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Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under “architectural works” was later added in 1990.
What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work.
Web Hosting - When Changing Web Hosts Nearly everyone will want to change to a new web host at some point. It may involve just changing out old hardware for new. It usually means finding an entirely new web hosting company. When faced with that decision there are a number of issues to be considered. Swapping hardware and/or software is a fairly straightforward decision. There are two possible scenarios. Either you maintain your own hardware and software at a facility managed by others, or you are considering upgrading to newer (usually more expensive) systems maintained by others. In either case, it's simply a matter of estimating the cost and the short-term impact versus the long-term benefits. If the system(s) you currently use are short on capacity, sooner or later you'll be sufficiently motivated to make the change. Either the hardware will become unreliable or loaded to the point you'll be forced to migrate, or your needs will expand enough to justify the effort and expense of moving. Similar considerations apply to the scenario in which you rely on the web hosting company for everything, and want to find someone else to rely on. Regrettably, that's a very common situation. Many web hosting companies provide systems and staff that sooner or later fall below an acceptable level. Most people make the decision to change based on emotion. That's not entirely bad. Emotions incent you to take action. But you need to keep a cool head, too, in order to calculate your long-range self-interest. Bearing some minor inconveniences from time to time is usually worth the trade off. When it begins to affect your site to the point you're losing visitors, it's time to make a change. To get a more objective handle on when that point is reached, reach for some numbers. Maintain, or get from the hosting company, a factual report about availability and current usage. If the server is down so much, or so heavily loaded, that it drives your visitors away, it's time to take action. There are other less easily quantifiable but equally important factors, as well. You will at some point need to communicate with one or more persons who help maintain your site. Even if you do all your own server, database and web site maintenance, someone behind the scenes is helping to keep things running smoothly. That's called 'infrastructure'. If the road you drive on has potholes, it's not enough that you can fix your own car. In terms of network bandwidth and availability, server capacity, disk space, security and a whole array of other aspects, the web hosting company has to have competent people who care (and are allowed) to do the job well. When the company's people fall down - because of incompetence, lack of resources or absence of a culture of excellence - or for any other reason - your web site suffers. This issue more than any other is what drives people to seek another web hosting company. Even if you choose well at the outset, things can change. Management changes, staff changes and companies are taken over by other companies. Sometimes, it isn't simply a matter of swapping out an unreliable piece of hardware or software. When it's time to swap out people, you look for the same aspect: doing the job required. Web Hosting - Unix vs Windows-Based Hosting, Which Is Better? An operating system functions largely out of sight, or at least is supposed to. It doesn't matter to non-geeks how a file gets stored, or how memory is used, or how simultaneous processes share the limited resources available on a computer. These are among the basic functions of any operating system. Yet, you can find very passionate supporters - who offer very detailed lists of pros and cons - for every operating system. Why? Because, though the low-level functions of an operating system do their work out of sight, there are many other features that rise to visibility. Sometimes, they do so when they're not supposed to. Weighing the pros and cons objectively could consume a book. But to select a web host operating system, a manageable level of considerations apply. They can be weighed even by those who don't know a processor queue from a pool cue. Learning Curves For most web site owners, administering the site/server is just overhead. It's not something they take pleasure in doing and they have plenty of other things to worry about. Many wouldn't know how and have no interest in learning (rightly so, given their priorities). Consequently, ease of administration is paramount for such people. Whether a Unix-based site (usually Linux these days) is easier to administer than Windows depends on your current skill set and the type of tools and level of access the web hosting company provides. But in general Linux is more difficult to install and maintain than Windows and the learning curve is steeper. FTP and Control Panels Often, you don't have to care. For many, the operating system is fairly transparent. FTP file transfers to get a new web page up to a Windows server are very much like they are to a Linux-based site. The user/administrator simply doesn't see what's behind the curtain. Many companies provide other utilities that completely mask any awareness of the operating system underneath. When that's the case, the web site owner has no reason to care, until or unless they need or want to go 'inside the black box'. Performance Performance issues can be relevant in selecting which operating system host type to choose. But for the most part, that aspect is outside the web site owner's control. Overall performance can be good or bad on either system, depending on many factors that the publisher will rarely see. The issue is a wash, as far as tipping the scales is concerned. What is more likely to be seen by a web site owner, at some point in their (and their site's) development is the database product that can be used to store information. Databases Microsoft SQL Server is relatively simple to use, yet extremely powerful and can deliver great performance. But it doesn't run on Linux. At least, not without special software to emulate Windows, which usually kills performance. On the other hand, with a bit of time invested, MySQL isn't significantly more difficult to learn than MS SQL Server and there are many free installations. Cost may well outweigh other considerations for most on this issue. Programming Languages Last, but not least, there are differences in programming languages that can be (or at least typically are) used on Windows vs Unix. If you have programmers who are skilled in Visual Basic, ASP and other Microsoft technologies, then a Windows-based host will be your preferred choice. For Perl and PHP programmers, Linux is the more common platform of choice. No single factor can push you to one versus the other operating system. And, in the long run, it isn't the primary consideration, unless you just enjoy playing with operating systems. |