Welcome to oliveandanarrow.com
|
Music copyright infringement
How Does Music Copyright Infringement Affect Me?
Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States.
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.”
We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago.
However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed.
Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts.
While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’
It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control.
A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security.
As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned.
Quest of Becoming a Writer (becoming a writer) Finding ones’ true calling is one of the hardest things in life. There are some people who believe that they are meant to sing, or dance, or even write. Like all things, becoming a writer is a process and there are many hurdles and even steps, potential writers must take in their quest of making their writing dream come true. It has been said that the art of writing is exploration of you, your own thoughts, your own motivations, and your own goals. However, there is much more to being a writer that just learning to be a good writer. Potential writers must realize that a career writer is one that recognizes writing as a profession and craft that can be turned into a career. The first step to becoming a writer is the most obvious, which is writing. If one is going to make writing their career then they must write first. There are many who believe that writers have no excuse not to write. A writer who does not want to write may be classified as someone who doesn’t want to be a writer. However, there are many people who don’t have the time to write, and in some cases it is best for potential writers to get jobs that make use of their writing skills. Most writers believe that to become a writer you must work as a fiction writer, but there are many jobs that offer the experience needed to become a professional writer. Although the creative process may not be the same as writing fiction, by acquiring a job that uses their writing skills, potential writers will be able to write more creatively and efficiently as fiction writers. Nonfiction writing jobs include, journalism, becoming a technical writer, becoming a technical editing, science writing, marketing communications, sales writing, resume writing, freelancing, and many more. There are many writers who don’t believe that they have to write or obtain a job in writing to become a great writer, but writing is the key to becoming a writer. Another key step for potential writers is to use logic to create the vision, and to achieve the desired goal. Before writing, it is important to think about what you want to write, instead of thinking of what can be gain from writing. It is typical for many writers to site personal gain as their reason for writing, instead of financial gain. There are some who believe that you can’t put a price on pursuing a dream. Becoming a writer also requires working long, and odd hours. A creative idea may strike at any moment, and it is advisable for writers to write and to expand their ideas, no matter what time of day it may be. Potential professional writers should also become comfortable with their place as a writer, and comfortable with their own creative process. If you are going to write, it is best to find a process that works best for you, and to use that process in all of your endeavors as a writer. Writers who have a steady process and who strive to become better and to write more will eventually achieve the success they want. Potential writers should also know that writers’ block is not real, and many times writers cannot write, because they are lacking something and may need to fill a need in order to return to their comfortable place of writing. Becoming a writer is not easy and many writers may run away when they see all the hard work that is required. However, there are many who pursue their dreams and who become the writers they always wanted to be. So, while it may be easy to run away, it is always more rewarding to face a challenge and come out on the other end as the victor, and for many that means becoming a writer. 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. |