How Specialist Copyright Solicitors Deal With Copyright Infringement

If you are the creator and owner of a piece of work that is protected by copyright and someone makes use of that work without your permission, this could well be a case of copyright infringement.

If you suspect that this has happened to you then it is definitely a good idea to seek the advice of specialist copyright solicitors to find out about your legal rights and what your options really are. Read on for an introduction to Copyright infringement and the legal issues surrounding it.

Copyright infringement could take many forms, including things such as straightforward copying of your work, performing drama in public without permission, broadcasting work in public, playing music in public, renting work to the public or altering work (such as by translating it) without permission. However, it is worth noting that some uses of work are allowed by law and it can often be complicated proving that your rights have actually been infringed upon. This is why you are advised to talk to specialist copyright solicitors if you think you have a case of infringement.

There are a couple of things you need to consider if your work has been infringed upon. One is whether you are willing to give your permission for the work to be used, and another is what you want to do if you aren't willing to give them permission. Many people are willing to give permission for their work to be used in certain circumstances as they can often benefit financially as a result.

For instance, one option would be to set up a licensing agreement with the person or group wanting to use your work. This is something that your copyright solicitors would be able to help you with and you could typically expect to earn royalties or benefit from some other payment in return for them being able to make use of your work in a specific, agreed way. This will normally also include provisions for termination of the license, which helps you to further protect your work.

When it comes to taking action against someone who has infringed upon your work, you will normally have to contact them to explain the breach. You can ask them to stop using your work if you wish. Generally, legal action should be the last resort but if they do not heed your requests, you should talk to copyright solicitors. You should also talk to solicitors if you want to set up a license or other form of agreement. Often, people don't even realise they are infringing your copyright, so it is always best to be polite and most situations should be able to be resolved without too much difficulty.

If you think you're the victim of copyright infringement, you need expert legal advice - talk to the specialist copyright solicitors at Bonallack and Bishop who are able to offer city quality copyright advice at local prices.

Copyright Protection: 2 Intriguing Objects Eligible for Copyrights

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Copyright -- a federal protection granted to the author of a creative work -- is commonly understood in contexts such as books, movies, photographs, and paintings. It's clear to most people that, under normal circumstances, you can't copy someone's novel and publish it as your own, post someone else's photo or painting on your own blog without the author's permission, or create an unauthorized sequel to someone's movie.

But did you know copyrights are not limited to words, pictures, music, and video?

For a work to be eligible for copyright protection, it must be the expression of an idea (not simply the idea itself, for ideas are not copyrightable), and it must be considered to have unique authorship (it cannot be an exact duplication of something else). Here are 2 intriguing types of work that do fall into these parameters and are, in fact, eligible for copyright protection.

1. Vessel Hull Design

Dating only as far back as 1998, the Vessel Hull Design Protection Act provides protection for -- you guessed it -- original ship hull designs.

While copyright registration for most of the more familiar types of works (music, text, movies) require a copy of the work itself to be submitted along with the application, the hull of a ship is understandably difficult to deliver to the US Copyright Office. For prohibitively large works such as this, the Copyright Office requires "identifying material" consisting of pictures and measurements.

2. Architectural Works

It seems odd to imagine a copyright on a building, but works of architecture can now be copyrighted by submitting the blueprints to the US Copyright Office, due to a series of modifications to copyright law throughout the centuries.

Works are architecture were introduced into copyright law almost as a fluke: the first copyright law specified that only books, maps, and charts could be protected; the next version broadened the to include "writings" by an "author"; the next version allowed for "drawings... of a scientific or technical nature"; only the next version after that specifically mentioned architectural drawings -- but even so, the buildings themselves were not explicitly mentioned, only the drawings or blueprints themselves.

In 1989, when the United States joined the Berne Convention (an international set of copyright agreements), they were required to adopt the rules and standards of the convention -- and among these requirements was that copyright would extend to the architectural works themselves, and not only the blueprints.

