Monday, December 31, 2012

Protecting Your Intellectual Property - Steps to Ensure No Information Is Leaked

Regardless of your type of business, intellectual property can be one of your most valuable assets. Intellectual property is any unique creation and expression of the mind. Whether your business is technology-, consumer- or professional service-based, protecting your intellectual property, such as trade secrets, can be key factors to your success. For that reason, investing in the protection of your intellectual property is an important part of your business operation. Failure to police and defend your intellectual property rights could ultimately result in a loss of financial gain. Certain laws have been put into place to help protect your intellectual property, such as trade dress, copyrights, patents and trademarks.


Trade secrets include things such as formulas, practices, processes, designs, instruments, patterns, or a compilation of information that is not generally known or easily attained. Using trade secrets, businesses obtain an economic advantage over competition. In order to have a trade secret, companies must take steps to protect the secrecy of their information. Exposing a trade secret means competitors can have access to that knowledge, which could impair that company's market dominance or market position.


One of the easiest and most basic steps your company can take to protect your trade secrets is to require employees, contractors, and any companies that may be exposed to your trade secrets to execute confidentiality or non-disclosure agreements. Failure to enter into these types of agreements may result in the exposure of your trade secrets and, in effect, the waiver of trade secret protection.


Trade dress refers to the distinctive look of a product or its packaging. Trade dress law is the legal protection for trade dress protected by statute. In order for trade dress to be considered protected under trade dress law, the protectable features must clearly identify a product, much like the Tiffany blue box. The features must also be nonfunctional, not affecting the product's cost, quality or a manufacturer's ability to effectively compete in a non-reputational way. The public policy behind trade dress is to protect innocent consumers from purchasing an inferior good or service because of confusingly similar trade dress to a trusted brand.


Copyright laws protect a creative expression fixed in a tangible medium. Copyrights do not protect ideas, but may protect the expression of an idea. A work is protected by copyright the moment it is created and fixed in a tangible form. While not mandatory, copyrights may be registered with the federal government to receive the highest protection possible. The safest course of action is to file for copyright protection to guarantee the highest protection of the work and to save time in the event that you would need to bring a lawsuit for infringement.


A patent is a set of exclusive rights granted by a state to an inventor for a fixed period of time in exchange for a disclosure of an invention. The rights granted to a patentee exclude others from making, using, selling or importing the invention. Obtaining a patent can help you protect your unique invention from infringement by a party unrelated to your business.


A trademark is a word, group of words or design that indicates the origin of goods or services. State and federal statutes protect trademarks in a special area of law called trademark law. If your business intends to use a trademark, it is a good idea to file an "Intent to Use" application to secure your trademark. Filing such an application will help protect your trademark ideas against infringement from competition. In contrast, if your business already uses a mark, filing a "use based" application will protect the intellectual property you already use as part of branding your business.


The success of your business may rely heavily on a technology your company created, or even on a secret family recipe that has been passed down through several generations. Whatever your company's intellectual property is, protecting it can be vital to maintaining your unique share of the marketplace. Taking these basic steps to ensure your intellectual property remains yours may help you avoid litigation, or in the event that litigation arises, may assist when seeking an injunction or protective action in the interest of your business.


Frederick Gaston
President of Gaston & Gaston, APLC
For more information about intellectual property rights and protection, please visit the Gaston and Gaston website http://www.gastonandgaston.com/


Thursday, December 27, 2012

Song Titles, Lyrics, and Copyright Infringement: When Do I Need Permission?

If you're writing a novel or short story, you may encounter situations where you'd like to r


Q. Can I mention the title of a song in my work?


A. You can mention a song title -- or the title of anything else, for that matter -- freely, without asking permission.


Copyright law is based on the concept that unique works of authorship should be protected as the intellectual property of the author. However, it's important to note that in order to benefit from this protection, the work in question must both be unique and have original authorship.


Song titles, however, are considered neither of these things, and therefore they are not under copyright protection. In fact, in its "Copyright Basics" publication, the US Copyright Office specifically excludes "Titles, Names, [and] Short Phrases" from being eligible for copyright protection.


Q. Can I quote someone else's song lyrics in my work?


A. Except in certain cases, such as fair use, you will need permission before reproducing someone else's copyrighted material.


In most cases, using someone else's work without permission is considered copyright infringement. However, there are exceptions to this: Fair Use.


There is no hard-and-fast rule that states what is and is not considered Fair Use. Instead, the courts typically look at four factors:

The purpose and character of the useThe nature of the copyrighted materialThe amount of the work used, relative to the entire workThe effect of the use of the work might have on the market or value of the original work

The copyright does provide a few explicit purposes that qualify as fair use: commentary, criticism, and critique, for example. (This is how book reviews are allowed under copyright law, for example.) But there are other uses not specifically mentioned here, and whether or not your use is considered fair use, at the end of the day, must be decided by the courts -- the last place you want to end up.


Before it gets to that point, it's a good idea to look at the other factors so you can have some idea of whether or not your use might be considered fair.


With respect to song lyrics, look also at the factor relating to the amount of the work used. While there is no set percentage of the material that will be allowed at fair use, consider that quoting a mere two lines will be a more favorable use than reproducing the entire song.


Along these lines, the last factor can also help you determine whether or not your use might land you in hot water. The further the market for your new work is from the original market for the original song, the better your chances.


Here's an example. If you're writing a fiction novel and your protagonist walks into a coffee shop, a few lines from a song might be playing on the radio. Mentioning these lines helps to place your character in a certain time period; it likely does not detract from the original market or potential value of the song in the way that, say, reproducing the entire song in a Songs of the Century collection might.


Sarah Kolb, http://www.clickandcopyright.com/


Since 2000, Click and Copyright has helped thousands of small business owners, independent entrepreneurs, artists, musicians, and writers start new businesses, protect their intellectual property, and stay informed. Click and Copyright is a member of the Legal Research Center family of businesses.


Friday, December 21, 2012

Copyright Violations Work Both Ways on the Internet

As you probably know, and this is already happening in Europe; publishers, music companies, and film companies want to have websites pulled down, ISPs fined and/or shut down if they are found to have copyrighted material on them. As a writer, this sounds like a good idea to me, because I can't tell you how often my articles are stolen, and I find them somewhere on the Internet with someone else's name attached. Yet, I see another problem to all of this, and I'd like to explain it to you.


First, many publishers are angry because they are finding their books reproduced, republished, and even posted on the Internet, and therefore they lose out on the revenue. You certainly can't blame them for being upset, and as I explained as a writer I can't either. However, if they are allowed to fill out a form with some secret Internet committee, and that group can go and pull down a website, they we're going to have huge problems in the future. Anyone that has an Internet forum, blog network, or anything like that cannot possibly police every single person that posts a blog, article, or comment. Do you see that point?


Now then, I'd like to bring a case in point because there was an interesting article in the Wall Street Journal on November 8, 2011. The article was titled; "Spy Thriller: an Instant Classic-Vanishes amid Plagiarism Charges-Publisher Recalls Novel after Passages Discovered Mimicking Bond, James Bond," by Jeffrey A Trachtenberg. Okay so, can you see the problem here? Here is a company that sells books and e-books, and it found out one of its authors had plagiarized a spy novel. Worse, the company sold 8000 copies before anyone noticed. In fact, the article stated;


"Our reviewer didn't pick up anything suspicious, and a reader commenting on an online forum devoted to James Bond noted the similarity in the material. The online forum comment poster was able to identify at least 13 novels from which the material was similar, using Google books search engine."


Well, there you have it. Should that publisher's website be shut down, and taken off-line for copyright violations? Fair is fair, the publishers seem to want to be able to control other people's ISPs and websites, and have the power to turn them off. Are you beginning to see the problems we are going to have in the future with these laws? I surely do, and I fear that it may cause less information to end up online, and allow others to control the flow of information for their own personal gain.


