Public Domain Works - What Is It?

By Luis Arroyo
You may have heard of works that are in the public domain being used as new products by entrepreneurs today. This is a great way to start a business, or to improve the overall bottom line of an existing business.

Work that is in the public domain includes any work for which the copyright has expired, and not been renewed, any work that was published prior to 1923, works produced by the United States Government, and other specific Governments, Work that is donated to the public domain, or any other work that has no laws that restrict its use by the public.

The work itself may be in the form of a book, an article, a song, a film, a photograph, a painting, or even an invention. These works that are not covered by copyright laws, or are no longer covered by copyright laws, are free for the public to use as they see fit.

This does not mean that if a work is freely obtained it is in the public domain. In other words, if you saw it on a website, for free, that doesn't mean that it is okay for you to use it. In fact, most things that are written down, in any form, are automatically copyrighted.

Public domain refers to work in which the copyright has run its course. According to the Copyright Office of the United States:

"The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication.

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors." (Source: http://www.copyright.gov )

Public domain also refers to work that was meant for the public domain, such as work that is donated, as well as work that never had a copyright, which would be work that was created prior to 1923, or work that was not copyrightable material.

These materials are free for the public to use, in any manner that they choose. You can use bits and pieces of a public domain work, or the entire work itself. You can create new work from the bits and pieces, or sell an entire work - as you see fit.

Copyright or Copyleft?

You most likely know what a copyright is, but if you don't, according to the United States Copyright Office, a copyright is a set of rights granted by the Government for a limited time to protect creative or artistic forms or works including literary works, movies, musical works, sound recordings, paintings, photographs, software, and industrial designs.

But what is Copyleft?

While Copyleft is NOT an actual legal term, such as copyright, it is often referred to as a reciprocal license. With a Copyleft, instead of a copyright, restrictions are usually imposed on a work stating that when the work is copied, modified, or used in any subsequent work, the author of that subsequent work must grant the same Copyleft rights to the public for the subsequent work. It's kind of like passing the rights forward.

Copyleft is usually symbolized with a backward C in the copyright symbol. Copyleft is often used for open source computer software, documents, music, and art. Copyleft is essentially the opposite of a copyright.

Where a copyright basically says 'no, you may not use my work,' a Copyleft says 'yes, please use my work, but you must allow others to use the work that you create from my work as well.'

READ MORE - Public Domain Works - What Is It?

Copyrights: You Can Preregister Your Work

By Frederic Douglas
People often ask how to "copyright" their work, be it music, a novel, a website, a software application, or many other works. They recognize that they should register a copyright to receive proper compensation, respect, or at least credit for their hard work.

But what if you have not finished your work but someone might still be copying it before you are ready to spring it on the world? For example, you are working on a song and you email the demo track to a producer to try to seek help in working on your song. The producer never returns your messages. The producer did not even acknowledge getting your email with the song attached.

Is the producer too busy to listen to your song? Is the producer thinking that your song totally sucks? Or has the producer stayed up nights and weekends rehearsing the song with a protégé and preparing the payola deals with Top 40 radio? Of course, this never happens in real life. Just a hypothetical.

Perhaps you should consider preregistering your work as a safeguard. Whenever your work is not finished, but you think that someone else could begin to become "inspired" by your unfinished masterpiece, preregistration might help.

Before you go to copyright.gov to preregister your work, understand that preregistration is not useful for most situations. Take my song example above. Besides the preregistration of the song, you could have actually registered the musical composition (you do know how to read musical notation, don't you?) and you could have actually registered the "sound recording."

Still, you might want to preregister your work. Note that preregistration is not a substitute for registration. It is only a safeguard. You still need to actually register the copyright when the work is published. Take another example, this time for a holiday cookbook. You expect to publish the book at the beginning of the holiday season, even though you finished the book six months in advance. Just because the book is not published yet, you can still register the copyright as an unpublished work. You can actually register a completed work that is just not published yet (or ever). Preregistration would not have provided any benefit if your manuscript was already finished.

