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Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.

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.

Software copyright act The Software Copyright Act was a Great Step in the Right Direction The software copyright act, which is actually called the Digital Millennium Copyright Act has given software developers a little more power when it comes to protecting their works. If you've bought software in the last few years I'm sure you've noticed some of the changes that have been made in the software buying process. If not, then you really should wake up and take note. Some of the more noteworthy achievements of this act are the following: 1) It is now a crime to go around anti-piracy measures in software. 2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software. 3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online. The problem isn't the people want to be bad or do something wrong. Most of us by nature want to do the right thing. The problem lies in educating people to the fact that it really is stealing when you bootleg, pirate, illegally download, or otherwise acquire copies of software that you didn't pay for. It's one of those 'white lie' types of crimes for most people and they don't really see how it will hurt anyone for them to copy a game that their brother, cousin, uncle, or friend has. Someone paid for it after all. The problem is that at $50 plus being the average price for computer games and simple software if 10 million people are doing it, the numbers are staggering and they add up quickly. The software copyright act sought to protect businesses from losing money this way. The software copyright act was the worldwide response to a growing problem. This problem was so widespread with illegal downloading of music that lawsuits and massive commercial ad campaigns were initiated in order to curtail illegal downloading activities when it comes to music. It seems to be working to some degree. Fewer people are illegally downloading music; the downside is that these people aren't buying as much music either. The reason is because they are no longer being exposed to the wide variety of music and artists that they were getting freely when downloading music each night at no cost. This equals lower record sales and is becoming a problem of lower movie sales and software sales as well. People aren't trying new games like they could before the software copyright act by going to LAN parties and everyone sharing a copy to play, now everyone has to own a copy before they can play. While this may be great for the companies that make a few (a minimal few at best) extra sales on the games for the sake of a great party but for the most part, it is costing them the extra money that could be made by 10 people finding they liked the game enough to go out and buy it so they could play it whenever (and the next group of 10 they will introduce the game to) Gamers are a funny group and software copyright act or no, they are going to stick with the software and games that serve them best. The software copyright act was created in order to protect the rights of those writing and developing computer software. We want those who fill our lives with fun games, useful tools, and great ways to connect to friends and family to continue providing these great services and to get paid for the ones they've already provided. The software copyright act is one giant step in the right direction as far as I'm concerned.