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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.
People caught of copyright infringement Why Are People Caught of Copyright Infringement? When you hear of people caught of copyright infringement, many different things can happen to them. First of all, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely that they will get repercussions from far and wide. First of all, people are always looking for people violating copyright laws. Copyright owners and/or agents surf the internet, so they may find the violations themselves. Usually, is someone finds that people are violating their copyright rights, they’ll notify the person or entities involved and ask that they take the content down, if it’s available on the Internet. They do this by either asking the person directly to take it down, or demanding of the website server to take it down (which they will, immediately, and probably suspend the account) If the person or entity hosting the violation doesn’t take it down, more serious actions will be taken, such as a lawsuit or criminal charge. People caught for copyright infringement do not automatically go to jail, although some entities like major television, music, and movie publishers and distribution channels may lead you to believe otherwise. For the example of YouTube.com, there are many people caught for copyright infringement, but they only need to take down the material. In many cases, YouTube.com will take the material down before the poster (the person who put the copyrighted information on the site to begin with) has a chance to see the warning. Other times, a work will be present on a peer to peer file sharing service, such as Kazaa or Napster, and the host of said service will blame the end user (you!). So, even if you found a file on a file sharing service, such as Kazaa, doesn’t mean the copyright is open for you to take it. Many people caught of copyright infringement have been found through these peer to peer networks, and it has been found time and again that the user that downloads the material gets charged and not the file sharing service. Be careful, if you are ever to use a peer to peer service such as Kazaa (or bit torrent, which is the code/program for another type of peer to peer file distribution tool) that you’re only downloading, and sharing, items that aren’t copyrighted works – or you could be punished severely. Sometimes, people are caught of file sharing from their IP addresses – because they download something from a secure site, their servers can track your IP address (your unique location on the internet, four sets of numbers, separated by periods, with at most three numbers in each set – i.e. 216.239.51.100 which is the IP address of Google.com). So even if you think you’ve bypassed the copyright law, you can still be found years later by tracing that IP address. There are many ways to find people caught of copyright infringement, you can search through Google.com or look through newspaper databases. One thing, however, remains the same in all these cases – the people are downloading, sharing, or in some other way using copyrighted materials. The only problem is, especially in the internet age, is that even if you’re using something anonymously, you can still be tracked – and prosecuted – for the infringement. Be careful, in all you download or use, have the rights to use the item – sometimes it’s as simple as asking permission that will keep you from getting sued or sent to jail. How to copyright music How to Copyright Music for the Beginner For those wondering how to copyright music the answer can be both long and short. The first thing to remember is that most people are confused about exactly what it means to actually copyright music. Music is actually copyrighted as soon as it is presented in a fixed form. It doesn't really matter whether that fixed form is as written sheet music or as a recording. Most people are looking for solid legal protection and while a copyright is good to have, it is essentially worthless unless you've actually gone to the effort of also registering your copyright. Rather than asking 'how to copyright music', perhaps the better question would be 'what do I do now that I've copyrighted my music?' It doesn't really matter what you call it unless you're moving around in legal or industry circles I suppose, but I've always felt that it's a good idea to have a clue about the process in which you are embarking. Now that we've answered how to copyright music, it's time to move on to the real issue, which is registering your copyright. Music is registered through the U. S. Copyright Office. You will need to fill out an application, pay a fee, and provide a copy of your music. As far as government dealings go, this is one of the least painful. Even the fee is marginal when you consider your 'hopeful' future profits and royalties. All that aside, there is something that is massively satisfying about knowing how to copyright music and having your first piece of music registered. Music is an art form and the ability to write music is nothing insignificant. It is a real talent that is actually quite rare. Many popular musicians today use music that has been written by others either in addition to or rather than music that they have written themselves. Even if you aren't a talented performer, it doesn't mean that your music will never be seen or heard or that you should not bother learning how to copyright music. You just might find that you are more in demand for your particular talents than you would have ever dreamed possible. The big thing to remember though is not to sit around wondering how to copyright music but to get out there and go about the process of creating and making more wonderful music to share with the world. It takes all kinds of music to keep this world turning and there is someone out there that is waiting to hear the music that you create. The process of how to copyright music is completely free. The process of registering your copyright is worth every penny you will spend. It is important to protect your music now more than ever with piracy and widespread downloading providing significant reductions in profits for everyone involved. The music industry is also a very fickle industry and you need to maximize your profit potential and usefulness. Once you understand how to copyright music, you need to make sure every piece of music you have has been copyrighted, then you need to go through your music and systematically register each and every piece as well. Even if you must do one piece at a time until you manage to register the copyright on them all, it is much better to be safe than sorry should you ever go to trial in a copyright infringement case. Also remember to pay it forward and support up and coming musicians by sharing the information of how to copyright music and how to register copyrights as well. |