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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.

Writers Block: What Causes it and How to Overcome it (writers block) If you are a writer then you know what I am talking about. You have everything ready, a drink, a snack, the topic, and even reference material. You sit down ready to start typing or writing, which ever you prefer, and it happens. You are stuck, your mind is blank and you have no idea how to fill that blank canvas in front of you. It is a writer’s worse nightmare come true. You have writers block. First you need to figure out what is causing it. There are a multitude of things that can be causing it. Stress is one of the biggest factors that cause writers block. Whether it is stress caused by personal matters, deadline dates, or fearing your article won’t be good enough it can block the words from flowing as easily as the should. Sleep deprivation doesn’t let your mind function to its full potential. Getting a good night’s sleep is imperative to having a clear mind and being able to focus. The project itself could be causing the writers block. A topic you are not interested in can easily turn your normally resourceful mind into jelly. The research on that topic turns into a grueling task. Then trying to put the words on paper that make sense and will peak someone’s interest seem impossible. If a topic has personal meaning to you it can be hard to write objectively about it. A simple informative topic can easily become a personal rant session. Writing because you have to, not because you want to makes it hard to concentrate and focus. Now that the basic causes have been covered, you need to know how to fix it. Writers block is not permanent. Identifying the reason is the hard part. Relax. The world is not going to end if the article isn’t as perfect as you feel it should be. Just because you don’t think it is perfect doesn’t mean someone else won’t. Go and read some of your previous writings. Even if what you read has nothing to do with your current topic, it can be inspirational to you. Don’t burn yourself out on a topic. Try to split up the writing process. Research and brainstorm one day and write the next. This will give you time to think about your topic and figure out the angle you want to write. Talk your way through it. Call a friend or colleague and chat. Tell them the topic you are working on and get their opinions or ideas. They may be able to offer fresh insight and ideas. Work on multiple projects at one time if you can. Bouncing back and forth between a few topics can keep your mind hopping and will keep boredom at bay. Take a break from you current project and write about something that motivates you. Chances are once you get those creative juices flowing they will continue into your next project. Make yourself a schedule and stick to it. If your schedule says 500 words by noon, write your 500 words and stop. Even if you don’t have a project going, by writing daily you will stick to your schedule and keeps your imagination going. If you write from home, which most of freelance writers do, make a quiet time and treat it like a real job. If you have young children at home, write while they nap. Let your answering machine be your secretary. If it is important they will leave a message. Most importantly remember why you started writing in the first place. Even the best of the best have gotten writers block at one time or another.

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.