The U.S. Copyright Office allows you to preregister only if the work is unpublished and you are preparing the work for commercial distribution (you are hoping to make money, aren't you?). You also need to have already started creating your work. Talking about it at the local cantina or therapist's office (redundant?) is not enough. Either way, the Copyright Office will allow preregistration if the work is either a film, musical work, sound recording, computer program, book, or a photograph for advertisement.

READ MORE - Copyrights: You Can Preregister Your Work

Plagiarism - Different Ways How You Can Avoid Plagiarism

By Suryaratna Chandrashekar
Plagiarism is the process of copying a person's idea or written work and claiming it as their original. This is just one definition for it, but at the core of it is cheating. In most countries, it is considered illegal. It can easily be avoided by citing the sources and writing your own work.

How to Prevent Plagiarism:

1. Be mindful that plagiarism happens.
2. Know the different types of its occurrence.
3. Quote the experts and then provide your own reasoning and point of view.
4. Ask for assistance. For editing or additional knowledge, a teacher, mentor or boss can assist you with the specifics.
5. Avoid the use of "common knowledge" unless the common knowledge can be followed up with facts. For example, Barrack Obama is the 44th President of the United States is a common knowledge; how many soldiers died during the war, is not.

There are a few examples of plagiarism:

a. Copying an article, essay, etc on the internet and posting it on a websites.
b. Removing the name of the author and changing it to your own name.
c. Getting the exact phrases from another person's work.
d. Copying or grabbing another person's photo, ideas, or work without their permission.
e. Presenting research in your own words without giving the reference.
f. Obtaining another person's text and using it as your own.
g. Showing the ideas in the same way as someone else, with the same research source.

Types of plagiarism:

a. The Self Stealer - The writer takes from his earlier work that has originally been used someplace else, like a college student taking an old high school paper and using it in college.
b. The Photocopy - They copied important portions straight from one source.
c. The Potluck Paper - The writer attempts to cover up plagiarism through copying from more than a few resources and rephrasing it.
d. The Poor Disguise - Important matter of the content has been retained but the writer altered it through changing key words and phrases
e. The Labor of Laziness - Paraphrasing many sources and joining them together to place it in a single work.

Ways to avoid plagiarism

1. Paraphrase - Be sure not to use someone else's words, alternate ways to say the same thing or just rewording the sentence is not going to work, it is still considered plagiarism. Write your thoughts in your own words based on your own comprehension. It is advisable to go through the needed reading material, study it then put your own spin on it to make it totally yours.
2. Quotation Marks - When you need to use someone else's writing as a basis for your article, it is advisable to put them in quotation marks.
3. Cite Sources - It is safe to put "According to doctor or professor", and a link to provide the website can.
4. Manage your time - If a deadline was given to you, it's best to work earlier so that there is an ample time to investigate or evaluate your research and write again if necessary.

No matter how you might think about it, plagiarism is stealing. You are using someone else's hard work and calling it your own. Take the time needed for what you are trying to do, and make the work your own. Then you do not have to worry later on that someone will find out that you did not do the work and cause you a lot of grief, possibly losing your job, college degree, reputation or a good friend.

READ MORE - Plagiarism - Different Ways How You Can Avoid Plagiarism

Copyright Law: An Overview

By J M Dawson
Copyright law is a property protection law that protects any type of literary property, such as literary work, music, films, sound recordings, artistic work, and dramatic work of the original writer or creator. The law comes into action the moment the work is created. This law helps in protecting the rights of the writers and creators.

Works Protected By Copyright Law

Literary works includes poems, shorts stories, business letters, books, novels, and any other type of original writing. Dramatic work includes dance, sound, and mimes. Musical works includes the rhymes, the musical notes, and the materials that affect the human ear, like harmonies or orchestras. Artistic works include photographs, sculptures, architecture, and graphics. Film and sound recording or broadcasts include sound tracks and the dramatic work that goes into making films.