Having control to turn off ISPs and websites based on copyright law could turn into a can of worms and give far too much power to those who would use it corruptly. Indeed I hope you will please consider all this and think on it.


Lance Winslow has launched a new provocative series of eBooks on Future Concepts. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net/


Monday, December 17, 2012

Can Google's New Semantic Search Keep Within Copyright Laws?

All great companies must evolve, and I believe Google to be a company which wishes to stay on the leading edge of its core business model. It is a search engine after all, it delivers information to the world, which is one of the main reasons the Internet exists in the first place. Today, the web is an accumulation of human knowledge, and it is also one of the greatest communication devices ever created in the history of mankind. Okay so, let's talk about some of the challenges ahead as Google attempts to give us the information we ask for.


Specifically I'd like to talk about copyright law, and ask; exactly who owns all that information. Are we getting to a point where knowledge and information isn't owned by anyone individual anymore, and therefore it should be free to the world, and since Google has found a way to do that and to make money doing that through advertising, I'd say that is of great benefit to all humans on this pale blue dot.


Now then, there was an interesting article in the Wall Street Journal on March 15, 2012; "Google Gives Search a Refresh," by Amir Efrati which stated; "Google is giving its tried-and-true Web-search formula a makeover as it tries to fix the shortcomings of today's technology and maintain its dominant market share. Over the next few months, Google's search engine will begin spitting out more than a list of blue links. It will also present more facts and direct answers to queries at the top of the search page results."


Indeed, what information are they going to display, whose information is it, and what format will they use? All those things will be carefully studied, analyzed, tested, and then presented for all of us to see. Chances are Google understands the human psyche, probably as good or better than anyone else on the planet due to their incredible data analytics, and massive treasure trove of human queries.


If you ask a question of the search engine and it presents you what you asked for on the screen rather than just giving you a list of websites which you then have to choose from, then it must gather that information in order to give it to you. Now then, where are they getting that information from - are they getting it from books, are those books copyrighted? Are they taking it from the Internet, and if so what websites? Does Google have a repository of endless information on every single fact known to mankind?


Apparently IBM does with their Watson supercomputer, but still it takes information from everywhere else, which is loaded up with information that it has accumulated from everywhere. Well, I think I have a solution for this;


What if Google bought The Encyclopedia Britannica Company?


The Encyclopedia Britannica is no longer going to print after over 200 years of printing encyclopedias. They have all the world's information, and that could be broken down and delivered in bits and pieces to the specific questions asked by the Internet users in their queries. Can Google afford to buy Encyclopedia Britannica? Well, Google can afford to buy just about anything, including the next president of the United States if they so desired. In fact that would be a drop in the bucket.


If I were running Google would I make an offer to buy Encyclopedia Britannica for their semantic search? You bet I would, and I would have already made the phone call before I posted this article. Indeed I hope you will please consider all this and think on it.


Cite:


1-WSJ article; "End of Era for Britanica" byShalini Ramachandran and Jeffrey Tratchenbrg, 3/14/2012.


Lance Winslow has launched a new provocative series of eBooks on Future Internet Concepts. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net/


Monday, December 10, 2012

Defending Copyrights - Challenges With First to Publish Proof in the Information Age

Just because you wrote something and put one of those little C's at the bottom of the page, and claim the copyright, doesn't mean that you won't find challenges in our information age. After all, you might write something, put it on a website or blog somewhere, perhaps an obscure place, or perhaps you may even write something and put it into a paper newsletter that goes out to your Homeowners Association, soccer team, or school. You wrote it first, and you claim copyright, but then someone else finds it, likes it, puts it on the Internet, or incorporates entire paragraphs and phrases into their own writing.


This happens all the time, and it's happened to me more times than I care to remember. Not long ago I found something that I wrote on someone else's website, I asked him to take it off. They said they wouldn't, and that they wrote it. But they didn't, I did. That concerns me, and it seems rather dishonest and the person definitely had a lack of integrity to claim my work, but since it was something that wasn't really important to me, I let it go. I'm sure if you are writer, you will run across this particular situation at some time in your career.


Another time, a similar situation occurred, but I was asked to prove that I had written it first, well, how can I prove that if I put it into a newsletter for local community? Well, in fact I did have a copy of that newsletter, so I was going to make a copy and send it to them, but then I thought to myself why bother, they are already dishonest, and why should I pay $.50 to mail it to them, or spend 10 minutes to scan it into the computer, and e-mail it as an attachment. Like that would do any good anyway, they may not take it off their website, and worse, I found that they must have owned multiple websites, or had some type of affiliate marketing program, because when I searched that phrase, I found it all over the place, not one giving me credit for my work.


It seems sometimes it's like the wild west out there on the Internet, and whereas there are some famous quotes, quips, and things that each of us write from time to time, there are certain things that are unique, that we produce ourselves, and the chances of anyone else producing that same paragraph are next to zero. So I ask, are we getting to a point on the Internet where you can't claim copyright anymore, and unless you are a large Corporation with a team to go out and enforce this, you are going to have to let it go, or you'll spend all your time and productivity chasing down Internet content bandits? Indeed I hope you will please consider all this and think on.


Lance Winslow has launched a new provocative series of eBooks on Future Writing Concepts. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net/


Tuesday, December 4, 2012

How Copy Protection Helps Protect Documents

Suppose you are a struggling author and you send out your first script in a digital format to a publisher. After a number of days has passed by, you decide to give them a call to check up on the status of your work, and they tell you that your script needed more work and that they will not be able to work with you at that time. Fast forward 3 months later and one fine day you decide to rent a movie in the same genre as you write for. Half way into the movie you come to a realization that the movie is based on the script you had sent out to them a few months back, with the same characters and a similar storyline.


More and more people in the field of creative works face a situation like the one described above at some point in their lives. And as a result, many shy away from sharing their most important works that could get them the recognition they so deserve. Time are a bit different nowadays as there are many data protection solutions that exist in the market. However, with many artists struggling to make their mark n the scene, the last thing they need is being overburdened with activities that further deplete their already exhausted resources.


This software is specialized data copy protection software that lets you protect your scripts, screenplays, stories, novels, poems, articles and other creative writing material or important documents. With this program, you can share your ideas with your peers without enabling them to copy your whole story.


The data protection provided by this program is drive-specific and allows you to protect your most important work by limiting access to your work by disallowing your data to be run from any unauthorized drive. It works by converting your files into copy protected executable application using advanced multilayer copy protection technology which cannot be tampered in any way. All you are required to do to begin protecting your data and information is to simply add the files you wish to protect from illegal copying and distribution directly to Copy Protect, select the drive or medium where you want to save these protected files, and leave the rest to the application.It converts all supported formats into copy protected applications and burns them to a CD/DVD or copy them to a portable or fixed drive so that you can freely share this drive or CD/DVD with anyone without the fear of data being copied or stolen.


All your worries about data theft and data leak are put to rest with the simple but feature-rich copy protect. It provides a user-friendly interface, easy navigation menus, and simple wizards to help you start protecting your data from being illegally accessed and copied.


Until recently, you were at the mercy of either lawyers, expensive applications, or other such means that only burdened you more with unnecessary or real means of recovery or protection. But now you have the power in your hands. It will not only get you across the many hurdles that you will have to face during the initial time you have to get up on your feet to make your mark, but also stays with you all the way through your successful years.


This software is a product of NewSoftwares Inc., a Beaverton based corporation.


Mark Neil is associated with New Software Inc that provides data encryption software.


Thursday, November 29, 2012

Protect Your Website's Copyrights Through Commercial Litigation

When it comes to ownership or violation of the infringement act set by the law, firms need to take assistance of commercial litigation services that would provide satisfactory results. Most firms fall apart due to differences between partners and also regarding the ownership right of each partner, this is when proper legal formalities can solve the issues. Online firms have been facing threats from close competitors by using the domain names that are strikingly similar except for a small change in detail which would ultimately give an undue advantage for the competitor.


