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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.

Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. 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? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. 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! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.

International Copyright Law Surprise! There Is No International Copyright Law Many people are surprised to learn that there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection to what is deemed as “foreign” works. International conventions and treaties have done much to protect owners of copyrights around the world. With the world seemingly becoming smaller every day the United States took a look at its stance on the European copyright treaty known as the Berne Convention. Basically, the Berne Convention of 1886 involved European nations coming together to seek a uniform copyright law to keep their copyright owners from having to register for copyrights in individuals European countries. The United States signed on to the Berne Convention introduced made it into a U.S. law known as the Berne Implementation Act of 1988. If you are seeking to have your work protected in a particular country you need to find out what kind of protection foreign authors have in that country. Some countries offer little or not protection to foreign authors. It should be noted that the U.S. Copyright Office is not allowed to give authors recommendations or the names of attorneys or agents that could help them understand foreign copyright laws. However, with a little investigation it is not hard to find someone who is an expert on foreign copyright law. These individuals can help you learn more about copyright protection and how your work is deemed in a foreign country. Someone who works in international copyright law will tell you that it is different than most other sectors of law. It involves knowing the copyright law of two or more countries. Every country has their own way of granting and protecting someone’s copyright. The individual criteria of each country must be taken into consideration when you are dealing with international copyright law. It is important to note that some countries do not have any intellectual property rights and some countries even grant more copyright protections than even the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty listed above. If you are interested in pursuing a degree in law, you may want to explore the international copyright law sector. With the world becoming one big neighborhood, you will probably not lack for work. People that have copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true that the United States has signed treaties with some nations, your work will not be protected in every country of the world. As stated, the United States is a member of the Berne treaty. In addition, the United States is a member of the WIPO Copyright Treaty. This treaty works in conjunction with the Berne treaty yet it also covers and gives protection to databases and computer programs. If you would like more information on international copyright law you should check with an attorney who specializes in international copyright law.