Infringement Of Copyright Law

Any kind of recreation of these works is considered copyright infringement, and copyright law kicks in. The copyright law does not protect ideas or patents. Patents are protected by patent law.

Copyright law comes into effect as soon as a literary work is created. However, it is a good idea to protect the copyright of the material by indicating the copyrights after the work is completed, so any accidental reuse can be avoided. Further, one can register the work at a copyright office for safety purposes. This is especially applicable to some huge literary works, or innovative work, or any other high-value work, such as novels, new research, a good story, and many more. If a work is registered at the copyright office, any claim of ownership or any claim against misuse of copyrighted material can be dealt with successfully.

There are several copyright registration options available, online registration and in paper registration to name a few, and these cost less than $100 in registration fees.

Legal Recourse

If one finds that a particular work has been stolen and reproduced elsewhere, one can file a copyright infringement claim. However, the onus is on the claimant to prove that the material was originally created by him or her and prove that it had copyrights before the other party reproduced the work. If the material is registered at the copyrights office, it is easier to win the claim; however, if it is not registered, one would need an expert attorney to represent one's case.

If one is beginning any important literary or artistic work, which is high value, and if one believes that losing the work can cost a lot financially, one can hire a copyright attorney, who will ensure that the material is protected from the beginning and adequate safeguard measures are taken to prevent any accidental or intentional infringement.

Any printed material immediately comes under the purview of copyright law. However, the value of the printed matter differs from something nominal to high value. Thus, the impact of copyright infringement also varies based on the value and type of material. It is always a good practice to immediately register any printed material with a copyright office to avoid legal hassles and financial loss that may occur in the future.

READ MORE - Copyright Law: An Overview

When Is Music Sharing Illegal?

By James Witherspoon
Sharing music through the Internet has become enormously popular around the world, especially on college campuses. Online piracy of music is defined as uploading a copyrighted sound recording to the Internet for others to download or downloading the uploaded music from a website or file-sharing network. These actions are considered to be illegal even if the downloader or uploader doesn't resell the music file. Another form of music sharing on a website, streaming, is also considered to be illegal.

The laws traditionally associated with movie copyrights also apply to music. When music is illegally shared, distributed, reproduced, or rented, it falls under the jurisdiction of the FBI who can then investigate and prosecute those who break copyright laws. If you are found guilty of breaking copyright laws, you may be fined $250,000 or given 5 years of jail time for damages to the music industry.

There are other forms of material that fall under the copyright distribution laws. These include:

Software Written materials , Pictures , Sound recordings ,

The Recording Industry Association of America gives examples of different situations that are deemed illegal file sharing activities. These are:

* Someone sends you copyrighted music via email and you forward it on to your friends.
* You buy a CD, make MP3s out of the songs, and upload them available on a peer-to-peer network for others to download.
* You don't provide music on a file-sharing network but you download music from it.
* You pay to download or upload music on a peer-to-peer network, but the network is not an authorized distributor of music.

READ MORE - When Is Music Sharing Illegal?

Some Business Owners Are Unaware That If They Play Music in Their Business They Need a Licence

By Stewart Spencer
If a business includes music in its products or in their telephone on-hold system they need clearance from the owners of the music. They should be aware that penalties exist for non-compliance. This also applies to Wedding Videos, School concerts and events that play music, even as background mood music.

PRS (Performing Right Society) for Music created in Jan 2009 with MCPS (Mechanical-Copyright Protection Society) are the non-profit organization set up to ensure composers, publishers and songwriters are paid the royalties due to them whenever their music is played. This applies to live performances, TV and Radio, CD & DVD Duplication, CD & DVD Replication, in other words, all Duplicators and Replicators require a copy of the licence agreement prior to proceeding with the 'copying'. It also applies to downloads and streams and everything in between.

The cost of the music licence will depend on a number of different factors; they include the type of premises, the size of premises and the nature and extent to which the music is used. Apparently around 350,000 businesses in the UK have paid for a licence. There are some exceptions when a licence is not needed like; treatment areas in hospitals, medical day centres, divine worship, civil and partnership ceremonies and lone and home workers.