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

Since 2000, Click Industries has helped thousands of small business owners, entrepreneurs, artists, musicians, and writers start new businesses, protect their creative works, and keep up with information on small business and intellectual property.

Intellectual Property Law - Copyrights and Trademarks

Businesses as a general rule are constantly creating original intellectual property. This can be in the form of anything from articles, web pages to videos. As you are putting time and resources into making the original material it is understandable that you would also want to protect it. This is where copyright comes into play.

Copyright will keep or your original work protected from being used without your permission first. If you found that someone has breached your copyright and gone on to use your work without asking you first, you have the right to take legal action against them to seek financial compensation.

If your work has a copyright, it also means that you can license it out and reproduce it in anyway. This means that you can receive an income from your copyrighted material.

In the UK you do not have to register to get a copyright. It is created automatically as soon as an original work is made. A work has to be original to be granted a copyright, which means it must be significantly different to any other existing work. This is a qualitative as opposed to a quantitative measurement. To ensure that people are made aware that a work is protected by copyright you might want to consider adding a '?' mark to any original material that you create along with the name of the person that made it and the date of which it was made.

Some industries such as the music industry are protected by copyright collection societies. These societies will deal with licensing of copyrighted material on behalf of the copyright owner.

If you decide to licence out and of your copyrighted material, you should ensure that you have written up a firm copyright licensing agreement. This should include the terms in which you are licensing out the material, where it can be used and how long for. You should expect to get a fee for licensing out any copyrighted material and you should detail the amount in your agreement. This is known as a royalty.
You should ensure that you licensing agreement is written up by a legal professional to ensure that it is water tight and that you don't leave yourself open to being exploited.

You may want to consider registering a trademark for your company. This should be a sign that people associate with your business and could be an image, logo, phrase or any other thing which identifies your company. If someone copies your trade mark you will be able to take legal action against them. Sometimes even if you haven't registered your trade mark you may be able to get compensation if another company uses your logo, as it is illegal to get trade by using a logo which is already associated with another company. This is known as 'passing off' but it can be difficult to prove.

If your company invents new products, you may wanted to consider getting them patent protected. A patent protects an invention for a specific amount of time so that no one else can make the same invention and sell it.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk

Are You In Favor Of Freedom of Speech? Are You Sure?

In the course of performing my act (i.e., giving speeches) about the nature and pleasures of a REAL wellness lifestyle over the course of almost forty years in all parts of the country, I have made it a practice to ask questions within the first minute or two of my introduction. I ask audience members if they are in favor of freedom of speech. Doing so prevents anyone from trying to nap and serves to keep the audience involved. It also helps me make a point while segueing into the topic of REAL wellness.

The point I make is that everyone (unless I'm in Alabama) claims to favor free speech, but only if it comports with their opinions.

Usually, the opening goes like this: "How many of you are in favor of freedom of speech?" All hands go up. Then I ask, "How many of you are in favor of allowing speech that insults your religion? How about speech that denigrates the flag? What about speech that insults the president, your favorite sports team or Elvis?

In every instance, the number of raised hands drops significantly.

The conclusion, as already noted, is disturbing: Many Americans favor free expression, provided the expression is agreeable. No wonder civil discourse has reached such a low state.

I won't go into the nuances of constitutional law, in part because it's boring, in part because I'm not qualified and mainly because it's not the point I want to address in this essay. Instead, I wish to rant about gutless disclaimers from pusillanimous writers terrorized into pitiful cowardice by bottom-dwelling lawyers urging the fainthearted to sue for the quick buck. This has a disquieting affect upon freedom of speech.

