away free things, companies can convince people to try new products. You might not want to try a new kind of shampoo if you have to pay for it, but you’d certainly be willing to give a free sample a try. You may end up loving it and switching to that shampoo for good, turning you into a paying customer. Another reason a company might give you free stuff is to complete market research. This is where getting free things can get a little complicated for some people because the products may not cost you money, but the offer may cost you a little time. A company might ask you to take a survey of your buying habits before they give you a free offer, or they may ask you to provide feedback on a regular basis as you try their product for free. Some people balk at the time commitment required here, but for other people, filling out some paperwork is a small price to pay for some free stuff. Of course, to convert you into a customer or to communicate with you about market research, a company will have to contact you, which is complicated area number two for freebie lovers. You will almost always be forced to hand over your email address in order to cash in on a free offer, and that is a recipe for opening your inbox up to a barrage of spam (many companies sell your email address to offset the costs of their free promotions, which means the number of people soliciting you can go through the roof very quickly). If you want to avoid this downside of freebie hunting, set up a special email address specifically for your freebie deals. That way all of your spam goes to this one address and your regular email you use with family and friends remains free and clear. One final note of caution about free stuff online: a lot of scammers have hit on the idea of using pretend freebie offers to solicit personal information about people or to convince people to send them money. Don’t send money, even for postage, to a company you don’t know and never, ever give out personal information online. No reputable company is going to ask for your social security number or bank account details for a freebie offer, so don’t hand them out to anyone. When in doubt, skip it and move to the next freebie. How to Choose Writing Software and a Few Suggestions (writing software) There are many choices available to today’s writers. From the cheapest to the most expensive the choice is entirely yours. Writing software can make you life easier and more organized. Whether you are an established writer or just starting out there is writing software available for you. First, you need to figure out what features you are looking for in the writing software. You do this by first accessing your needs as a writer. What kind of writing do you do? Do you write screenplays, novels, technical writings, or a collaboration of things? By knowing what you are going to expect from the writing software will make it much easier to pick out. From writing poems, to advertisements, to novels there is writing software out there for you. Here are a few that you can consider: Write That Down is software that is geared towards agents, publishers, freelancers, and screen writers. The application has tabs for contests, publications, submissions, accounts, and many more. It offers features from both sides of the writing world, for the writers and publishers. This may be a little too much for some. The Wizard of Words is pretty much a one size fits all as far as writing software goes. It has formatting for novels, articles, short stories, term papers, and so much more. For book writers is has a repair editing wizard that reformats just about any aspect you need it to. It even has tools for creating book proposals and query letters and mass mailing them. It requires Microsoft word 97 and higher. Style Writer is a style and grammar checking. It checks your writing against over 35,000 common language problems. You can change the type of writing it is checking and it adapts to the document type. It has 15 specialized features that will help you in your writing ventures. You can add and delete the grammar and style advice. It will track your progress and show you as you learn to stop making these mistakes on your own. When you install the software it merges itself with your own word processor. Writers Block is a replacement for Microsoft word. This software is a word processor and spread sheet rolled into one. It allows you to write in blocks and then arrange them how you want. It has a power panel in which you enter the writing for the current block. It floats above other programs so you can easily read from one page and type into the power panel. Rough Draft is a free download program. Well they would like donations but that is your choice. It is similar to Microsoft word but is more user friendly. It has special modes for plays and screenwriting. And it has an instant back up feature. Unfortunately, it does not have a grammar checker, tables, pictures, or footnotes. A popular choice for written media publishing is Adobe Page Maker. You can type your text right into the formatted layout and has a new data merge feature that you can merge previously saved spreadsheets or other databases to create new projects. That is just a brief overview of a few of the writing software products out there that looked interesting to me. During your writing journey, search for writing software that have multiple purposes, such as those software titles that create congressional letter, name generators, poetry, and jokes. Whether you are an inspiring new writer, an accomplished novelist that has been writing for years, or maybe a publisher or editor there is software out there for you. |