It is the responsibility of writers of unpublished music or music published by non members of PRS to register the music and make any amendments, as well as publishers with already published music to do so on behalf of their writers. Any music that is co-written and co-published is the responsibility of all parties.

There are over forty different tariffs, which covers everything from music in shops to music on-hold telephone systems. This way there is a fairer charging system according to use. The tariffs paid will also depend on size and type of organization and premises, these will include private business, and government organizations, educational establishments etc.

finally it will also include the extent to which the music is used. Royalties are divided between the writers and publishers depending on the publishing agreement.

For the songwriter, composer or publisher, when a piece of music is registered, it will allow them to start earning money whenever it is used. This can be when it is played on the radio, TV programme or advertisement, festivals, gigs or indeed when any business uses their music in a way described earlier.

Therefore, budding songwriters and publishers on the one hand and businesses etc on the other would be advised to contact PRS for Music directly or visit their website for more information. Or you can call Dischromatics on 01495 243222.

READ MORE - Some Business Owners Are Unaware That If They Play Music in Their Business They Need a Licence

Is a Jailbroken iPhone Exempt From Prohibition Against Technology Circumvention of DRM?

By Rick Michaud
Apple was recently at the center of a controversy with the DMCA. They asserted the "jailbreaking" of their iPods and iPhones in order to allow users to access applications not available through and approved by Apple to be a violation of the DMCA.

Section 1201 of the copyright law (17 U.S.C. §1201(a)(1)) requires every three years that the Librarian of Congress determine whether there are any classes of works that will be subject to exemptions from prohibition against the circumvention of Digital Rights Management (DRM), which is a form of technology that controls access to a copyrighted work.

Based on a rulemaking proceeding conducted by the Register of Copyrights and her resulting recommendation, the Librarian then determines whether the prohibition on circumvention of technological measures that control access to copyrighted works is causing or is likely to cause adverse effects on the ability of users of any particular classes of copyrighted works to make non-infringing uses of those works.

In response to the Register's most recent rulemaking proceeding and recommendation, the Librarian of Congress has determined that there are 6 classes of works, and that persons who circumvent access controls in order to engage in non-infringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention.

These Six Classes of Works Pertain:

1. To the use of motion pictures on DVDs.
2. Computer programs that that enable wireless telephone handsets to execute software applications.
3. Computer programs that enable used wireless telephone handsets to connect to a wireless telecommunications network.
4. Video games accessible on personal computers.
5. Computer programs protected by dongles.
6. Literary works that are distributed in e-book format.

In response to the requests made by at least one consumer advocate group, the Librarian's determination explicitly recognized an exemption to the Digital Millennium Copyright Act (DMCA) to permit the circumvention of such access controls for phones (known as "jailbreaking") to allow owners to use their phones with applications that are not available from the manufacturer and to "unlock" their phones for use with service providers that are not approved by the manufacturer.

However, it was argued in response that the locks put on phones (by Apple, for example) were used to limit the ability of phone service subscribers to switch service providers, a limit that was simply a business decision that had no bearing on the interests normally protected by copyright and, therefore, the DMCA was not implicated.

At least one argument against Apple's assertion was that prohibiting the jailbreaking of iPhones was akin to a toaster manufacturer being able to dictate what brands of bread can be used to make toast in its product.

Of course, while a user is now free to use any applications he or she desires on their phone, actually jailbreaking an iPhone may have negative consequences, such as voiding the manufacturer's warranty or not being able to make a jailbroken iPhone work with a non-approved phone service.

Of particular note in this case is the circumvention of access controls as they relate to computer programs that enable wireless telephone handsets to connect to wireless telecommunications networks.

As noted in the copyright law, the results of a rulemaking proceeding are applicable for a three-year period, and the exemptions determined by the Librarian must be re-argued. Thus, in a year or two, the Register of Copyrights will open up a comment forum and begin accepting submissions in preparation for the next rulemaking. Apple (and any other phone manufacturer or any owner of copyrightable subject matter) will then be free to argue for the expiration of the exemptions set forth by the most recent determination.

