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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
Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself! Find Free Stuff Online by Visiting the FreeStuffOnline Website Whatever it is somebody is searching for, he might be able to find it on the FreeStuffOnline website. The FreeStuffOnline website is a page that offers links to other pages that have products that are free off charge available to anybody. Pages like this one collect links and web addresses that offer free products and then publish it as a great resource to the broader public. The links offered by FreeStuffOnline leads to a variety of different topics and offers and there might be just what someone one is looking for. The web page offers categories such as educational freebies, which includes Study notes, Encyclopedias, books and more. Family freebies have categories for babies, children and parents. For the computer world there are free products such as free antivirus software, freeware programs, games and graphics, shareware, music and screensavers. For the cell phone fanatic, there are links to free cell phone ring tones and short message programs. A seasonal freebie category holds anything that relates to the major holidays in the United States, such as Christmas, Halloween, Easter and more. The category “internet” offers links to free web hosting pages, e-mail providers and much more. The way such pages work is by the various masters that take care of adding and removing links. As a matter of fact, anyone can add freebie links to the page. This is one of their most important tools to keep such a freebie page working. Anyone who finds a good freebie that is not a fraudulent page should go to the FreeStuffOnline web page and add the link. Other people will benefit from the link just as much as the person that added it. To keep such sites possible the effort of anyone that is looking for freebies is necessary. There are many organizations out there that specialize in providing help for the ones that do not have a wealthy family to pay for all of it. Organizations that specialize in literature offer PDF files of books of world famous authors such as Shakespeare, books that anybody should have the chance to read. Other pages specialize in children’s songs. Downloadable MP3s, legal downloads of these songs are available to make music an integral part of young children’s lives. Even for the new craze of sharing pictures, files and other important date there are links that guide the user to pages that will offer such services for free. Sharing pictures with loved ones should be easy and free and available to anybody. Whether it is the grandparent that lives hundred of miles away or a father that serves in the army, these pages offer the opportunity to anyone to share important data such as pictures over the distance. Using an online file sharing web page also has the advantage of speed over regular mail. Until the pictures are sent to their destination by mail, it can take days, but on the Internet the process takes a few seconds and the person at the other PC can see the data almost instantly. When these files are shared there is always the possibility to have the pictures printed at one of the photo stores and the person will still be able to hold printed pictures in their hands. One other important fact to know about these free online pages like FreeStuffOnline is that whenever you come onto a link that is not working, let them know, only by people telling the web master that the link is not working it can be removed. Helping to maintain the page by alarming for broken links can reduce the frustration to other that was trying to check out the link. |