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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.
As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “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.”
Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
Web Hosting - The Internet and How It Works In one sense, detailing the statement in the title would require at least a book. In another sense, it can't be fully explained at all, since there's no central authority that designs or implements the highly distributed entity called The Internet. But the basics can certainly be outlined, simply and briefly. And it's in the interest of any novice web site owner to have some idea of how their tree fits into that gigantic forest, full of complex paths, that is called the Internet. The analogy to a forest is not far off. Every computer is a single plant, sometimes a little bush sometimes a mighty tree. A percentage, to be sure, are weeds we could do without. In networking terminology, the individual plants are called 'nodes' and each one has a domain name and IP address. Connecting those nodes are paths. The Internet, taken in total, is just the collection of all those plants and the pieces that allow for their interconnections - all the nodes and the paths between them. Servers and clients (desktop computers, laptops, PDAs, cell phones and more) make up the most visible parts of the Internet. They store information and programs that make the data accessible. But behind the scenes there are vitally important components - both hardware and software - that make the entire mesh possible and useful. Though there's no single central authority, database, or computer that creates the World Wide Web, it's nonetheless true that not all computers are equal. There is a hierarchy. That hierarchy starts with a tree with many branches: the domain system. Designators like .com, .net, .org, and so forth are familiar to everyone now. Those basic names are stored inside a relatively small number of specialized systems maintained by a few non-profit organizations. They form something called the TLD, the Top Level Domains. From there, company networks and others form what are called the Second Level Domains, such as Microsoft.com. That's further sub-divided into www.Microsoft.com which is, technically, a sub-domain but is sometimes mis-named 'a host' or a domain. A host is the name for one specific computer. That host name may or may not be, for example, 'www' and usually isn't. The domain is the name without the 'www' in front. Finally, at the bottom of the pyramid, are the individual hosts (usually servers) that provide actual information and the means to share it. Those hosts (along with other hardware and software that enable communication, such as routers) form a network. The set of all those networks taken together is the physical aspect of the Internet. There are less obvious aspects, too, that are essential. When you click on a URL (Uniform Resource Locator, such as http://www.microsoft.com) on a web page, your browser sends a request through the Internet to connect and get data. That request, and the data that is returned from the request, is divided up into packets (chunks of data wrapped in routing and control information). That's one of the reasons you will often see your web page getting painted on the screen one section at a time. When the packets take too long to get where they're supposed to go, that's a 'timeout'. Suppose you request a set of names that are stored in a database. Those names, let's suppose get stored in order. But the packets they get shoved into for delivery can arrive at your computer in any order. They're then reassembled and displayed. All those packets can be directed to the proper place because they're associated with a specified IP address, a numeric identifier that designates a host (a computer that 'hosts' data). But those numbers are hard to remember and work with, so names are layered on top, the so-called domain names we started out discussing. Imagine the postal system (the Internet). Each home (domain name) has an address (IP address). Those who live in them (programs) send and receive letters (packets). The letters contain news (database data, email messages, images) that's of interest to the residents. The Internet is very much the same. Patent and copyright law Understanding Patent and Copyright Law Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code. The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals. Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder. For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns. If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future. Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits. Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business |