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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.

Evaluating your Free Offers of Stuff Getting free stuff can be a lot of fun, and for many people, the hunt for freebies is as fun as actually enjoying the free products themselves. There is a dark side to freebie offers, however. Many scam artists have come to realize that pretending to offer free things is a great way to trick people into handing over sensitive information about them than can be used in identity theft operations or even bilk them out of cold, hard cash. For that reason, it is important to make sure you know how to stay out there when you’re looking for free offers. There are some things you can do to make sure you freebie hunting only brings you good times – these common sense rules are a great place to start. You’ve heard it a million times before – if it sounds too good to be true, it probably is. The reason you have heard it so many times is that it almost holds water. Think about the reason that companies give away free things. They’re usually not doing it for charity. They want you try to their products in the hope that you will come back to them as a paying customer in the future, and they’re doing it to build good will for their company over all. They’re definitely not doing it go broke. So consider whether the freebie offers you come across make sense according to these criteria. Does it make sense that a company will give you a free bag of their new flavor of chips or a trial size jar of their new face cream? Sure it does, because if you like it, you may buy these products in the future. Does it make sense that a company will give you an all expenses paid, two-week first class trip to Bali for you and ten of your friends? Not so much. Don’t waste your time on these too good to be true freebies – they may end up costing your big time in the long run. By the same token, the more outlandish an offer sounds, the more you have to look for the small print. Sure, maybe the hotel chain is willing to give you a free weekend in their beachfront hotel. The small print in the offer might say that you have to agree to spend 10 hours a day at a sales seminar or that the free weekend is yours after you pay for a two week stay. One particular airline ran an offer for a free coach class plane ticket from New York to London. The small print said you had to buy two, full price first class tickets on that same route before you could get the free on – at a cost of around $8,000 per ticket. Before you jump, make sure you get all of the details. Freebie offers that actually require you to shell out some money are very tricky. Sometimes they are legitimate – after all, if you are accustomed to paying full price first class airfare, a free coach class ticket can be a real score. But many times, when you have to pay to get something for free, that is a red flag that a scammer is at work. You should never send money, even for postage, to a company that you don’t know. Also, keep an eye on the costs for things like postage even if you do know the company name. If they’re asking for $50 postage to send you a free magazine, then you know something is up. Lastly, beware giving out too much personal information. There’s no reason a company giving away free shampoo needs your bank account details. Protect your private info and if you’re unsure, move on to the next freebie offer.

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.