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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.

Copyright Infringement Statistics Copyright infringement statistics, by most standards are inflated. Most recent copyright infringement statistics cite that almost 30 percent of software is pirated in the United States of America. This means that they think 30 percent of the software on your computer is illegal… they think we’re all thieves, to an extent. However, copyright holders have good reason to worry that we’re violating their rules: the number of suspects referred to the United States attorneys with an Intellectual Property lead charge increased twenty six percent in the period between 2002 and 2004 – and there have been studies that show that this is rising. Copyright infringement statistics are difficult to come by, but it’s plain to see it’s affecting every aspect of intellectual copy. Copyright infringement statistics show that in addition to software privacy, there are a lot of violations in the music world. Copyright infringement statistics show that many unsuspecting people, from college students to thirty-something a professional, download music on a consistent basis, and often it’s not downloaded legally. Often times, someone will download a song off a MySpace or YouTube page, without giving thought to who really owns the copyright and if it’s legal for them to have it. Copyright infringement statistics, brought to us by the music recording industry, would have us believe that online infringement is seriously hurting the recording industry. A sensible person, however, would realize that with the abundance of MP3 sales sites that this will turn quickly and recording giants will see the huge profits available online. It’s already begun, you see, we have yet to see the impact of online music sales, and how it will increase revenue. I’m sure, with the huge talent pool at their disposal, the media giants will find a way to monetize the internet to their fullest advantage. Copyright infringement statistics also show that many people are downloading games off the internet. With the litany of games available to us – from complete alternate worlds such as World of Warcraft to the more mainstream “The Sims” series, people are clamoring for PC games – and for good reason. They’re fun, intelligent games that play on a system everyone has – a computer. Because of this, people are always looking for new games to play and download, and they may download a game without knowing that it’s not ‘freeware’ (as many internet games are). In addition to computer games, copyright infringement statistics also show that movies are downloaded in abundance on the internet. Many peer to peer file distribution sites and programs (such as bit torrent or Kazaa) allow for the transfer of very large files, and they’re easy to find online. Using a tool provided by one of many suppliers, users can search for any item they like – and, of course, the system is abused and people download copyrighted movies and entire DVDs instead of publicly available works. Copyright infringement also branches into written works, such as articles, books, poems, etc. Many times, a student will copy a paragraph or two without realizing the implications of such copying. While they may think of it as ‘borrowing’, if it’s used on a grander scale, the person could be opening themselves up to a large court fight, especially if it’s used commercially. As you can see, copyright infringement statistics show us that many people are using copyrighted works illegally. Do your best diligence when using another’s work – and ask for permission every time you want to use something that you haven’t created. Chances are, if you just ask the question up front you’ll save yourself from becoming another copyright infringement statistic and save yourself from a major lawsuit.

Examine the Interior of Publishing Companies (publishing companies) The publishing company can be seen as the backbone of the writing world. Written words seemingly would not have been able to be seen without publishing companies. The publishing company provides a great service to society by publishing and displaying the work of authors. The existence of publishers is obvious, but the interior of the publishing world and its companies is unknown by many people. Publishing is known as an apprenticeship industry, which means that most of the knowledge needed by a publishing professional will be learned with hands-on experience on the job. Generally, information that is learned in one department of a company is useful throughout the publishing house, which gives professionals the opportunity to move between departments. There are many levels to a publishing company and they all have different functions. The administrative level is the first level of any company, and has many responsibilities in the functioning publishing companies. The administrative department is responsible for managing daily operations for publishing executives and management. This responsibility involves interaction with all of the employees from all of the departments, as well as interaction with authors and agents. The administrative employees are required to manage the calendar, maintain organized files, screen/prioritize mail, draft correspondence, make travel arrangements and prepare itineraries, process expense reports, take minutes at meetings and prepare reports. A position as an administrative employee allows a person to have a high-level of understanding of a publishing company, while being visible to executives. Advertising is another division of publishing companies. Most publishing companies have in-house advertising agencies that purchase media space and create and design advertisements. In a publishing company, the advertising department works closely with the marketing directors, editors, and publishers of titles to create an advertising plan that will promote sales of an individual book. Every advertising plan requires research and negotiation to provide the best venues and the most cost-effective methods of advertisement. These employees also work closely with graphic designers, commercial sales representatives, printing presses, and internal staff to facilitate the run of advertisements. The editorial department of a publishing house is one of the most important departments. This department acquires, negotiates, develops, and edits book projects for publication. The daily activities of editorial employees include preparing acquisitions for transmittal to the production department, developing and maintaining relationships with authors, booksellers, and agents, performing general administrative duties, participating in editorial, design and marketing meetings, and reading and evaluating submissions by writing reader’s reports. The editorial department must work closely with all departments. Another division of publishing companies is the marketing department. The marketing department has the responsibility of creating, preparing, and establishing marketing strategies and policies for each title by coordinating the efforts of the publicity, promotion, advertising, online, and sales departments. The marketing department is responsible for preparing all sales presentation materials, audio recordings, fact sheet collation, and promotions, creating and producing additional account-specific presentation materials, researching and establishing relations with new markets, and planning and maintaining sales and marketing schedules. The publisher’s office is also an important department for many publishing companies. The publishers oversee the life cycle of a title from acquisition to production, and onto the sales force. Publishers are responsible for making executive decisions for all titles within assigned imprints while staying within any cost restraints. This department is also responsible for sponsoring book projects, strategies, and initiatives for the publishing company. The subsidiary rights and permissions department is also one of the most important divisions of a publishing company. This department finds additional sources of profit for a given title, including serials, book clubs, and paperback, audio and e-book rights. The daily activities for the subsidiary department include writing submission letters, sending manuscripts, proposals, and books to foreign publishers and agents, coordinating co-productions with other publishers, working with book clubs and sales for special editions, and maintaining relationships with other publishing companies. Publishing companies have many divisions, including, sales, purchasing, publicity, promotion, production, managing editorial, legal contracts Internet development, information technology, human resources, finance, art and design, and audio.