Taking legal action against the violators should be done in a careful manner so as to safeguard the interests of the firm. Commercial litigation service would ensure the right kind of justice that could help businesses to oversee the threats from close quarters. With the growing importance of online trade, it is important that all the business entities are protected from external factors that hamper the growth prospects.


Internet lawyers can clearly be able to chart out various terms and conditions that can have legal implications in case of any violation by another source. Websites are prone to content duplication, plagiarism, imitation of the design, defamation and also copying the domain name. Most of these factors are crucial to maintain the true identity of a business that is needed to establish astonishing growth rate.


There might be several conflicts that may arise from various sectors when it comes to an online firm. Some of them include the web hosting agreements, violation of rules by contributors to the website, website promotion agencies, web designers and also the clients who establish contacts with the online firm. A commercial litigation expert can guide these firms to win legal battles against those who have violated the terms and conditions of the business.


Intellectual property rights of internet related businesses are crucial for long term business prospects. Commercial litigation lawyers help in drafting key rules and regulations in these matters to make the company free from any disputes in the future. Choosing the services of an established lawyer is important to take care of the interest of the online firms. Internet dispute settlement lawyers can deliver quick solutions to the ongoing problems and can successfully draft charges against those who are guilty of violating the terms and conditions.


Through the support of internet lawyers one can successfully sue those who are guilt on charges of infringement of the law. Website protection is important for any business to establish its reputation and also to avoid any large disparities with the competitors. Commercial litigation lawyers will provide services that would address various legal issues that might arise in the future.


With changing trend of legal framework it is important to hire for the services of reputed cyber lawyers who can provide the right kind of protection to the clients. Activities such as cyber squatting and typo squatting can be controlled to a great extent through the support of commercial litigation lawyers.


Judit Velarde is the author of this article on Crossborder Litigation.
Find more information, about Spanish Lawyer here


Thursday, November 22, 2012

Efforts Towards Copyright Policy in China

Due to plagiarism and infringement of pieces of work in literature; music; drama; art; sound recording; architectural design and government work, copyright policies are much stressed upon all over the world. But some authors and publishers have been surprised by the unlawful reproduction of their copyrighted works. Big stories from famous authors were pirated by the container loads and distributed all over the world. China is facing a major issue concerning piracy perhaps because most of the books are being printed and published there.


This violation of the copyright law became a very serious problem when all the books on The New York Times bestseller list were produced by a pirating publisher into thousands of copies and distributed throughout the world before the original work could come to the market. Even the United State had many such pirated copies in its own markets.


China is taking desperate measures to stop this infringement on their account by burning any pirated DVDs, books or magazine that they find in their country. It has been reported by Barbara Demick in Los Angeles Times that a large number of such alleged work was found and burnt in Beijing on a big scale. Though, it seems like a big waste of money and time at the moment, but this daring act will probably have better effects in the long run in discouraging plagiarism.


The National Copyright Administration has been established in China to ensure the security of original pieces. The Government of China wants everyone around the world to know about their steps to eliminate this problem of piracy. These measures will make traders and investors around the world working with China more secure about their businesses, as their growing concern was the increasing violation of copyright law in China. This will also protect China's local products which are often copied by other countries and are causing them a big loss. The matter here needed quick measures as piracy was not only affecting the country's foreign investors but also its local market.


China is putting in a great effort to eliminate this menace from not only the country itself but also the rest of the world. It has joined hands with the other countries to ensure observing the copyright law better. Critics believe it is only a drop in the ocean compared to tons of pirated copies distributed all over. At least the effort has started somewhere.


Copyright UK Provide Complete Copyright Protection For Your work. We ensuring that you always have the best proof to protect your Copyright work and your rights.


Thursday, November 15, 2012

Why You Need To Place Watermarks On Images You Post Online

If you regularly upload photos on the Web, you should ensure that no one is using them without your consent. One easy way to do this is by watermarking your photos. A photography watermark can be another picture as in a logo, words, or the name of the photographer which is placed over the picture. If a photo has a watermark, those looking at it will know that they are not allowed to copy or use your photo without first notifying you or abiding by your requirements. Many websites also do watermarking on their pictures and illustration to warn those visiting the site that reproducing or reusing these images constitutes infringement.


Watermarks can be created in a few minutes with little or no difficulty as long as you have the appropriate software. There are a number of software you could use to do watermarking, Photoshop and Corel creative suites, for instance. There are also web applications that permits you to create photo watermarks for free. These applications that allow you to make photo watermark for free might or might not have batch processing capabilities. Many of these programs which enable you to make free watermark photos have other features as well such as simple photo editing. A lot of these software also allow direct uploading of free watermark photos to social networking and image sharing websites.


There are also websites that allow you to make photography watermarks and then search for places where your photos are being used on the World Wide Web. This tracking service will help you monitor for infringement. In most cases, you have to pay a small amount to enjoy such capability. In most cases, these websites require you to pay around $30 to $50 a month to continue using the service.


Some photo hobbyists and professionals are reluctant in adding watermarks to their pictures because they believe these will negatively affect the look of the image and prevent people from seeing their work in the best quality possible. If you are one of those people who subscribe to this notion, consider using invisible watermarks. As the term implies, an invisible watermark is an overlaid image that cannot be seen, but can be detected algorithmically.


Some photographers place an invisible watermark that is destroyed when the image is manipulated digitally. This type of evidence can be admitted in court to support misappropriation lawsuits. The choice of watermarking your pictures is yours to make, but remember that doing such can save you from a lot of headache and heartache in the future.


There are a number of software which makes creation of photo watermarks for free possible. Click here to continue reading about: photography watermark.


Friday, November 9, 2012

Using Copyrighted Material: How to Ask For Permission

Most people are aware that using copyrighted material without permission is considered copyright infringement (except in cases like fair use). But how do you go about getting permission to use this material?


Depending on the type of work, and depending on the status of the artist, there are a few different ways to obtain permission.


Copyright Office's Database


The copyright office's website offers a searchable database, which contains the registration information of any copyrights that have been officially registered with the Library of Congress. You'll of course need to know some basic information about the work you're looking for in order to search for it: the artist, the title of the song or artwork, or better yet, the registration date and number.


One thing to keep in mind, however, is that anything able to be copyrighted (a piece of music, for example, or a photograph or graphic design) is automatically copyrighted; registration is not necessary in order to be protected against infringement by copyright law.


What does this mean to you? It means that if you can't find a listing in the copyright office, whether it's because you don't have enough information to search for it or because there is no listing for the work at all, you'll need to expand your search for the copyright owner into other avenues.


Website


Most artists these days have an online presence, whether that be an official sales website, a blog, or even a Facebook page. If you can't find a particular song or image in the Library of Congress's database, try contacting the artist directly to ask for permission.


Many musicians' websites contain a section specifically devoted to copyrights and permissions; try looking at the very bottom of the page or along the sidebar. If there's nothing obviously dedicated to permissions, try the Contact Us or About Us tabs, especially if the artist is an independent musician.


Of course, once an artist reaches a certain level of recognition, it may not be possible to contact him or her directly.


Performing Rights Organization


When a band is signed to a major label, part of the transition from independent to represented artist is usually to choose one of the three major performing rights organizations to handle licensing and permissions. In this case, the artist him- or herself is not the contact at all.


BMI, ASCAP, and SESAC are organizations dedicated specifically to managing their artists' catalogs, acting as the party that deals with licensing their material. The movie and television industries know to contact the organization responsible for a particular artist in order to license their material.


You can do the same; just search each organization's catalog until you locate your artist (many musicians list their performing rights organization on their websites) and contact the organization using the appropriate channel. Each of these organizations' website has a Licensing department specifically dedicated to permissions requests.


What if I can't ask for permission?


Sometimes, it's just not possible to ask for permission. Perhaps the Library of Congress's database doesn't include contact information (it's optional to include). Perhaps you don't know the title of the work, or even the name of the artist (quite common in cases where a photograph or image was hosted improperly to begin with and even the website owner doesn't know the origin).


