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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.
Software copyright act The Software Copyright Act was a Great Step in the Right Direction The software copyright act, which is actually called the Digital Millennium Copyright Act has given software developers a little more power when it comes to protecting their works. If you've bought software in the last few years I'm sure you've noticed some of the changes that have been made in the software buying process. If not, then you really should wake up and take note. Some of the more noteworthy achievements of this act are the following: 1) It is now a crime to go around anti-piracy measures in software. 2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software. 3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online. The problem isn't the people want to be bad or do something wrong. Most of us by nature want to do the right thing. The problem lies in educating people to the fact that it really is stealing when you bootleg, pirate, illegally download, or otherwise acquire copies of software that you didn't pay for. It's one of those 'white lie' types of crimes for most people and they don't really see how it will hurt anyone for them to copy a game that their brother, cousin, uncle, or friend has. Someone paid for it after all. The problem is that at $50 plus being the average price for computer games and simple software if 10 million people are doing it, the numbers are staggering and they add up quickly. The software copyright act sought to protect businesses from losing money this way. The software copyright act was the worldwide response to a growing problem. This problem was so widespread with illegal downloading of music that lawsuits and massive commercial ad campaigns were initiated in order to curtail illegal downloading activities when it comes to music. It seems to be working to some degree. Fewer people are illegally downloading music; the downside is that these people aren't buying as much music either. The reason is because they are no longer being exposed to the wide variety of music and artists that they were getting freely when downloading music each night at no cost. This equals lower record sales and is becoming a problem of lower movie sales and software sales as well. People aren't trying new games like they could before the software copyright act by going to LAN parties and everyone sharing a copy to play, now everyone has to own a copy before they can play. While this may be great for the companies that make a few (a minimal few at best) extra sales on the games for the sake of a great party but for the most part, it is costing them the extra money that could be made by 10 people finding they liked the game enough to go out and buy it so they could play it whenever (and the next group of 10 they will introduce the game to) Gamers are a funny group and software copyright act or no, they are going to stick with the software and games that serve them best. The software copyright act was created in order to protect the rights of those writing and developing computer software. We want those who fill our lives with fun games, useful tools, and great ways to connect to friends and family to continue providing these great services and to get paid for the ones they've already provided. The software copyright act is one giant step in the right direction as far as I'm concerned. From the Publisher’s Desk: How Book Publishing looks from the Other Side (book publishing) Many writers aspire to writing books. Writing a book is a long, involved, difficult process. Book publishing is harder. A writer may submit his book time and time again only to be turned down again and again. He may eventually be successful. Wouldn’t it have been easier to have just gotten published the first time? Is that possible? You can improve your chances if you understand a little bit more about what happens at the publisher’s desk. Book publishers are busy people with several projects crossing their desks every day. They must make fast decisions about what will sell. They must also delegate their time efficiently in order to keep the business running. Only occasionally do publishers actually seek out work. Maybe understanding the work day of a publisher will help you to get a book published. Persistence Has a New Meaning You all know that writers must be persistent. Regardless of how many times you get shot down and your ideas are thrown in the trash, you have to keep going back for more discouragement. The idea is that eventually you’ll make it in the door. If you can get all the way through, you will finally get to the place where more of your work is accepted than declined. When working with the book publishing world, the rule is the same. If you have a book that you know will sell, you can’t give up on getting it onto the publisher’s desk again and again. You probably won’t be sending the entire book, but excerpts from it. As you continually send your manuscript again and again to publisher after publisher, you should try to market it in different ways. Publishers are looking for a particular kind of writing and will dismiss anything that doesn’t look like what they are looking for. Variation in your marketing techniques may turn a rejected book into an accepted book. The Right Stuff Book publishing is a strange area of business. The people’s tastes are somewhat fickle and a book publisher has to keep up with what kinds of books will sell. It seems that technically written mysteries will always have a place on the bookshelves, but it is unclear how many authors readers are willing to get to know. That market may be tied up until Crichton and Grisham are finished. That is just one example from one genre of books though. Publishers have to keep track of what is selling in all areas of literature. The best way for you to get your work noticed is to make it look like the other writing that is selling. Be careful not to imitate style or voice of another author. Write with your own unique words while imitating the use of popular public opinion. Another way to improve your chances of getting your work onto the right publisher’s desk is to find out who’s publishing what. Are You Barking Up the Right Tree? Some publishers specialize in a certain kind of writing. If you are writing a novel, it won’t do you any good to send it to the people who publish technical manuals. How do you find out who is the most likely candidate to publish your work? There are reference manuals at your library that will tell you the kinds of book publishing that is happening. It will contain valuable information leading you to children’s book publishers, novel publishers and textbook publishers. If the handbook at your library is not quite up to date, your next option is to check out the new release and best seller rack at the book store. Buy a few books and read them. You’ll have a much better feel for the market if you are a consumer. Book publishing is a difficult field to break into. It can be helpful to approach the issue from the direction of the publisher. Before you send out your manuscript again, there are things you can do to improve your chances. Change your marketing style so that you just may grab some better attention. Make sure that you are a book consumer yourself. You’ll get a better feel for what’s selling and therefore what a publisher will buy. You’ll also find out who is publishing which types of books. Finally, by buying the product you are trying to sell, you will improve the book economy all together. Publishers need to see people buying books before they can commit to publishing more. |