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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.
As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “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.”
Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
The Many Faces of The Ghostwriting Professional (ghostwriting) Ghostwriting may seem distasteful to some writers, but it is the preferred profession for many writers. Some writers are more satisfied with the act of writing than have their name known by consumers. A ghostwriter is a writer who is paid to write books, articles, stories, and reports that are credited to another person. Ghostwriters have been used by many professionals, including celebrities, executives, and political leader. The writers are usually hired to draft or edit autobiographies, magazine articles, speeches, and other material. The ghostwriter is not always left out; they may sometimes be acknowledged by the author or publisher for assisting in creating the finished product. Ghostwriters have a very important role in the world, and there are many different types of ghostwriters, including nonfiction, fiction, political, medical, blog, and academic writers. Ghostwriters provide an important service to many of their clients. Some people hire ghostwriters to polish and edit a rough draft of their articles and books. If a ghostwriter is used to edit a book or article, most of the language in the finished product will be that of the credited author. Although, some books and articles could not be finished with the help provided by ghostwriting. Typically, ghostwriters are hired to write most of the work, using concepts and stories provided by the author who receives credit. A writer, who writes most or all of the work, will do extensive research on the client or their area of expertise. Ghostwriters always prepare a book or article with input from their client, and the credited authors may provide a basic framework of ideas at the outset, or may provide comments on the final draft of a project. Autobiographies are a common project offered to writers in the field of ghostwriting. When writing an autobiography, ghostwriters typically interview the client, their colleagues, their friends and family, and may also find interviews, articles and video footage relating to the client they are writing for. Ghostwriting may be needed for several reasons and may be needed by many types of people. In most cases, a ghostwriter is needed for a celebrity or public figure who does not have the time, discipline, or writing skills required to write and research an autobiography or other types of books. Publishers to increase the number of books that can be published each year by a well-known author may also recruit the writers. There are many types of ghostwriters, including the nonfiction ghostwriter. In ghostwriting, the nonfiction writer is used by celebrities and public figures that want autobiographies or memoirs published. Nonfiction ghostwriters may also be used to write “how-to” books, or used to write books for professionals in a certain field. Fiction ghostwriters are another type of ghostwriter, which are usually employed by fiction publishers. Political ghostwriters provide their ghostwriting services to public officials and politicians. These political figures employ ghostwriters to respond to the large volume of correspondence they receive. The writers typically draft response letters for the correspondence that is received. Medical ghostwriters are often hired by pharmaceutical companies to produce papers in medical and scientific journals on the outcomes of medications. Some physicians and scientists from academia may also be paid for the use of their name, which enhances credibility of the study. Many professionals have criticized the use of medical ghostwriting, but it is a common practice that seems to have no decrease in action. A web log or blog ghostwriter is one of the newest types of ghostwriters. Many blog operators use ghostwriters to help generate interest in their blog site. These ghostwriters are hired to post comments to their blog, while posing as others by using pseudonyms. This practice is used to generate more traffic and encourage more real posts. Academic ghostwriters are often used by university and college students, and are hired through essay mills to write entrance essays, term paper, and theses and dissertations. Ghostwriting is not desirable for many writers, but ghostwriters seem to provide a much needed service to the writing community. Patent and copyright law Understanding Patent and Copyright Law Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code. The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals. Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder. For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns. If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future. Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits. Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business |