Unlike the rest, however, I shall buck the trend. Are you ready for it? Take a deep breath-there's a long sentence coming up. Here it is: Essays in this and all the "Don's Reports" at SeekWellness stand on their own and I make no apologies for any of them, except to note that all opinions expressed in these columns are really not mine or anyone else's at this company, including my friends and my cats and don't quote me on that or anything else. All rights are reserved; these insights are copyrighted and you can't profit from them or include any of my stuff in commercial publications without written permission from the president of the United States. Other copyright laws for specific one-liners apply wherever noted. Articles are subject to change without notice and some have been slightly enlarged to show detail. Any resemblance to actual persons, living or dead, is unintentional and purely coincidental. Hand wash any printed copies of these essays and tumble dry on low heat and don't bend, fold, mutilate or spindle the thing. Your mileage may vary and be advised that no substitutions are allowed.

For a limited time only (until the Year 3000), you can purchase my new book which is called REAL wellness: It's what's new in wellness today at this website established expressly for this purpose - but you must act quickly and, needless to say (but I will just to be safe), this offer is void where prohibited by law, taxed or otherwise restricted. Advice is provided "as is" (as opposed to how it should be) without any warranties expressed or implied-user assumes full liabilities for the consequences of taking my advice. I'm definitely not liable for damages due to use or misuse of my recommendations. I am an equal opportunity wisdom-giver. Naturally, if you attempt to read this DR wearing no shoes or shirt, well, then I can't offer a service or other advice on how to live your life.

Remember that quantities of these essays are limited while supplies last; if defects are discovered, do not attempt to fix them yourself, but return the essay to an authorized wellness service center approved by and on the take to me. As mentioned before or at least I meant to, caveat emptor-read these essays at your own risk. Parental advisory-explicit opinions are provided with and without discretion. What's more, text may contain material some readers, myself included, find objectionable.

Guidance of any kind is advised. Keep these essays away from sunlight, pets and small children. Limit of 365 essays per family annually please; no money down; no advance purchase necessary and you need not be present to win. Some assembly required and batteries are not included. Action figures sold separately; no preservatives added but safety goggles may be required during use. Sealed for your protection, do not read if the safety seal is broken. Be sure to call before you dig if planning to bury printed copies of these essays for time-capsule purposes. "Don's Reports" are for external use only-if consumed and a rash or redness or irritation or swelling develops, discontinue eating printed copies. Read only with proper ventilation; avoid extreme temperatures and store in a cool dry place. Keep away from open flames (it is paper, you know) and avoid inhaling the ink fumes if your copy is "hot off the press." Avoid contact with mucous membranes and do not puncture, incinerate, or store above 120 degrees Fahrenheit or centigrade, either. Do not place near flammable, magnetic or thermonuclear sources; smoking the essays would show bad taste and disrespect and, of course, may be hazardous to your health, though I have not checked this with the Surgeon General.

The best safeguard, second only to abstinence, is to wear protection when reading essays in public. All text used in "Don's Reports" was derived from 100% recycled electrons and magnetic particles; no animals were used to test the hilarity of my humor, nor do they contain any salt, MSG, artificial color or flavor additives. Depending upon personal quirks, however, if ingested, the commentaries and editorials could induce vomiting so if symptoms persist, consult a proctologist. Printed copies of these essays are slippery when wet; you should be 18 or older to read this stuff. Possible penalties apply for early withdrawal from reading any given essay; witticisms may only be uploaded at valid, participating websites; rates are slightly higher west of Catalina Island; allow four to six weeks for deliveries.

These disclaimers cover hurricanes, lightning, tornados, tsunamis, volcanic eruptions, earthquakes, floods and other Acts of God, misuse, neglect, unauthorized repair, damage from improper installation, broken antenna or marred cabinet, incorrect line voltage, missing or altered serial numbers, sonic boom vibrations, electromagnetic radiation from nuclear blasts, customer adjustments that are not covered in the above list, and incidents owing to airplane crashes, ship sinkings, motor vehicle accidents, leaky roofs, the OJ verdict, broken glass, falling rocks, mud slides, forest fires, flying projectiles or from dropping the item. Other restrictions may apply.

