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Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!

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.

From the Publisher’s Desk: How Book Publishing looks from the Other Side (book publishing) Many writers aspire to writing books. Writing a book is a long, involved, difficult process. Book publishing is harder. A writer may submit his book time and time again only to be turned down again and again. He may eventually be successful. Wouldn’t it have been easier to have just gotten published the first time? Is that possible? You can improve your chances if you understand a little bit more about what happens at the publisher’s desk. Book publishers are busy people with several projects crossing their desks every day. They must make fast decisions about what will sell. They must also delegate their time efficiently in order to keep the business running. Only occasionally do publishers actually seek out work. Maybe understanding the work day of a publisher will help you to get a book published. Persistence Has a New Meaning You all know that writers must be persistent. Regardless of how many times you get shot down and your ideas are thrown in the trash, you have to keep going back for more discouragement. The idea is that eventually you’ll make it in the door. If you can get all the way through, you will finally get to the place where more of your work is accepted than declined. When working with the book publishing world, the rule is the same. If you have a book that you know will sell, you can’t give up on getting it onto the publisher’s desk again and again. You probably won’t be sending the entire book, but excerpts from it. As you continually send your manuscript again and again to publisher after publisher, you should try to market it in different ways. Publishers are looking for a particular kind of writing and will dismiss anything that doesn’t look like what they are looking for. Variation in your marketing techniques may turn a rejected book into an accepted book. The Right Stuff Book publishing is a strange area of business. The people’s tastes are somewhat fickle and a book publisher has to keep up with what kinds of books will sell. It seems that technically written mysteries will always have a place on the bookshelves, but it is unclear how many authors readers are willing to get to know. That market may be tied up until Crichton and Grisham are finished. That is just one example from one genre of books though. Publishers have to keep track of what is selling in all areas of literature. The best way for you to get your work noticed is to make it look like the other writing that is selling. Be careful not to imitate style or voice of another author. Write with your own unique words while imitating the use of popular public opinion. Another way to improve your chances of getting your work onto the right publisher’s desk is to find out who’s publishing what. Are You Barking Up the Right Tree? Some publishers specialize in a certain kind of writing. If you are writing a novel, it won’t do you any good to send it to the people who publish technical manuals. How do you find out who is the most likely candidate to publish your work? There are reference manuals at your library that will tell you the kinds of book publishing that is happening. It will contain valuable information leading you to children’s book publishers, novel publishers and textbook publishers. If the handbook at your library is not quite up to date, your next option is to check out the new release and best seller rack at the book store. Buy a few books and read them. You’ll have a much better feel for the market if you are a consumer. Book publishing is a difficult field to break into. It can be helpful to approach the issue from the direction of the publisher. Before you send out your manuscript again, there are things you can do to improve your chances. Change your marketing style so that you just may grab some better attention. Make sure that you are a book consumer yourself. You’ll get a better feel for what’s selling and therefore what a publisher will buy. You’ll also find out who is publishing which types of books. Finally, by buying the product you are trying to sell, you will improve the book economy all together. Publishers need to see people buying books before they can commit to publishing more.