Whatever the reason, you should never assume that because you couldn't locate the copyright owner, you somehow have permission by default. Even if you've exhausted literally every resource you can find and still can't come up with the copyright owner, other than limited exceptions like fair use, using a work without permission is copyright infringement.


Sure, if you couldn't find the copyright owner, it may be unlikely that he or she is going to come out of the woodwork just to sue you for infringement. But such a lawsuit would be well within his or her rights. Is the risk worth it?


Sarah Kolb, http://www.clickandcopyright.com/


Since 2000, Click and Copyright has helped thousands of small business owners, independent entrepreneurs, artists, musicians, and writers start new businesses, protect their intellectual property, and find new ways to market and promote their business and creative works.


Saturday, November 3, 2012

To Use or Not to Use? Copyright Infringement and the Use of Online Images

Recently, one of my clients posed this question to me about using online images. It made me realize that many business owners and entrepreneurs may struggle with this issue. If you've ever wondered about using images online and how that use impacts copyright law, then you owe it to yourself to take a peek at my answer. It is better to be educated (and safe) than ignorant (and potentially, sorry)!


Question:


Many people are confused about using images in ezines, products or on their website that are captured from the web. I purchase most of my images from IStock, or other resources, but what are the clear cut rules?


I know Constant Contact offers free images as well as Microsoft clipart. And when writing about a product or resource (basically promoting them), is it safe to use a picture of the product or company logo? I've done this before.


You can get yourself into trouble by using images, can't you? Even if you don't see a "copyright" on them? I would assume that you can ask for permission and cite the image source. Could you could give advice to all those building their business about this? Thank you.


Answer:


Great question! I have a colleague that just got into trouble with this exact scenario for using an image without permission for her ezine that was copyrighted by a photographer.


Copyright protection begins the moment an original work is created and lasts for the creator's life plus 70 years. Copyright protection extends to literature, music, plays, choreography, pictures, graphics, sculptures, architecture, movies, audiovisuals and recordings. So you are correct that images and photos are included and given copyright protection.


Copyright infringement is using someone else's creative work without authorization or compensation, if compensation is appropriate. So, what we are dealing with here is a potential copyright infringement of someone else's photo or image. (It may also be a trademark infringement if the image or logo is trademarked.)


The owner of the copyrighted material controls whether others can reproduce the work, prepare derivative work, distribute copies or display it. Using it without permission, even if you credit the creator, is not acceptable. Neither is copying others' original work that does not carry a copyright symbol.


However, there are exceptions. One is "public domain." But, don't misinterpret the term "public domain." Just because it is on the internet, does not mean it is public domain! Once a copyright expires, it enters the public domain. Public domain comprises all works that are no longer protected or never were, including works created prior to 1923, and works created between 1923 and 1963 on which copyright registrations were not renewed. Works created since 1989 are presumptively protected, and all government material, such as statutes and laws.


There is also a Fair Use Exception to copyright infringement that allows the limited use of copyrighted material without acquiring permission from the rights holder. It is permitted for literary criticism, comment, news, reporting, teaching, scholarship, and research. The courts use a four-factor balancing test to determine if fair use exception applies: 1) Purpose and character of use, 2) nature of use, 3) amount and substantiality of work used, and 4) effect on market value of work. Some people believe there is a 5th factor too that depends on the type of infringer (non-profit or for-profit) and its intentions and track record (a repeat offender or an unknowing and unintentional infringer).


The easiest way to avoid copyright infringement is to only use images from sources that specifically grant permission, some of which you listed, such as iStock. There is also a non-profit organization called Creative Commons that grants copyright permissions through a tiered approach ranging from selective protection to unlimited grant of permission. You can learn more at http://www.creativecommons.org. Be sure to look for a Creative Commons License on a website to see if the owner has specified which rights he or she is retaining, and which rights he or she is willing to release.


Another way to avoid copyright infringement is to ask to use the work. Sending a simple email request to use an image takes just a few minutes, and can save you a lot of turmoil (and potential legal fees!) in the long run. Approach people online on sites like Flickr. Let them know you'd like to use one of their images, which one, for what purpose, and offer to give them credit. Also, check Stock Exchange and Wiki Commons. Read through the restrictions and rights. Artists will usually list whether a photo may be used, for what purpose, and what type of credit must be given.


Despite all of the above, if you are using an official image of a product to promote it, the assumption is usually that the owner of that product is happy to have you assist in their marketing efforts. It has become common practice to use an image of a product when reviewing it, sharing it with your readers, and promoting it for people to purchase. Most companies that put a photo of their products on the internet are thrilled if you take that image and tell the world about that product. It is like having a global sales team! Indeed, if you are an affiliate of a product, there is an implied agreement for you to be able to use the images of that product in order to fully promote it as an affiliate. I often review products on my blog, and the companies that I do so for are only too happy to provide me with images.


The bottom line: When in doubt, use images that specifically grant permission. If you are unsure, do not use the image! Seek permission first or find a different image that is clearly permissible to use.


Copyright 2011 LM Organizing Solutions. Lisa Montanaro, "The Solutions Expert," is Principal of LM Organizing Solutions, LLC, a professional services firm created in 2002 that offers professional organizing, business and life coaching, and motivational speaking to individuals and organizations. To receive a free audio program on Conquering Paper Clutter, subscribe to Lisa's free monthly ezine, "DECIDE™ to be Organized" at http://www.lmorganizingsolutions.com/. Lisa is the author of the book "The Ultimate Life Organizer: An Interactive Guide to a Simpler, Less Stressful & More Organized Life" published by Peter Pauper Press, which can be found at http://www.theultimatelifeorganizer.com/. Through LMOS, Lisa helps people deal with the issues that block personal and professional change and growth. To explore how LMOS can improve your home or work environment, contact Lisa at (845) 988-0183 or by e-mail at Lisa@LMOrganizingSolutions.com.


Saturday, October 27, 2012

Copyright Infringement and Its Consequences

The author or creator of every original work that is tangible in nature has every right over his project. If this work is reproduced, altered, exhibited, broadcasted or made public in other way without the consent of the owner, it is considered violation of the legal and moral rights of the author. It is best to register your work with the United States Copyright Office which asserts the owner's rights under the Copyright Act and makes it public without revealing the actual identity of the author or the detailed content of the project. But authorization discourages plagiarism to some extent.


If a case of infringement of copyright occurs, an encroachment application must be filed with the federal court. The judge can order a permanent prohibition on the offending person or entity otherwise if the infringement case is a complicated one and requires time, a temporary injunction is ordered by the court to keep away any further cases of corruption till the decision is pending.


At any point in an infringement case, the contents of the alleged work can be seized by the court. If the court gets proof of the infringement, all the illegal copies are seized by the Law Enforcement Agents and then destroyed. The original work is also kept in custody which is liable of unlawful reproduction.


If the copyright holder has registered his work with the United States Copyright Office prior to the infringement, he can claim charges for lost sales and profit due to plagiarism. Legal fines can also be recovered ranging from $250 to $150,000. This amount can also be bigger depending on the circumstances and popularity of the violated work


Plagiarism is also when an author's work is reproduced for profit. If the project that has been copied had a worth around or more than one thousand dollars, the guilty is awarded a punishment of one year in jail along with the payment of fine decided upon by the court. If the infringed work had a worth of more than two thousand five hundred dollars, the guilty is sent to jail for five years and fine, decided by the court is paid.


Copyright violation of bigger projects is definitely a far greater issue than that of smaller and less popular projects, but morally it is wrong both ways. If the problem is not snubbed right at the beginning, it creates greater disasters with the passage of time.


copyright uk Provides copyright service in uk to protect your legal work. For more information about copyright law feel free visit here: "copyright.co.uk"


Tuesday, October 23, 2012

Copyrighting a Website

When a piece of work is brought into a tangible form, it automatically acquires copyright protection. It is still a good idea to preserve each document with time, date and some official stamp. If ever this record has to be reproduced to challenge infringement, this data will be very helpful in influencing the decision in the owner's favour. Like any other form of work such as art, design, music, film, drama or research work, creating a new website also needs good planning and preservation to avoid plagiarism.


