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Fair Use Copyright Law
Don’t Overstep the Fair Use Copyright Law
Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain.
When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright.
With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.
The "Catch" to Some of these Freebie Sites Remember that old saying, "There's no such thing as a free lunch?" Well, it's not true—there are plenty of freebies out there. However, there are some things you should know about if you are going to go after these freebies. The World Wide Web is awash with web sites that like to offer visitors with loads of tempting freebies. But although many of these are legitimate offers, there are some things you should know about these freebie sites. Here are some things to know about these freebie sites. Getting Things for Free—A Caveat Here is the basic caveat when it comes to these freebie offers—there is usually something you will have to endure in order to get your freebie. Although you may not have to make any sort of financial contribution or monetary expense, you will have to pay in some small non-monetary way. Here is a quick rundown of various kinds of 'catches' that you may come across as you seek out the best of the web's freebies. Watching Ads Before You Get to the Good Stuff One of the most common techniques that websites will use before you can get access to their freebies is to force you to watch ads. There are many different versions of this method. Many sites that promote freebies will support their site through advertisements. Most advertisements show up as pop-up or banner ads. Some websites also use video websites. With the ubiquity of high speed Internet, video ads have lately become the preferred method of advertisement on many websites. The less subtle of these ads are the pop-up and banner ads. Pop-up ads are often quite obtrusive and they can interrupt your enjoyment of the website. You might want to avoid ad-based freebie sites at work, as these can often interfere with your screen. Many popular freebie websites also offer ad-free versions of their content. This may be something to consider if you really find the website's content valuable. Be Wary of Automatic E-mail Sign-Ups Many freebie websites will sign you up automatically for their email newsletters. The worst-case scenario is when the website allows its partners to bombard you with email ads. What is the best way to avoid getting on an unwanted email list? Read the fine print, and whenever you get the option, uncheck the opt-in box at the very bottom of the page. Take Care of Your Privacy Many sites that offer freebies make money by selling the personal information that they gain from their web traffic. In order to avoid having your personal information being sold, you should avoid giving your personal information to websites that can't provide you with an upfront privacy policy. You should also look for the TRUSTe seal that ensures your personal information is kept secure and private. Also, never provide more information than you need to provide. Avoid Large Downloads Whenever Possible Another thing you should watch out for are large downloads. Although there are many legitimate large downloads out there, you should avoid sites that don't tell you exactly what you are downloading, how long the download will take, and how big the file size is. Watch Out for Disappearing Websites If there is one thing to know about freebie websites is that they are often 'here today, gone tomorrow' type enterprises. Many freebie websites simply don't survive for very long. You should think hard before committing to a website that offers free services that you will have to depend on. The last thing you want is to depend on a website's services, and then have those services disappear or suspended. Copyright Infringement Lawsuit Who are in Copyright Infringement Lawsuits? A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ‘borrowing’ information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ‘sampling’ a song to make another, or maybe a person reselling mp3s online. When you understand the implications of it, copyright infringement lawsuits aren’t frivolous as some people may make it seem. For the most part, the average person’s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email. The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it’s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn’t a large backing legal team. Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it’s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn’t come to an agreement – then they filed suit. Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal’s rules. It’s worked out well thus far, and I think with an agreement in place ‘user created content’ will retain a destination on the internet. This is a testament we all need to be with social networking sites and ‘user created content.’ We need to watch ourselves, because many times we may not realize the veracity of our actions. Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software – from Windows to Photoshop to The Sims. It’s very easy to share peer-to-peer, and because of that, people can resell ‘pirated’ for a high price – all profit. Or they’ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties – with both copyright infringement lawsuits and criminal cases. They’ll pay a hefty fine and go to jail. As you can see, copyright infringement lawsuits can affect any one of us – from our friends on MySpace to our employer, to the computer geek down the street. It’s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won’t be involved in a major copyright infringement lawsuit, but you still need to ensure you’re following the copyright rules of engagement. Copyright infringement lawsuits are important in determining what is, and isn’t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn’t fair – and these organizations have helped the masses to understand what’s so important about copyright, and why we need to defend our freedom of speech. |