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Software copyright
Software Copyright Difficult to Enforce
For those of you who love computer games, you probably know more about software copyright than you ever thought you'd want to know-especially if you have or have ever owned multiple computers. Most new games not only come with special copyrights but also built in security features that are designed to enforce those copyrights. Some have even gone so far as selling you the right to 'use' the material you are purchasing rather than providing you with actual ownership of the software to which they own the software copyright.
That bothered me a bit at first, but I've come to understand it's another way of protecting them and their rights as well as controlling or limiting how you use the software they provide. Software copyright is actually quite confusing and hotly debated. Many stores will not accept opened software as returns because the software companies won't reimburse them for the product and they are left holding the bag. It doesn't sound like much but when you think of literally thousands of consumers attempting to return opened software because they didn't like or worse, they only needed to download and install it for it to actually run.
Companies that produce computer software have become savvy to the ways of the modern consumer. Those companies that produce computer games especially require that the disk actually be in your player in order for the game to operate properly. This enforced the software copyright to the extent that two people can't reasonably share ownership of the same game, as they both need an actual disk in order to operate the games. But for every solution there is a hacker or budding programmer that creates a new problem for software makers and holders of software copyright to face. One of the latest problems is the virtual CD. The long and short of this is that the computer is tricked into 'seeing' the CD where it should be and carries out the game as though it were.
Another important thing to note about software copyright is that there are many programs available that mimic some of the more notable applications for no fee. These are often referred to as open source software and often have excellent if not superior quality to similar programs that are available for fees. One thing I've noticed is that I will often find free open source software, download it, love it and a few months later I will find a more polished version of the same software, by the same company available with a few more bells and whistles for a fee. The new improved software has a software copyright and is not free to consumers but it is also a much better version than what I currently have. It's a great way for new software developers to make names for themselves and get volunteers for the testing process of their development phase.
A software copyright offers protection and recognition to the owner of the software. The problem with protecting software is that it is impossible to police properly. That would require walking into every home on the planet and checking each computer to make sure there are no duplicate copies extra copies, illegal copies, etc. Plus, who keeps the actual boxes from all their software? I certainly do not. I could never prove that I was honoring the software copyright if the packaging or receipts were the only way I have of doing so.
Most people in the world today honestly want to do the right thing. Software is one of the most expensive purchases people will often make for their home computers, it only makes sense to buy actual copies that have an actual software copyright in order to protect your investment not only in your software but also in your computer.
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. Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. 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 directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? 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! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law. |