When creating a new website, it is desirable to attain and place a copyright notice on your website so as to announce your ownership towards any work that is displayed here from time to time. Such projects generally take quite some time especially if you design it yourself, without any professional help. It is preferable to keep a track of drafts and alterations with dates so no charges of infringement can come upon. Some authors post a copy of their work to themselves at every step. Not every piece is perfect the very first time, any changes or developments to a page or even a single element must be in record. Mailing this data to yourself is a further proof of when and where the composition originated. This method is called "poor man's copyright".


When working on the protection of your website from plagiarism, you must also be careful of the copyright of others' work. Even if you use someone else's work for inspiration, you must seek permission before you prove fit for a charge of violation yourself.


For authenticity, the work may also be registered with the USPTO. But, as this service is quite expensive, another third party can come to assistance. They may be a Solicitor, a Notary or an Escrow Service. This is sometimes necessary because the poor man's copy" has certain limitations therefore, its credibility is often challenged by professionals.


Though there are other options available, USPTO is taken to be the highest grade of authenticity. The US Copyright Office assures displaying your copyright certificate on all public forums to assert your ownership. A treaty called Berne Convention has been signed by certain other countries accepting copyright owner in US to hold the same rights in their countries too.


An application should be filed for copyright. The list of items to be protected must be stated as more than one copyright may apply in certain cases. For instance, a song has two parts: the instrumental is copyrighted as musical work and the lyrics as literary work.


Any changes that occur in the website with time should also be saved in this copyright record.


Sometimes copyright does not provide you a complete possession of your website as ideas, translation in foreign languages, domain names, titles, names and slogans, except in certain circumstances, are not fit for the policy.


Find out more helpful information about Copyright protection. plz visit Copyright UK Site: copyright.co.uk


Thursday, October 18, 2012

Copyright Registration Is Not A Pre Condition To Protection

Contrary to the near-indefatigable lay assumption that entertainment attorneys like myself hear all the time, one is not required to register a copyright in one's work with the U.S. Copyright Office (USCO) at the Library of Congress in Washington, D.C. (or elsewhere) as a condition precedent for U.S. copyright protection. In other words, the New York-based author in Chelsea, for example, already has copyright protection in his or her finished original work of authorship, under U.S. federal law, just as soon as the work is reduced to a tangible medium of expression in New York. That copyright protection is automatic, and inheres in the Chelsea-situate New York author immediately, his or her entertainment lawyer will opine.


Therefore, when the New York entertainment attorney hears the Chelsea-based New York writer saying "I 'copyrighted' my novel by registering it with the Library of Congress and the Copyright Office in Washington, D.C.", the writer is usually operating under a mistaken set of geographic and legal assumptions. It is incumbent upon entertainment lawyers to correct those assumptions. This one is a particularly difficult myth to explode - because members of Congress, those that write and edit case law, and a few jurisprudential scholars have been known to use "copyrighted" as a verb form, too. When I hear it, it sounds to me like nails on a chalkboard.


So, "No", the New York entertainment attorney replies to the New York writer in Chelsea, "you already had automatic copyright protection in your work as soon as you wrote down the text - as soon as you reduced your vision to a 'tangible medium of expression'. Your act of mailing it from a post office on Manhattan's West Side in New York City, to Washington D.C., isn't what engendered the copyright. Rather, your prior act of crystallizing it in a tangible medium here in downtown West Side New York - pen to paper, or keystroke to hard-drive - is what caused the copyright in your work to be born. The New York entertainment attorney then explains that the phrases and verb forms "to copyright" or "I copyrighted" should probably be avoided outright - certainly avoided as synonyms for "registration" or "filing" - specifically to prevent that kind of lay confusion. After all, if the Chelsea screenwriter in New York "copyrighted"[sic] his or her work only by mailing it to Washington D.C. on Friday morning, then that would imply that no copyright yet existed in the work when he or she completed the final draft, hit the "Save" button on his keyboard, and printed it out in hard-copy form in his or her Chelsea home office in Manhattan on the Thursday evening prior - and that conclusion would be legally incorrect. In that fact pattern, the entertainment lawyer opines, the copyright existed and the screenwriter owned it as of Thursday evening based upon the events that happened in downtown West Side New York.


The process of U.S. copyright registration is just an after-occurring formality, though it is one which entertainment attorneys (from New York, and yes, even elsewhere in places like Hollywood) handle for their clients often. In other words, the work is already copyright-protected prior to one's mailed submission of the work from New York or any other city, to the U.S. Copyright Office and Library of Congress in Washington, D.C. Yes, U.S. copyright registration does thereafter provide certain advantages over unregistered works, as your entertainment lawyer will tell you. But copyright registration is not itself a pre-requisite for copyright protection. The copyright protection exists first. The copyright filing comes second.


After all, the USCO form specifically asks the filer when - in what year - his or her work was completed. You could in theory file in 2011 for a 2006-completed work. In that case, the copyright would have existed as of 2006.


Under the U.S. Copyright Act, (which can be found at various locations on the Internet, at 17 United States Code [U.S.C.] Section 101 and following), the author of an original and otherwise-protectable work automatically possesses a copyright in that work as soon as the work is reduced to a "tangible medium of expression". No later.


The New York choreographer on Manhattan's West Side improvises a new set of dance steps for her students - fleeting, in the air - but owns no copyright in these movements or their performance or rendition. However, the moment she writes down the original dance steps using a detailed graphic chart, or videotapes herself performing them in her New York studio - perhaps at her entertainment lawyer's suggestion - she may then have a chance to claim some copyright-protected work. The key, again, is the work's reduction to a fixed medium. In fact, she may own the copyright in that material without ever interacting with Washington, D.C. - even though her entertainment attorney will tell her that it sure would be a good idea to thereafter mail a filing to D.C. if the original work of authorship is perceived to have any economic or other long-term value.


And this makes sense. Look at it from the perspective of copyright enforcement - from the perspective of the New York entertainment attorney litigator trying to prove or disprove copyright infringement in a court of law downtown at 500 Pearl Street. How difficult would the job be of a federal judge or jury in a U.S. copyright infringement litigation in the Southern or Eastern Districts of New York, or that of a U.S. Copyright Office Examiner in Washington, D.C., if the U.S. Congress allowed all of us to claim copyright in the inchoate and evanescent? The courts in New York and indeed nationwide would be inundated with strike suits and other spurious copyright claims, perhaps more often brought by pro se litigants rather than their entertainment lawyers if any. Therefore, Congress doesn't let us get away with it. Congress requires reduction to a "tangible medium of expression" as a pre-condition for copyright protection. But no, Congress does not require copyright registration as a pre-condition to copyright ownership itself - rather, copyright registration at or around the time of creation is discretionary with the copyright owner. Congress only requires copyright registration as a pre-condition to filing a lawsuit for copyright infringement - something that your entertainment lawyer litigator won't miss when reviewing the statute pre-filing of the federal court lawsuit.


Yes, your entertainment attorney will tell you that after-occurring copyright registration of a work does provide certain strategic advantages, relative to unregistered works. Copyright registration notifies those of us in New York, and in California, the U.S., and the rest of the world, at least constructively, that the copyright claimant thinks he or she owns the copyright in that registered work. Practically speaking, copyright registration creates a likelihood that another company including its own entertainment attorney performing a copyright search, will "pick up" (i.e., see, or notice) the previously-registered work, when that company or its entertainment lawyer counsel later conduct a thorough professional (or for that matter even a cursory and informal) ocular copyright search of the public records of the Washington, D.C.-based U.S. Copyright Office. Most film studios and their entertainment attorneys perform thorough copyright searches as a matter of course, for example, before optioning an author's literary work.


