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Copyright law
Understanding Copyright Law
Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions.
Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works.
Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person.
Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement.
Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death.
The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain.
Software copyright statement A Software Copyright Statement Protects Current and Future Works If you have a site that is dedicated to the sharing and distribution of open source software it is a great idea to have a software copyright statement that explains the limits of use for your software as well as the limits of your responsibility for those uses. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of. A software copyright statement doesn't have to be a 10 page booklet on the law or the protections that copyright offers, it should be a simple short paragraph stating the basics and hopefully covering your rear from litigation and/or responsibility should someone use the software you are allowing them to use for something insanely stupid or frighteningly criminal while establishing your ownership of the material and expectations of those you are allowing to use your creation. This for some is a no brainer because they've done it before and know the ropes. There are new software developers born and made each and every day and this type of software copyright statement may serve to save them a little grief of their own some day. If you are being kind enough to freely share the software you created with others, you'd like to think that they would at least return the favor of using it within the letter of the law or the manner in which it was intended. This, however, is rarely the case so protecting yourself, your copyright, and your future interests by posting a software copyright statement on your website is really the best way to go in a situation such as this. Trust me I'm not trying to talk anyone out of sharing his or her software with the world. I rather like open source software and admit to using it freely (no pun intended). I love saving money almost as much as I love playing around with new technology. Software allows me to do that and find likes and dislikes about all kinds of programs. Issuing a software copyright statement is one way of protecting your investment of time, effort, energy, and sheer brilliance in the making and design of your technological masterpiece. Hopefully that flattery will keep you going a bit longer at any rate. It is important to know that a software copyright statement is only part of the process required to protect your software but for the most part poses a significant deterrent to those that would abuse your copyright and/or your kindness in allowing the distribution of your software. Even if you are charging people for the use of your software (we are a nation of capitalists after all) you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution. Your software copyright statement is a very small protection for your software don't expect it to be the brunt of your protection. Most of the software developers, coders, and programmers (and any other name you wish to call them) that I know aren't as concerned nearly as much about associating their name with the products they create as they are with protecting future potential income from both the products they are currently designing and the future, improvements they will make to the software and the much improved finished product that comes later. By protecting all your work with a software copyright statement you are not only protecting current works but future works as well. Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law. |