Remember, I'm open to all arguments in support of my opinions. If something I wrote offends you, please adjust your opinions more in line with mine and consider taking both of us less seriously and move on to more consequential matters. One more thing: All opinions expressed in these essays concerning personal responsibility and that sort of thing are mine alone, and do not necessarily reflect the official view of the SeekWellness Editorial Board, the National Wellness Institute, my grandchildren or President Obama. However, I prefer to think that now, if not before, a few of these opinions are yours, too.

May random good fortune be upon you and all of us in seeking to become and stay well and mentally prosperous while doing what little we can to support others to do likewise.

Copyright Law - 5 Common Myths About Copyright Law You Should Know

As a published author, I am amazed and encouraged by the current "independent" publishing boom happening as a result of the popularity of the Kindle and Nook readers. Writers who once papered their walls with rejection slips now take chances by producing their work on their own. Some, like HP Mallory and Amanda Hocking, have succeeded in finding audiences and sales. Others do well enough to cover the monthly grocery bill, but in the end all writers should be concerned about issues involving copyrights.

Just as it is simple for an author to upload a book to Amazon for sale, it's easier for somebody to take an existing book, change the title and cover, and do the same thing. The latter situation, however, exemplifies violation of the original author's copyright. If you intend to write and publish your works, you should get to know the US Copyright laws very well. While this article will not cover them completely, it will touch on a few of the best known and debated myths:

1) It is required to register everything you write with the US Copyright Office.

Not necessarily, though some authors may wish to do so for peace of mind. If you find a publisher for your work, the publisher may handle registration for you, or else instruct you on how to do it. Essentially, though, if you include "Copyright (date) by (your name)" with your work, that is legally sufficient. Some authors, too, may apply what is called the "poor man's copyright" to a work by mailing sealed copies of the works to themselves, then storing the packages. This way, should somebody try to pass your work off as his own, you have the materials.

2) If enough people circulate the work, the copyright becomes void.

This is simply not true. This just means that more than one person is violating the copyright. Depending on the laws of the country, a copyright on a work will not expire until a certain period of time has elapsed. In the United States, books published after 1978 do not become public domain until seventy years after the death of the author or copyright holder. Books published before 1923, however, are primarily in the public domain. If you were to visit the Project Gutenberg website, you would find that you can download works by Mark Twain that are public domain, but you will not find Margaret Mitchell's Gone With the Wind, which is still under copyright.

3) Since there is no copyright listing on the work, that means it's public domain.

This hearkens back to the first myth. A work is copyrighted when an author writes it.

4) Circulating the work, and even charging for it, doesn't really hurt anybody.

With the advent of digital download has come a new pastime for people, commonly known as piracy. One can easily find a torrent website that offers downloads of novels, music, and even full-length movies. The notorious site Napster was originally conceived as a file sharing site where people could upload music files - they came under fire from music groups and the RIAA for copyright infringement. Similarly, it is not uncommon to visit a site designed to showcase original writing and discover somebody has uploaded published romance novels. Even the Harry Potter books, which have yet to be made available in eBook format, have shown up on torrent sites!

When you upload a book, song, or movie to a sharing site, you might think it doesn't hurt anybody. In truth, you are taking profits from the people who created those works. For every thousand downloads of a novel, that author loses royalties, money that may otherwise have paid a heating bill or rent.

5) Copyright violation isn't really a punishable crime.

Commercial copyright violation in the United States is a felony if more than ten copies of the work (valued over $2500) are involved. Nonetheless, many copyright holders have found it frustrating to administer takedowns of illegal copies of their works because the sites involved may be registered in other countries where the laws don't apply. All the same, if you are unsure a work is in the public domain, think before you share it.

There are ways to legally obtain copyrighted works - buying them from authorized resellers, checking them out at the library for two. As a writer and consumer, it is important to note how the copyright statues in this country work.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.