As discussed above, whether you live in New York, Los Angeles, or elsewhere, copyright registration with the U.S. Copyright Office in the Library of Congress in Washington D.C. is also a necessary precursor to your entertainment attorney litigator bringing a copyright infringement litigation in a U.S. federal court. For this reason, in practice, individuals and companies and their entertainment lawyers have been occasionally known to register their copyrights days - or even hours, paying an emergency rush filing fee using a New York-to-D.C. Fed Ex - before they sue for copyright infringement in federal court. Of course, the entertainment lawyer will tell you that it is better to register the work at an earlier stage than that. Filing a copyright infringement litigation predicated upon a USCO copyright registration in turn allows for the entertainment attorney litigator to recover certain types of damages afforded by the U.S. Copyright Act, such as "statutory" damages, and plaintiffs' attorneys fees. These types of damages would not be availing to the copyright plaintiff if his or her entertainment lawyer sued using a different common law theory. A copyright registration may also work advantages in terms of certain international copyright protections.


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This article is not intended to, and does not constitute, legal advice with respect to your particular situation and fact pattern. Do secure counsel promptly, if you see any legal issue looming on the horizon which may affect your career or your rights. What applies in one context, may not apply to the next one. Make sure that you seek individualized legal advice as to any important matter pertaining to your career or your rights generally.


Copyright Registration Is Not A Pre-Condition To Protection>
? John J. Tormey III, PLLC. All Rights Reserved.


My practice as a New York entertainment attorney includes copyright registration work in music, film, television, publishing, Internet, media, and all artistic fields. If you have questions about legal issues which affect your career, and require representation, please contact me:


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Friday, October 12, 2012

How Copyright Protection Works in the IPR and Entertainment Industry

Copyrights are the main types of IPRs that cater to the entertainment and publishing industries. The fact that these are big businesses, it is important that all those involved know how to generate, protect and manage these rights. This can only be done with the right IPR structure.


The issue of copyright and all the other intellectual property rights is not new. In entertainment and publishing business, it is a common to have great music and books copyrighted to protect the interests of the owner. The most common areas where copyright is used include copyrights for music, copyright for movies, copyright for drama, IPR for events and also copyright for live shows.


In any entertainment industry, there are different groups that benefit from this business. These are the big industry players and the small enterprises. All of these groups have in the recent years become victims of copyright violation. However, the enterprise that suffers the most is the small entertainment business. To be able to protect the smaller player, many governments have put in place mechanisms to help them protect their works of art. Nevertheless, even with these measures the individual artist is still not getting the best out of their work due to poor structured Intellectual Property Rights (IPR).


For many years, the bulk of taking care of an individual's rights has fallen heavily on the private individual. The fact that it takes a lot of management costs to monitor and enforce the rights, many authors, musicians and artists in the entertainment industry are not able to cope. Additionally, few have the self-determination and legal support to seek a more effective copyright protection.


This issue has become even more difficult to manage because of the new technologies being invented daily. There have been many cases of copyright violations online. The main problem with the internet is that it has opened a big opportunity for high time piracy. Additionally, it does cost a lot of money to monitor such a huge platform.


Even with all these depressing news for major player in the IPR and entertainment industry, there is still hope. It is possible to enforce copyright for music, copyright for drama, copyright for lyrics and copyright for live shows online.


The insurance industry has today taken up the task to offer copyright protection services. There are many insurance companies, which insure individual's work of art. Moreover, these services also cater to small enterprises in the entertainment industry. Fortunately, these services are offered at much cheaper prices, and the private individual is assured of some compensation in case of IPR violation.


For an individual in the entertainment industry to be able to enjoy his or her work, then the right IPR protection should be sought for. This include using copyrights protection or by insuring an individual's work. In the case of online IPR violation, there are programs underway to ensure that an Internet Service Provider (ISP) become liable to any kind of copyright abuse. These mechanisms will ensure that the provider is to control the occurrence of these abuses with the use of electronic filters. Additionally, they are to carry out any action against the illegal activities.


Ganesh R is the author of this article on IPR & Entertainment Industry.
Find more information, about Brain League IP Services here


Saturday, October 6, 2012

How to Copyright or Trademark Your Business

In my business consulting, I have found that a lot of people do not know the difference between copyright and trademark. They do not know how to copyright a logo, website, blog or business name. Or in using the actual term, TRADEMARK their business. I used 'copyright' in the title because most people confuse the two. However, as I researched this subject I found out some interesting things...


Copyright is actually not the same as a trademark. According to the U.S. Copyright Office, a copyright provides protection for original works in the realms of music, poetry, movies, literature, etc. In fact, copyright exists as soon as the publication exists. It is just advised to register your publication with the U.S. Copyright Office for legal purposes. Some people also like to publish the copyright facts on their publications and make sure there is a public record. Registration fees vary from $35 to $80. It cost more money to renew, get copies, or search copyright records. Believe it or not, people steal ideas so you want to make sure you are protected. And for a mere $35 at least, I'd say it's a good idea to make sure your writings are safe, LEGALLY.


Now to the good stuff. A trademark is what is used to protect patents, trademarks, and ideas. This is handled in the United States Patent and Trademark Office (USPTO). So, a business name, logo, or even business idea would fall under the trademark category. It is often confused with copyright but now you know the difference. The reason you would want to register for a trademark is to get legal use of a service mark (™, SM ,?) for your word, phrase, symbol, or design.


The benefits of getting the service mark is to protect your name. To keep people from stealing your ideas. Just like with copyright, if you claim ownership, you can use the ™ and SM symbols on your business name or logo at any time. But owning the federal trademark registration obviously has it's benefits legally. Some of which include, being able to defend your logo in federal courts, being listed in the USPTO database, and the use of the ? symbol. YES! You MUST be registered with the USPTO to use that symbol on your logos, etc. You cannot even use it if your application for registration is pending. So, there are great benefits to registering your business name and logo.


Now, keep in mind, the USPTO has the right to deny your registration application. Especially if there's a similar logo. So, you need to research and make sure your business name and logo are UNIQUE and fit federal regulations. When filing an application for trademark registration (or to get a service mark) you must file one application per category(class) you the need the service mark for. FOR EXAMPLE, if you need a service mark for a t-shirt logo AND for the store marquee, you must submit two applications. Application fees vary from $275-$325, depending on the type of application you submit.


I know it sounds a bit complex and confusing but registering your business name and logo are so worth the protection. Especially if you're an owner that offers services/goods, merchandiser, designer, or inventor that's about to BLOW UP! You can of course find out more and get an application at http://www.USPTO.gov


For help on a business plan and development contact us today!


Tamara Garrison-Thomas


http://www.garrisonprosperitysolutions.com


Monday, October 1, 2012

Illegally Downloading Movies - You Do the Crime, You Do the Time

Illegal movie downloads, most people know someone who has dabbled in it however not many people are aware of the legality and problems that may arise when downloading movies illegally online. With the vast amount of content that has been made freely available online it is no wonder why some people do experiment in downloading movies unknowing of the possible consequences. With almost 16.6 million people illegally downloading the hit movie Avatar in 2010 it shows you why the industry is desperate to halt and hopefully stop the steadily increasing stream of illegal downloads each year.


There is no other way to put it but illegally downloading movies is wrong, the clue is in the name and those that participate in this hobby are breaking the law. Downloading pirated movies is constituted as a criminal act which can lead to a variety of differing punishment for both the individual uploading the films onto file sharing web sites and for those downloading them onto their home PC. The punishments can range from large fines to imprisonment for the individuals who are downloading the films.


Fines are probably the most used method of punishment used by the movie industry to combat people who illegally download films. In April this year a group of 20,000 people were sued by a US based copyright group for illegally downloading films and they state that there were plans for another 30,000 people to also face the same action. New technology means that internet software can automatically track the users who download material on torrent sights and then flag those they suspect of illegal activity to the appropriate authority.