Richard Michaud is a founding member and managing partner of the Michaud-Kinney Group, an international intellectual property law firm headquartered in Connecticut. His firm has extensive experience in all aspects of intellectual property law including foreign and domestic patent preparation, prosecution and litigation. He is also experienced at trademark and copyright preparation, prosecution and litigation as well as in

READ MORE - Is a Jailbroken iPhone Exempt From Prohibition Against Technology Circumvention of DRM?

Copyrights: You Can Preregister Your Work

By Frederic Douglas
People often ask how to "copyright" their work, be it music, a novel, a website, a software application, or many other works. They recognize that they should register a copyright to receive proper compensation, respect, or at least credit for their hard work.

But what if you have not finished your work but someone might still be copying it before you are ready to spring it on the world? For example, you are working on a song and you email the demo track to a producer to try to seek help in working on your song. The producer never returns your messages. The producer did not even acknowledge getting your email with the song attached.

Is the producer too busy to listen to your song? Is the producer thinking that your song totally sucks? Or has the producer stayed up nights and weekends rehearsing the song with a protégé and preparing the payola deals with Top 40 radio? Of course, this never happens in real life. Just a hypothetical.

Perhaps you should consider preregistering your work as a safeguard. Whenever your work is not finished, but you think that someone else could begin to become "inspired" by your unfinished masterpiece, preregistration might help.

Before you go to copyright.gov to preregister your work, understand that preregistration is not useful for most situations. Take my song example above. Besides the preregistration of the song, you could have actually registered the musical composition (you do know how to read musical notation, don't you?) and you could have actually registered the "sound recording."

Still, you might want to preregister your work. Note that preregistration is not a substitute for registration. It is only a safeguard. You still need to actually register the copyright when the work is published. Take another example, this time for a holiday cookbook. You expect to publish the book at the beginning of the holiday season, even though you finished the book six months in advance. Just because the book is not published yet, you can still register the copyright as an unpublished work. You can actually register a completed work that is just not published yet (or ever). Preregistration would not have provided any benefit if your manuscript was already finished.

The U.S. Copyright Office allows you to preregister only if the work is unpublished and you are preparing the work for commercial distribution (you are hoping to make money, aren't you?). You also need to have already started creating your work. Talking about it at the local cantina or therapist's office (redundant?) is not enough. Either way, the Copyright Office will allow preregistration if the work is either a film, musical work, sound recording, computer program, book, or a photograph for advertisement.

READ MORE - Copyrights: You Can Preregister Your Work

Plagiarism - Different Ways How You Can Avoid Plagiarism

By Suryaratna Chandrashekar
Plagiarism is the process of copying a person's idea or written work and claiming it as their original. This is just one definition for it, but at the core of it is cheating. In most countries, it is considered illegal. It can easily be avoided by citing the sources and writing your own work.

How to Prevent Plagiarism:

1. Be mindful that plagiarism happens.
2. Know the different types of its occurrence.
3. Quote the experts and then provide your own reasoning and point of view.
4. Ask for assistance. For editing or additional knowledge, a teacher, mentor or boss can assist you with the specifics.
5. Avoid the use of "common knowledge" unless the common knowledge can be followed up with facts. For example, Barrack Obama is the 44th President of the United States is a common knowledge; how many soldiers died during the war, is not.

There are a few examples of plagiarism:

a. Copying an article, essay, etc on the internet and posting it on a websites.
b. Removing the name of the author and changing it to your own name.
c. Getting the exact phrases from another person's work.
d. Copying or grabbing another person's photo, ideas, or work without their permission.
e. Presenting research in your own words without giving the reference.
f. Obtaining another person's text and using it as your own.
g. Showing the ideas in the same way as someone else, with the same research source.

