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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.
As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.”
Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself! 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