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What is copyright infringement
What Is Copyright Infringement? The Layperson's Copyright Primer
Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law.
What is Copyright Infringement?
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.”
So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse.
What is Copyright Infringement in America?
In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith.
What is Copyright Infringement in action?
Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry.
As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction.
Copyright Infringement Statistics Copyright infringement statistics, by most standards are inflated. Most recent copyright infringement statistics cite that almost 30 percent of software is pirated in the United States of America. This means that they think 30 percent of the software on your computer is illegal… they think we’re all thieves, to an extent. However, copyright holders have good reason to worry that we’re violating their rules: the number of suspects referred to the United States attorneys with an Intellectual Property lead charge increased twenty six percent in the period between 2002 and 2004 – and there have been studies that show that this is rising. Copyright infringement statistics are difficult to come by, but it’s plain to see it’s affecting every aspect of intellectual copy. Copyright infringement statistics show that in addition to software privacy, there are a lot of violations in the music world. Copyright infringement statistics show that many unsuspecting people, from college students to thirty-something a professional, download music on a consistent basis, and often it’s not downloaded legally. Often times, someone will download a song off a MySpace or YouTube page, without giving thought to who really owns the copyright and if it’s legal for them to have it. Copyright infringement statistics, brought to us by the music recording industry, would have us believe that online infringement is seriously hurting the recording industry. A sensible person, however, would realize that with the abundance of MP3 sales sites that this will turn quickly and recording giants will see the huge profits available online. It’s already begun, you see, we have yet to see the impact of online music sales, and how it will increase revenue. I’m sure, with the huge talent pool at their disposal, the media giants will find a way to monetize the internet to their fullest advantage. Copyright infringement statistics also show that many people are downloading games off the internet. With the litany of games available to us – from complete alternate worlds such as World of Warcraft to the more mainstream “The Sims” series, people are clamoring for PC games – and for good reason. They’re fun, intelligent games that play on a system everyone has – a computer. Because of this, people are always looking for new games to play and download, and they may download a game without knowing that it’s not ‘freeware’ (as many internet games are). In addition to computer games, copyright infringement statistics also show that movies are downloaded in abundance on the internet. Many peer to peer file distribution sites and programs (such as bit torrent or Kazaa) allow for the transfer of very large files, and they’re easy to find online. Using a tool provided by one of many suppliers, users can search for any item they like – and, of course, the system is abused and people download copyrighted movies and entire DVDs instead of publicly available works. Copyright infringement also branches into written works, such as articles, books, poems, etc. Many times, a student will copy a paragraph or two without realizing the implications of such copying. While they may think of it as ‘borrowing’, if it’s used on a grander scale, the person could be opening themselves up to a large court fight, especially if it’s used commercially. As you can see, copyright infringement statistics show us that many people are using copyrighted works illegally. Do your best diligence when using another’s work – and ask for permission every time you want to use something that you haven’t created. Chances are, if you just ask the question up front you’ll save yourself from becoming another copyright infringement statistic and save yourself from a major lawsuit. Why Taking that Vacation Can Lead to a Better Workplace Do you love your vacations? Are they relaxing, fun and entertaining? There are many reasons why a vacation can enrich your life and fulfill you with joy and happiness. But many of these reasons actually can also be directly translated into reasons for why taking that vacation can lead to a better workplace for you, your boss and other employees. Vacations are as essential to a hard working employee as a parachute to a person jumping from an airplane with the goal to land safely. Many employers would love to minimize the time you are gone from your workplace because they think the more time you spend there, the more work you will accomplish. This argument is right up to a certain amount of hours and days a months or a year, but whenever your body starts to get tired and exhausted, the amount of work that you produce decreases. The quality of your work starts to decline as well. Time off work, time together with your family, time to relax, time to regenerate and time to just plain have fun are very important in an employees life. Taking a vacation has many benefits to the employee, but also to the company you work for. The more relaxed and happy your worker starts a workday or the workweek; the better will most likely be his or her performances at work. Research has shown that relaxation and regeneration are essential to human bodies. Did you know that in some companies in Europe and Asia, the emphasis on relaxation goes so far that meditation, morning sport and a short power nap belong to their required parts of a work day? The United States is actually one of the only industrialized countries that does not mandate a minimum of vacation days that the worker has to take off. In fact, in many countries in Europe, a minimum of 20 and more days is the norm. Since the late 1970s, the average middle income family works in total hours three and more months a year more then they did back then and according to a research done by Boston College, approximately 25% of Americans do not take a vacation at all. After all these facts are slowly emerging from mounts of collected date, some of the bigger American companies have actually begun to realize that off-time and vacation are essential to prevent mishaps and screwed up designs and products. If you are not taking your vacation or your employers does not allow for any vacation, a series of health hazards such as stress and high stress, sleeplessness, burnout, heart attacks and even more serious health conditions can occur. Another big factor in working too much, working overtime or never having vacation can be problems and loss of family and friends. Problems with families and friends will directly impact performance at work and even though the employee might not talk about it at work or might b e holding back his or her feelings, the mood and general behavior of the employee will have an impact ion his work and other employees. Every employee should value the vacation time given to him or her and employers should grant the time asked for to their employees. Vacation is essential to the performance at work and the quality in products the company can deliver. Following the examples that are set by many European countries, the US should give their employees the time they need and also make sure that their employees do take the time off to be a better employee overall. Vacation is fun, relaxing and regenerating. |