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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.

Communication Key to a Better Work Environment Everyone knows the story of A Christmas Carole. On Christmas Eve, poor Bob Cratchit, who is working late again, spends his day working up the courage to ask his boss, Mr. Scrooge, if he can have Christmas Day off from work to spend with his family. When he finally does get up the nerve to ask, Mr. Scrooge lets forth a tirade over lazy people using Christmas as an excuse to have a day a off from work. This fictional story unfortunately rings true for a lot of people who have to work up the courage to ask for things from their employers. An employee who has to feel about their employer the way Bob Cratchit felt about Mr. Scrooge is not a very happy and productive employee. To get the most of out of your workers, you have to create a much more hospitable working environment. To create a better working environment, keeping the lines of communication open is absolutely crucial. How does communication work in your office? Do you get the impression that everyone is walking around on eggshells around you? While this kind of fear from your employees may be good for your ego in some senses, it is really bad for your business. When your employees don’t feel like they can talk to you, you will lose control over what is going on with your business. You may be the boss, but your employees are the ones who are actually on the front lines. To know what is really going on out there, you need your employees to communicate honestly with you. If they feel that you are unapproachable, they will hide problems and concerns from you, and you won’t be able to act to fix them. You can’t expect to run your business with half of the information about what is actually going on, and so your business will suffer for your “mean boss” routine. There are still other problems with creating an office environment in which your employees feel like you are unapproachable. In general, there will be a dark cloud over the office when you are around. The stress will keep employee morale low, and employees with low morale are employees with low productivity. Besides, who wants to work hard for someone they cannot approach or who doesn’t show they any respect? Shutting down those lines of communication will definitely affect your bottom line as employees “phone it in” because they don’t feel invested in making your business a success. If you want a better working environment, you have to improve the lines of communication. If there has been a communication breakdown in the past, take the time to address it with your staff. If you staff is small, talk to them each one on one, letting them know that your door is always open and that you want more regular communication with them. If you have a larger staff, schedule a meeting to address the issue. Weekly office meetings are a great way to keep communication channels open and swap ideas in the office environment. If weekly meetings are not feasible, find some way of touching base with your staff on a regular basis, either through weekly emails or a weekly newsletter. Also, you should encourage your staff to communicate with each other. Sharing information among the staff is a great way to generate fresh ideas and fresh approaches to problems. If your office is suffering from a communication problem, make nipping it in the bud a priority. The pay off will be more productive workers and a whole lot less stress. Who knew work could actually be a pleasant place to be?

Software copyright Software Copyright Difficult to Enforce For those of you who love computer games, you probably know more about software copyright than you ever thought you'd want to know-especially if you have or have ever owned multiple computers. Most new games not only come with special copyrights but also built in security features that are designed to enforce those copyrights. Some have even gone so far as selling you the right to 'use' the material you are purchasing rather than providing you with actual ownership of the software to which they own the software copyright. That bothered me a bit at first, but I've come to understand it's another way of protecting them and their rights as well as controlling or limiting how you use the software they provide. Software copyright is actually quite confusing and hotly debated. Many stores will not accept opened software as returns because the software companies won't reimburse them for the product and they are left holding the bag. It doesn't sound like much but when you think of literally thousands of consumers attempting to return opened software because they didn't like or worse, they only needed to download and install it for it to actually run. Companies that produce computer software have become savvy to the ways of the modern consumer. Those companies that produce computer games especially require that the disk actually be in your player in order for the game to operate properly. This enforced the software copyright to the extent that two people can't reasonably share ownership of the same game, as they both need an actual disk in order to operate the games. But for every solution there is a hacker or budding programmer that creates a new problem for software makers and holders of software copyright to face. One of the latest problems is the virtual CD. The long and short of this is that the computer is tricked into 'seeing' the CD where it should be and carries out the game as though it were. Another important thing to note about software copyright is that there are many programs available that mimic some of the more notable applications for no fee. These are often referred to as open source software and often have excellent if not superior quality to similar programs that are available for fees. One thing I've noticed is that I will often find free open source software, download it, love it and a few months later I will find a more polished version of the same software, by the same company available with a few more bells and whistles for a fee. The new improved software has a software copyright and is not free to consumers but it is also a much better version than what I currently have. It's a great way for new software developers to make names for themselves and get volunteers for the testing process of their development phase. A software copyright offers protection and recognition to the owner of the software. The problem with protecting software is that it is impossible to police properly. That would require walking into every home on the planet and checking each computer to make sure there are no duplicate copies extra copies, illegal copies, etc. Plus, who keeps the actual boxes from all their software? I certainly do not. I could never prove that I was honoring the software copyright if the packaging or receipts were the only way I have of doing so. Most people in the world today honestly want to do the right thing. Software is one of the most expensive purchases people will often make for their home computers, it only makes sense to buy actual copies that have an actual software copyright in order to protect your investment not only in your software but also in your computer.