Types of plagiarism:

a. The Self Stealer - The writer takes from his earlier work that has originally been used someplace else, like a college student taking an old high school paper and using it in college.
b. The Photocopy - They copied important portions straight from one source.
c. The Potluck Paper - The writer attempts to cover up plagiarism through copying from more than a few resources and rephrasing it.
d. The Poor Disguise - Important matter of the content has been retained but the writer altered it through changing key words and phrases
e. The Labor of Laziness - Paraphrasing many sources and joining them together to place it in a single work.

Ways to avoid plagiarism

1. Paraphrase - Be sure not to use someone else's words, alternate ways to say the same thing or just rewording the sentence is not going to work, it is still considered plagiarism. Write your thoughts in your own words based on your own comprehension. It is advisable to go through the needed reading material, study it then put your own spin on it to make it totally yours.
2. Quotation Marks - When you need to use someone else's writing as a basis for your article, it is advisable to put them in quotation marks.
3. Cite Sources - It is safe to put "According to doctor or professor", and a link to provide the website can.
4. Manage your time - If a deadline was given to you, it's best to work earlier so that there is an ample time to investigate or evaluate your research and write again if necessary.

No matter how you might think about it, plagiarism is stealing. You are using someone else's hard work and calling it your own. Take the time needed for what you are trying to do, and make the work your own. Then you do not have to worry later on that someone will find out that you did not do the work and cause you a lot of grief, possibly losing your job, college degree, reputation or a good friend.

READ MORE - Plagiarism - Different Ways How You Can Avoid Plagiarism

Copyright Law: An Overview

By J M Dawson
Copyright law is a property protection law that protects any type of literary property, such as literary work, music, films, sound recordings, artistic work, and dramatic work of the original writer or creator. The law comes into action the moment the work is created. This law helps in protecting the rights of the writers and creators.

Works Protected By Copyright Law

Literary works includes poems, shorts stories, business letters, books, novels, and any other type of original writing. Dramatic work includes dance, sound, and mimes. Musical works includes the rhymes, the musical notes, and the materials that affect the human ear, like harmonies or orchestras. Artistic works include photographs, sculptures, architecture, and graphics. Film and sound recording or broadcasts include sound tracks and the dramatic work that goes into making films.

Infringement Of Copyright Law

Any kind of recreation of these works is considered copyright infringement, and copyright law kicks in. The copyright law does not protect ideas or patents. Patents are protected by patent law.

Copyright law comes into effect as soon as a literary work is created. However, it is a good idea to protect the copyright of the material by indicating the copyrights after the work is completed, so any accidental reuse can be avoided. Further, one can register the work at a copyright office for safety purposes. This is especially applicable to some huge literary works, or innovative work, or any other high-value work, such as novels, new research, a good story, and many more. If a work is registered at the copyright office, any claim of ownership or any claim against misuse of copyrighted material can be dealt with successfully.

There are several copyright registration options available, online registration and in paper registration to name a few, and these cost less than $100 in registration fees.

Legal Recourse

If one finds that a particular work has been stolen and reproduced elsewhere, one can file a copyright infringement claim. However, the onus is on the claimant to prove that the material was originally created by him or her and prove that it had copyrights before the other party reproduced the work. If the material is registered at the copyrights office, it is easier to win the claim; however, if it is not registered, one would need an expert attorney to represent one's case.

If one is beginning any important literary or artistic work, which is high value, and if one believes that losing the work can cost a lot financially, one can hire a copyright attorney, who will ensure that the material is protected from the beginning and adequate safeguard measures are taken to prevent any accidental or intentional infringement.

Any printed material immediately comes under the purview of copyright law. However, the value of the printed matter differs from something nominal to high value. Thus, the impact of copyright infringement also varies based on the value and type of material. It is always a good practice to immediately register any printed material with a copyright office to avoid legal hassles and financial loss that may occur in the future.

READ MORE - Copyright Law: An Overview

When Is Music Sharing Illegal?

