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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 It is important to note that in the U.S. copyright law covers protection for published and unpublished works.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.

Copyright lawyer trademark Learning about a Copyright Lawyer Trademark You may need a copyright lawyer trademark if you own your own website or are an author of a book. If you haven’t already spoke with one you may want to do it very soon to find out if your articles/site can be trademarked or if it is already taken. One way to make sure you have the copyright to all of your work is by making sure you have the little “c” inside the circle at the end of your article or the bottom of your webpage. For instance a slogan can be considered a trademark, think of the milk commercial, remember that certain phrase? You can bet money that had a copyright lawyer trademark it for the milk company. There are many popular household products that have been trademarked; you probably wouldn’t recognize the product without it. Drive down the road and look at how many trademarks you see on restaurants, each one of those famous places had a copyright lawyer trademark their signature. Many products that may need protecting may include songs, products such as household or commercial, designs, ads, etc. If you think the idea is a good one, it probably needs some form of protection and the best person to help you with that is a copyright lawyer trademark. There are actually three forms of trademark that you probably weren’t aware of which is why a good copyright lawyer trademark will come in handy. There is common trademark which is just like it sounds. A state trademark, which means you, filed your trademark with the state in which you reside. An example for this might be a company using their city in their business name. Third is the federal registration trademark, this is a registration that can be renewed every year or forever. Someone that has a website that is becoming popular may want to make sure they reserve their trademark forever so that someone else doesn’t buy it down the road. Keep in mind that just because you buy a domain name doesn’t mean you actually own the trademark, you might actually see another site with the same name. If you don’t want this to be the case, have a copyright lawyer trademark it. A great example of showing you how a copyright lawyer trademark works would be by looking at the recent celebrities that bought the trademarks to their children’s names so no one can cash in on their names. Believe it or not even a copyright lawyer can have a trademark, that’s right they may have their own site or logo on a business card. In this case they’ve probably done all that fancy paperwork that you are getting started to do, which means they’ll have first hand knowledge when it comes time to help you out. This should actually make you feel a lot more comfortable than dealing with a lawyer that just knows the job; this one actually has experience that will help you. Know what you want to be yours and how long you want it; if it is something that you just can’t live without or you know will be worth something someday you may want to hire a copyright lawyer to trademark it. This way it is always yours and you never have to worry about someone else using it, they will always have to have your permission. Not to mention if they ever try suing you for using it you can always prove that you are the owner. Protect your stuff by getting a copyright lawyer trademark all things that matter.

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.