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Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under “architectural works” was later added in 1990.
What is unique about the United States copyright law is that it is 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. The Copyright Law Act covers published and unpublished work.
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. Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself! |