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US copyright law
U.S. Copyright Law Covers Artistic Expression and Creative and Intellectual Works
The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. Copyrights cover published and unpublished work.
Anyone who is in the creative arts arena should be very careful that they do not violate US Copyright Law. For that matter, anyone who is a fan of the creative arts should make sure they are not in violation of a copyright. Simple things like uploading, downloading and sharing music or movie files can result in serious charges and fines being brought against them. With the popularity of the Internet and file sharing software there many copyrights are currently being violated. Copyright owners are starting to take a stand against them and are hunting down the perpetrators. Be careful that you are not overstepping your boundaries and violating someone’s copyright law.
People caught of copyright infringement Why Are People Caught of Copyright Infringement? When you hear of people caught of copyright infringement, many different things can happen to them. First of all, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely that they will get repercussions from far and wide. First of all, people are always looking for people violating copyright laws. Copyright owners and/or agents surf the internet, so they may find the violations themselves. Usually, is someone finds that people are violating their copyright rights, they’ll notify the person or entities involved and ask that they take the content down, if it’s available on the Internet. They do this by either asking the person directly to take it down, or demanding of the website server to take it down (which they will, immediately, and probably suspend the account) If the person or entity hosting the violation doesn’t take it down, more serious actions will be taken, such as a lawsuit or criminal charge. People caught for copyright infringement do not automatically go to jail, although some entities like major television, music, and movie publishers and distribution channels may lead you to believe otherwise. For the example of YouTube.com, there are many people caught for copyright infringement, but they only need to take down the material. In many cases, YouTube.com will take the material down before the poster (the person who put the copyrighted information on the site to begin with) has a chance to see the warning. Other times, a work will be present on a peer to peer file sharing service, such as Kazaa or Napster, and the host of said service will blame the end user (you!). So, even if you found a file on a file sharing service, such as Kazaa, doesn’t mean the copyright is open for you to take it. Many people caught of copyright infringement have been found through these peer to peer networks, and it has been found time and again that the user that downloads the material gets charged and not the file sharing service. Be careful, if you are ever to use a peer to peer service such as Kazaa (or bit torrent, which is the code/program for another type of peer to peer file distribution tool) that you’re only downloading, and sharing, items that aren’t copyrighted works – or you could be punished severely. Sometimes, people are caught of file sharing from their IP addresses – because they download something from a secure site, their servers can track your IP address (your unique location on the internet, four sets of numbers, separated by periods, with at most three numbers in each set – i.e. 216.239.51.100 which is the IP address of Google.com). So even if you think you’ve bypassed the copyright law, you can still be found years later by tracing that IP address. There are many ways to find people caught of copyright infringement, you can search through Google.com or look through newspaper databases. One thing, however, remains the same in all these cases – the people are downloading, sharing, or in some other way using copyrighted materials. The only problem is, especially in the internet age, is that even if you’re using something anonymously, you can still be tracked – and prosecuted – for the infringement. Be careful, in all you download or use, have the rights to use the item – sometimes it’s as simple as asking permission that will keep you from getting sued or sent to jail. Freebie Etiquette (Yes, There is Such a Thing!) When you are on the hunt for free stuff, it can be easy to be so blinded by the offers that your manners go flying out the window completely. You may also just not realize that when it comes to taking advantage of freebies there is a general code of conduct that it pays to follow. While you are racking up the free stuff, keep these common courtesy rules in mind so that you are doing your part to keep the hunt for freebies fun and enjoyable. Freebie etiquette rule number one is to remember that there is a face behind every freebie, no matter how distant it may seem. Since so many freebies come from websites and you don’t actually have interaction with a human being while you are getting them, it can be very easy to forget that someone (or very likely, a lot of someones) worked hard to bring you that website and that free deal. If you have a problem with a website or a form while trying to get some free stuff, deal with it as respectfully as you would if you had to approach a customer service rep in person. Leaving foul-mouthed posts on a message board or unloading a barrage of outrage on a customer reply form isn’t the way forward. Someone – a real person – will have to help you, and you’ll get a lot further by treating them with respect. Respect is also the name of the game when it comes to rules attached for freebie offers. There are often restrictions in place for taking advantage of free offers, such as the age you have to be to cash in on the offer or how many offers per household can be taken. Sure, there are plenty of ways to get around these rules and “trick” a company into giving you an offer for which you are not really eligible. However, when you try to simply bleed out as many free offers as you can, you’re only making it hard on companies to be able to keep bringing these offers to you. If this freebie isn’t for you, take a back seat and make room for the folks who can take advantage of it. Your time will come. Related to this last rule is the idea of not being too greedy when gobbling up the free stuff. Just because something is free doesn’t mean you should use a “smash and grab” approach and go for as much as you can get of anything you can get. Remember that there are a lot of other people out there who like to get in on the freebies, too, and think about how you would feel if you lost out on something you really wanted because someone came along and took them all. Don’t take more than your share of any free offer, and don’t take things you don’t want or need just because they’re free. Everyone loses when you do that. Last but not least, if you have an opportunity to say thanks for a freebie, grab it. Of course, this can be hard to do when the free offers you are taking advantage of are found on the Internet, but there are still ways. Look for the customer comment field in the request forms you fill out to get your free stuff and leave a quick thank you there. You can also write a thank you on message boards and chat rooms that are associated with the freebie websites. The good will generated by your gratitude will only help convince companies that freebie offers are useful tools for reeling in the customers. |