Although not as common as a hefty fine those that are found guilty can also end up doing some jail time. Serious offenders and repeat offenders have been known to serve a custodial sentence. More recently in Germany a new law is being discussed. It has been proposed that anyone found guilty of downloading a single illegal movie for personal use would face a prison sentence of two years. Anyone found guilty of downloading or copying films for commercial gain would face a sentence of 5 years. These are moves that the copyright and film industry are pressing for to be replicated in all leading countries. Once again you have to weigh up what you would rather do, spend a small amount of money to legally buy the movies from the legal sites or risk spending a lengthy spell behind bars?


In a more recent move by the larger film companies pressure has been placed on the Internet service providers to hand over the information of those who are downloading the films and a request to totally ban them from accessing the internet in future by blocking their IP address. Another new policy that is being implemented by many internet service providers is a three strike rule. If you are suspected of downloading films illegally you are sent a stern letter expressing that you stop all activity, ignore this and the subsequent follow-up letter and then you receive a third strike. On the third strike your details are sent to the owners of the copyrighted material who can request that not only are you barred from using the internet but that you are also attend a legal proceeding where you will face prosecution for your actions.


In terms of downloading movies illegally there is such a high risk involved, a genuine risk of imprisonment or a hefty fine. You do wonder why so many people still partake in this practice when there is an abundance of affordable legal sites you can use. You have been warned, if you do the crime you need to be prepared to do the time if and when you get caught. Remember, technology is on the increase each and every day, the film industry is worth millions and they are not going to allow those suspected of stealing from them to walk free.


If you want to learn more about legal movie downloads including information on file formats and playback media make sure you take a look at Legally Download Movies and stay on the correct side of the law.


Wednesday, September 26, 2012

Copyrighting Your Music

Any original idea that changes into a tangible form becomes copyrightable. Its author then has the right and authority to own his creation. This goes for any work in the field of art, literature, design or research and also music. Any music composed should be written down every minute from the creation of its first note to the point where lyrics are completed and the song is sung. Though all this music is to entertain people, it should still be kept safe from infringers.


Many music composers are reluctant to share their work because they fear their song might be unlawfully copied. But if a song is registered it gets protected against plagiarism. As soon as a work is put down in a tangible form on paper, disk or computer file, it is copyrighted but registering it is a whole new process.


The United States Copyright Office states, "Copyright is a form of protection provided by the laws of the United States to the authors of 'original works of authorship'... It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of the copyright." The US Copyright office has all these rights on its site and explains in three steps how to secure the copyright of a sound recording. The whole process takes six months and a registration fee of $45.


The US Copyright Office method takes a good amount of money and time but another cheaper, easier and quicker way is the "poor man's copyright". The owner mails himself a copy of his work and leaves the envelope unopened. This work is opened only when the owner has to prove his authority in the court against an alleged work or an infringement. But this method is doubted by the legal authorities because deception is very easy in this method. The owner can even mail himself an unsealed envelope hence change as much content as he wants to. Therefore this method of copyright is not as reliable as the US Copyright Office method.


A new form of "poor man's copyright" is posting your song recording or lyrics to websites as Echoboost.com. But these websites came up with no information on their back up therefore, they are not as reliable either.


Don Pass, man and a music business attorney and author says, "You don't need to register the copyright in Washington, but it is a nice piece of evidence. If someone claims he wrote the song on such-and-such date, and you can prove you wrote it before that; then it helps."


copyright uk Provides copyright service in UK to protect your legal work. For more information about copyright law feel free visit here: "copyright.co.uk"


Thursday, September 20, 2012

Copyright Violations and International Challenges

Many authors and publishers have been quite alarmed to find their books pirated, and reproduced in other nations and then distributed throughout the world. There have been big cases where stories from very famous authors have been pirated by the container loads. This happens all over the world, and it has been a big issue in China, probably because they produce most of the world's books now.


Imagine a pirating publisher taking all the books on the New York Times bestseller list, and printing tens of thousands of each, putting them into containers and shipping them to the United States for sale in our markets. Also, shipping the same books to many other countries before our publishers get the actual books on the shelves and into those markets. Yes, this is a serious issue.


Indeed, there was a very interesting article the other day in the Los Angeles times titled "China Gives a Shred about Piracy" by Barbara Demick reporting from Beijing China. The article explained that the Chinese government in Beijing had found pirated DVDs, books, and even magazines and they were destroying them. There was even a picture of a large Caterpillar skip loader moving everything into a pile to be burned. Indeed, it seems like a big waste of money to do that, but Beijing figures that it's the best way to send a message to prevent copyright infringement and piracy.


China now has The National Copyright Administration and the leadership in China wants everyone to know around the world that they are trying to stop the problem of copyright violations. This is a very good thing and it's going to make most of their trading partners quite happy, as it has been a very big complaint for a number of years. Indeed, China is also worried about copyright infringements concerning its own material now, as other countries are copying Chinese produced material, and now they understand the economic loss that can occur.


Yes, China is growing up and they are joining the world in getting rid of copyrighted contraband and pirated material. Some critics charge that this is merely a ploy and a drop in the bucket compared to the tens of thousands of cargo containers shipped all over the world of pirated products, and copyrighted material.


Perhaps, there is some truth to both sides of this debate, but just the fact that China is stepping up to the plate to do this, and to make a very public statement shows that things are improving. And that is a good thing. Indeed, hope you'll please consider all this and think on it.


Lance Winslow is the Founder of the Online Think Tank, a diverse group of achievers, experts, innovators, entrepreneurs, thinkers, futurists, academics, dreamers, leaders, and general all around brilliant minds. Lance Winslow hopes you've enjoyed today's discussion and topic. http://www.worldthinktank.net/ - Have an important subject to discuss, contact Lance Winslow.


Friday, September 14, 2012

What If Google and Wikipedia Disappeared Forever?

As most know Wikipedia went dark on Wednesday, January 18, 2012 in protest of the SOPA bill, and for them with a small staff, they certainly have a point, as their business model could be targeted and shut down. There is no way they could hire enough people to ensure everything posted was original, every sentence, and every picture "duty free" - thus, what if Wikipedia did not exist? Google also blacked out its logo to get us to think also.


Okay so, let's discuss this shall we? What If Google and Wikipedia disappeared forever? I guess your online experience wouldn't be the same, and no one can remember everything on the web. If knowledge is power, what if your power was hijacked and sold back to you, or kept from you? You think the 99% have it bad now, what if? Got a set of encyclopedias? Well, I do, along with a 3500 volume library, but really it is a tiny sliver of the information now available online as you know.


Indeed, I was talking to a college professor locally here recently about Wikipedia going dark for one day, and he said he wished he would have known sooner, as he would have scheduled a research paper or term paper due the following day knowing most students pull an all-nighter the night before and lift information from Wikipedia, and it would be great to watch them drown in sorrow without all that information, make them do their own research for a change. I laughed with him on that point.


And yet, still we both agreed that the SOPA issue and the draconian measures proposed would indeed limit information, and would be used to censor soon enough. Any politicians who didn't want critique would figure out a way to use that law to shut down their political critics or opposition. Corporate America would use it to shut down whistleblowers, or upset consumers to falsely prop-up critics of their products and services. Governments would use it for the same. It would be a nightmare.


The reality is there are laws against people who pirate software, music, movies, or sell pirated branded products. No one denies that, and we all know that needs to stop, but in the end this SOPA rule will not really stop much, but it will quell free-speech, freedom, liberty, and democracy. That's not something that the United States ought to be spear-heading, it goes against all we stand for you see.


