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Events of copyright infringement
The Events of Copyright Infringement: Innocent People Infringing Accidentally
Copyright infringement is in the news a lot lately – it’s hard to miss stories about kids being carted off to jail or seriously fined for downloading music or movies off the internet. I’ve even heard about a lady was fined for tens of thousands of dollars because of the events of copyright infringement – her grandson downloading music, and she couldn’t prove it wasn’t her.
The events of copyright infringement are complicated – and not easy to define.
Surfing the internet has its advantages and disadvantages, that’s for sure. We’re able to find useful information quickly, but how close are we pertaining to copyright laws? Do we even know what is and is not acceptable? A couple of the more pertinent questions have been asked below:
If you hear a great new band, and then download a song from MySpace, is that legal or not?
The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. If you download a song - no matter if you’re on a website or a MySpace page - and it isn’t coming from the artist themselves, you may want to think about downloading it. Chances are, if it’s not coming from them, you can’t have it – unless it is under a Creative Commons License. Creative Commons gives the exact ways in which you can use the license – and many times those are completely free and legal to download – so make sure you check if it’s under a CC License.
If I’m writing a paper, or article, and I want to quote another website, can I?
First of all, did you know the minute you write or create something, you hold the copyright to it? ESPECIALLY if you’re writing it online – it’s very easy to track things in the internet page. So, if you’re writing a blog, all the things you’ve written (no matter good or bad) are there permanently, thanks to archive.org, and you can review last versions of your web pages.
Sometimes, people we can use – rather heavily – someone else’s work in our own, and think we’re small and anonymous. That no one will notice by the time you get it down – you’re just ‘borrowing’ it. Before you begin quoting anyone’s website – from CNN to your local neighborhood hardware store – you need to ask the person who holds the copyright if you can. Usually, they’ll let you if you attribute to them. Depending who you talk to, you’ll either have to pay royalties or license rights to republish. If you don’t ask before you quote, you’re beginning the events of copyright infringement and you are opening yourself up for a lawsuit.
As you can see, the events of copyright infringement can begin at any time, beginning with normal ‘everyday’ activities. It’s just as easy to infringe on as it is to be infringed upon. Make sure you check your copyright using CopyScape or some other service, and you can check your work against other works on the internet, and make sure that you’re not infringing someone or vice versa. In this day it’s easy to protect yourself from getting infringed upon, and the events of copyright infringement are easy to track. It’s easy for innocent people to get caught in copyright infringement, like children they didn’t know what they could and couldn’t do. Make sure, in all you do, that you’re striving to do the best you can, and you’ll be certain not to fall victim to your own infringing demons.
Following Up on Fallacies about Getting Free Stuff “Free stuff” – the mere whisper of the words is often enough to make many people throw common sense out the window and head for the free goods like a missile to a target. And then there are those people whose eyes glaze over when they hear those words, because they can’t believe anything worth having can actually be free. The truth about free stuff is really somewhere in the middle. Yes, you can really and truly cash in on many freebie deals for things that you want to have, but a healthy sense of cynicism about free gear is also useful. Here are some of the important things to keep in mind about free stuff. The first myth you should throw out the window is that nothing good comes for free. The fact of the matter is that the price tag on a good doesn’t always match up to the quality, and there are many great free things out there. Case in point: music. Sure, everyone has heard the scare stories about file sharing online, and maybe some big record labels will come after you if you focus on their artists. Dig a little below the surface, however, and you can find a whole new world of really great bands that are more than happy for you to listen to their music over and over again. The same goes for free software. People on the cutting edge of technology who have a passion for creating new and efficient applications often develop open source code software. They’re doing it for the love of it, and they often have more talent than any ten suit-and-tie tech guys trying to hock their latest product for a mega profit margin. Here is where the reality part comes in, however. Yes, you can find wonderful things that are completely free – but yes, you can also find a lot of free things that aren’t worth your time at all and in some cases can cause you a lot of trouble. The net is a great place to fall victim to a “free stuff” scam, but you can also sometimes come across these scams in the mail as well. If something is free, but requires you to give your credit card number or bank details, run the other way. Another myth people have about free stuff, especially free stuff on the internet, is that when you try to cash in, the only free stuff you will be getting is an inbox full of more spam than you can handle. The truth about this is, well, that is can certainly be true. Many companies give away free things in exchange for your email address, so they can try to hit you up to purchase things in the future. What makes this a myth, however, is that it can be avoided. If you don’t want to choke on an inbox of spam, and who could blame you, set up a special (free) email account that you will use exclusively for freebie hunting. You’ll have the best of both worlds. The last myth about free stuff involves the “catch” people are always looking for. Often, for free stuff, the catch is a bit of junk mail or email or the fact that you have to submit to a time consuming survey. Sometimes, the catch is that if you get free stuff through a trial offer, if you don’t cancel it, it keeps coming, and this time you have to pay. The truth about these catches is, however, that the catch is in the eye of the beholder. These things don’t make products any less free; so don’t write off every free offer offhand. You might just find a catch you can live with to get a great free product you really want. 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. |