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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.

Software copyright statement A Software Copyright Statement Protects Current and Future Works If you have a site that is dedicated to the sharing and distribution of open source software it is a great idea to have a software copyright statement that explains the limits of use for your software as well as the limits of your responsibility for those uses. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of. A software copyright statement doesn't have to be a 10 page booklet on the law or the protections that copyright offers, it should be a simple short paragraph stating the basics and hopefully covering your rear from litigation and/or responsibility should someone use the software you are allowing them to use for something insanely stupid or frighteningly criminal while establishing your ownership of the material and expectations of those you are allowing to use your creation. This for some is a no brainer because they've done it before and know the ropes. There are new software developers born and made each and every day and this type of software copyright statement may serve to save them a little grief of their own some day. If you are being kind enough to freely share the software you created with others, you'd like to think that they would at least return the favor of using it within the letter of the law or the manner in which it was intended. This, however, is rarely the case so protecting yourself, your copyright, and your future interests by posting a software copyright statement on your website is really the best way to go in a situation such as this. Trust me I'm not trying to talk anyone out of sharing his or her software with the world. I rather like open source software and admit to using it freely (no pun intended). I love saving money almost as much as I love playing around with new technology. Software allows me to do that and find likes and dislikes about all kinds of programs. Issuing a software copyright statement is one way of protecting your investment of time, effort, energy, and sheer brilliance in the making and design of your technological masterpiece. Hopefully that flattery will keep you going a bit longer at any rate. It is important to know that a software copyright statement is only part of the process required to protect your software but for the most part poses a significant deterrent to those that would abuse your copyright and/or your kindness in allowing the distribution of your software. Even if you are charging people for the use of your software (we are a nation of capitalists after all) you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution. Your software copyright statement is a very small protection for your software don't expect it to be the brunt of your protection. Most of the software developers, coders, and programmers (and any other name you wish to call them) that I know aren't as concerned nearly as much about associating their name with the products they create as they are with protecting future potential income from both the products they are currently designing and the future, improvements they will make to the software and the much improved finished product that comes later. By protecting all your work with a software copyright statement you are not only protecting current works but future works as well.

US Copyright Lawyer What can a US Copyright Lawyer Do for You that Others Can’t? First a US copyright lawyer can help anyone that is in the United States, they know the laws of the land and the best ways to fight them. A US Copyright Lawyer is here to protect you. That’s right I said YOU, not the neighbor down the road, or someone that lives in the next country but YOU. A US copyright lawyer is there to help you actually file a copyright, advise you and to help you get back what was once yours and sue someone. If you are an American or someone currently living in the United States you will be able to hire a US lawyer, however if you reside out of the states there may be restrictions. In the internet world copyright issues are becoming a big thing and having a US Copyright lawyer behind you can definitely help if you need to fight against someone stealing your work. Copyright lawyers must stay current in all the recent rulings dealing with copyright issues, which means they know their job. Don’t just stick with a lawyer you already had because you’ve used them before. They may have been great at your car accident or your divorce but for copyright issues, you need a lawyer that deals with them. A US copyright attorney can also help you in retrieving money even if you never filed the copyright until after it was stolen or online. This can get a bit tricky when it comes time to prove it though, however if you have a good lawyer this shouldn’t be a problem. A US copyright lawyer will be able to help you copyright any work that you may have, it does cost $20 to file a paper to get the copyright on your work. This does not mean that there is a one time fee of $20 and all your work is safe, actually you must do this with all your work. You are paying per piece, but in the long run if you need to sue someone for using your content they can end up paying $35,000. A US copyright lawyer can help you with this if you live in the United States and the case happened in the states, technically they could help even if it happened internationally but things get a bit more expensive when this happens. Your US copyright lawyer may have already dealt with people stealing content, or maybe celebrity pictures. Recently a big name celebrity had her pictures leaked on the internet, she sued the people that were spreading them and it suddenly stopped. All those websites that had the pictures on them were asked politely to take them down since they were copyrighted and they were gone. That’s what a good US copyright lawyer will do; he/she will be able to prove their case because they know the law. They will have to show proof of when something was taken, said, or documented. In the case of pictures, she was able to show that she had the proofs and that there was no agreement for anyone to use them. Copyright laws have been changing since 1976; however it changes as our technology advances. Lawyers and judges know our needs and are learning every day how to protect them and in order to do that laws are passed and the copyright laws are updated. Granted laws may be different in other countries but the chances are if it happens on US soil, the best representative would be a US copyright lawyer because they have been studying ever since law school.