There was an interesting article in the Atlanta Wire recently titled; "The Great Martin Luther King Copyright Conundrum," by Adam Clark Estes published on January 16, 2012, which stated:


"Believe it or not, to legally watch that famous MLK "I Have a Dream" speech -- arguably one of the most hallowed moments in American History -- costs $10 thanks to the twisted state of US Copyright Law. With the dramatic rise of the issue of digital rights, thanks largely in part to the dramatic controversy surrounding the Stop Online Piracy Act (SOPA), the story seems unusually prescient this year."


Yes, indeed, and that's a good point isn't it. Well, I will leave you with that, and I hope you will please consider an altered online experience if something like SOPA ever came to pass. Think on it.


Lance Winslow has launched a new provocative series of eBooks on Future Concepts. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net/


Saturday, September 8, 2012

Google Images, Free Vectors, GIF's, and Icons: What You Need to Know Right Now

So you've found the perfect images for your project, but you may not know about copyright or you might not be sure whether it's okay to use the images for your personal or commercial needs. While it may be frustrating enough to want to hire a copyright lawyer, many small businesses, website owners and craftsmen may not be able or willing to spend big bucks for copyright services.


First, what is copyright and how does it affect you?


In general, copyright protects the creator and his work from being copied. This applies to both personal and commercial uses. The creator of the work alone has the right to copy and control all aspects of any copies made of such work.


In the United States, copyright is the right to create a piece of work and automatically be given protection from another entity using or copying that piece of work, for personal or commercial use, whether or not it has been published or registered.


All countries have their own copyright laws, and those laws must be adhered to by anyone who wishes to use images from another country. You can find helpful information about many countries' copyright laws by reading the U.S. Copyright Office's Circular 38a: "International Copyright Relations of the United States" at copyright.gov/circs or by visiting the World Intellectual Property Organization's website at wipo.int/.


While it's not necessary to spend hours reading about copyright law, it's a good idea to be a little familiar with it. You can find a good overview on Wikipedia, just use the search term "copyright".


In general if you do not adhere to copyright laws you risk being sued, and penalized.


The good news is that most designers are well aware of the copyright laws that protect them, and will be more than happy to tell you what you need to know to use their clip art for commercial purposes.


To be safe, find and keep a record of the following information about the clip art you've chosen:


Some websites offer hundreds of different artist's work. Not all of the artist's allow commercial use, and some have different terms of use.


Does the actual creator of the image allow commercial use?


Do you need to pay extra for a commercial use license once you have purchased the image, and how long will the license last?


Are you limited to how many items you can use the image with, or to what types of items you can make with the image?


Will you have to pay royalties and what will the terms be?


There are also a couple things you should never do:


Resell the images as they are. For example: You want to compile or offer some clip-art, vectors or graphics on a CD or website. To do this, you would need a special "Resale License" and most designer's do not offer this. Change the art in any way or claim the it as your own. In most cases you cannot copy or change any works created by another entity.


It is absolutely necessary to check (and document) the designer's "Terms of Use" or "Policies" to get the answers to these questions. If you can't find a designer's terms of use, or you're still not clear on how their terms play a part in your intended use of the images, the best thing to do is to email the designer (or photographer) and ask. Either wait for an answer or be prepared to shell out some money for a copyright lawyer.


Imagine that you have a successful product, with a lot of time, money, and hard work behind it. It is safer and easier to deal with copyright issues in the beginning rather than in the end, in court.


Need royalty free clip art, and graphics? Find them at ImagesClipArt


http://www.imagesclipart.com/


Monday, September 3, 2012

Most Bloggers Do Not Copyright Their Work - And Why You Should or Shouldn't

If you are a blogger, I am certain that you've considered copyrighting your work. And if you blog about more intellectual things, I am also certain that people have copied what you've written, or the ideas and concepts onto their own blogs. You may not care, because you are able to spread your message across the Internet in this way, and if the individuals mentioned you and give you credit for it, that helps spread your notoriety and popularity. That's all good if that's what you're interested in.


Now then, let's take another case in point. What if someone is stealing your work off your blog, and is then either rewriting it, or simply claiming it as their own, and putting their name on it? How would you ever know that they are doing this, after all there are hundreds of millions of blogs in the world? Should you copyright what you write? Most bloggers don't, because they have considered the comments above, and they want to spread the word about something they believe in, something that is near and dear to their heart, perhaps a social cause - alternative energy, or something they wish to make known to the public online.


If you put a copyright symbol at the bottom of each blog post on your blog where it can be seen quite easily, this will deter probably 50 to 75% of those who might steal content from your site. But it will not deter the hardcore content thieves very often, or folks that don't believe in copyrights anymore, as perhaps they are part of the new generation and believe all the information belongs to the world, even though you created it. These folks are less likely to give you credit, and they may be stealing you blind. In other words they are using your thoughts, your words, your concepts, and ideas and spreading them around.


If you are someone like me, you probably aren't too offended because the reason you write is to get a message out to everyone, but if you are like me, it probably irks you when people steal your content, and fail to give you credit for it. If someone takes your content, gives you credit for it and gives you a link back to your website, you may think that is fine, and you might even send them an e-mail thanking them for it. One thing I have found is that when people steal your content and you catch them, they won't even bother returning your e-mail and sometimes they won't even remove it from their site.


So what is a blogger supposed to do - threaten another blogger? As you know that can start online animosity and words of war. Nevertheless the amount of copyright violation going on with blogs around the Internet is so intense, and so problematic, that it is doubtful that any copyright law or symbol will protect you whether you display it or not.


Is this simply a cost of doing business, is this the price you have to pay for getting your words out online? If it is that is rather upsetting, but it's something you have to come to terms with when it comes to copyright law online. Indeed I hope you will please consider all this.


Lance Winslow is the Founder of the Online Think Tank, a diverse group of achievers, experts, innovators, entrepreneurs, thinkers, futurists, academics, dreamers, leaders, and general all around brilliant minds. Lance Winslow hopes you've enjoyed today's discussion and topic. http://www.worldthinktank.net/ - Have an important subject to discuss, contact Lance Winslow.


Monday, August 27, 2012

Copyright Act of United Kingdom

Copyright Law is part of the intellectual property law that assures security of original compositions. The Copyright Act grants protection against plagiarism to all tangible pieces of work. These include work pertaining to literature, music, film, art, lectures in public, Government work, question papers of an examination and plans of a building.


In United Kingdom, a copyrighted product is secure with the government and is reproduced by the owner from an official government source if the date or content of his work is challenged for infringement. This effort is put in to increase the economic benefits of the owner and encourage more people to participate with their creativity which in turn helps in exploring new talents, techniques and materials. All this eventually benefits the country. Copyright Registration Service is offered by the intellectual property office to keep track of the output of businesses and individuals for the protection of copyright ownership.


In UK, copyright registration is conducted by agents of copyright or attorneys at the office of the Copyright of UK. Works of literature, music, drama, art and sound recordings are protected from unlawful reproductions or translations. A register is maintained where they enter names and titles of the work along with the complete details of the author, publisher and owner of copyright.


The owner, author, publisher or any person who lawfully wishes to attain the rights of a particular product, may apply by submitting a form with the prescribed fee to the Registrar of Copyright for entering the details of the work in the Register of Copyright. Once the application is received from the owner of the original work, the registrar then carries out necessary enquiry before issuing copyrights. If a correction is required after the registration has taken place, the authorized person files an application again. This is brought into notice of the registrar who then orders rectification. Omissions or incorrect additions are then taken care of and altered as required. Whether it be a change in name, address or any other detail, it is carried out by the registrar and the entry is amended in the register of copyright.


Any entry made in the Register of Copyrights or an alteration in terms of addition or omission in the already existing entries, is brought to public notice by the registrar either by publishing it in the Official Gazette or by any other means he finds appropriate. The Copyright Act of UK provides a big range of categories to protect the creativity of its people from violation. These categories include art, literature, music, drama, films, broadcasts, official work and allow them to reproduce their work and perform in public without fearing plagiarism.


Find out more helpful information about Copyright protection. plz visit our Copyright UK Site: copyright.co.uk