By James Witherspoon
Sharing music through the Internet has become enormously popular around the world, especially on college campuses. Online piracy of music is defined as uploading a copyrighted sound recording to the Internet for others to download or downloading the uploaded music from a website or file-sharing network. These actions are considered to be illegal even if the downloader or uploader doesn't resell the music file. Another form of music sharing on a website, streaming, is also considered to be illegal.

The laws traditionally associated with movie copyrights also apply to music. When music is illegally shared, distributed, reproduced, or rented, it falls under the jurisdiction of the FBI who can then investigate and prosecute those who break copyright laws. If you are found guilty of breaking copyright laws, you may be fined $250,000 or given 5 years of jail time for damages to the music industry.

There are other forms of material that fall under the copyright distribution laws. These include:

Software Written materials , Pictures , Sound recordings ,

The Recording Industry Association of America gives examples of different situations that are deemed illegal file sharing activities. These are:

* Someone sends you copyrighted music via email and you forward it on to your friends.
* You buy a CD, make MP3s out of the songs, and upload them available on a peer-to-peer network for others to download.
* You don't provide music on a file-sharing network but you download music from it.
* You pay to download or upload music on a peer-to-peer network, but the network is not an authorized distributor of music.

Contact Us

Sharing of copyrighted intellectual material is a very common practice in society. However, the fines and penalties for file sharing are quite severe. If you or someone you know is facing criminal penalties for illegal music sharing, visit the website of the Champaign criminal defense lawyers of Thomas A. Bruno & Associates today.

READ MORE - When Is Music Sharing Illegal?

Some Business Owners Are Unaware That If They Play Music in Their Business They Need a Licence

By Stewart Spencer
If a business includes music in its products or in their telephone on-hold system they need clearance from the owners of the music. They should be aware that penalties exist for non-compliance. This also applies to Wedding Videos, School concerts and events that play music, even as background mood music.

PRS (Performing Right Society) for Music created in Jan 2009 with MCPS (Mechanical-Copyright Protection Society) are the non-profit organization set up to ensure composers, publishers and songwriters are paid the royalties due to them whenever their music is played. This applies to live performances, TV and Radio, CD & DVD Duplication, CD & DVD Replication, in other words, all Duplicators and Replicators require a copy of the licence agreement prior to proceeding with the 'copying'. It also applies to downloads and streams and everything in between.

The cost of the music licence will depend on a number of different factors; they include the type of premises, the size of premises and the nature and extent to which the music is used. Apparently around 350,000 businesses in the UK have paid for a licence. There are some exceptions when a licence is not needed like; treatment areas in hospitals, medical day centres, divine worship, civil and partnership ceremonies and lone and home workers.

It is the responsibility of writers of unpublished music or music published by non members of PRS to register the music and make any amendments, as well as publishers with already published music to do so on behalf of their writers. Any music that is co-written and co-published is the responsibility of all parties.

There are over forty different tariffs, which covers everything from music in shops to music on-hold telephone systems. This way there is a fairer charging system according to use. The tariffs paid will also depend on size and type of organization and premises, these will include private business, and government organizations, educational establishments etc.

finally it will also include the extent to which the music is used. Royalties are divided between the writers and publishers depending on the publishing agreement.

For the songwriter, composer or publisher, when a piece of music is registered, it will allow them to start earning money whenever it is used. This can be when it is played on the radio, TV programme or advertisement, festivals, gigs or indeed when any business uses their music in a way described earlier.

Therefore, budding songwriters and publishers on the one hand and businesses etc on the other would be advised to contact PRS for Music directly or visit their website for more information. Or you can call Dischromatics on 01495 243222.

Established in 1989, Dischromatics supplies CD,DVD and Blu-ray Replication FREE throughout the UK. With its own Duplication and Printing Suite they supply CD & DVD Duplication for smaller quantities and fast turn round.

With the additional and unique benefit of having their own Digital Printing facility, they also produce CD & DVD Packaging in low volumes for such products as CD & DVD Digipaks.

READ MORE - Some Business Owners Are Unaware That If They Play Music in Their Business They Need a Licence

Is a Jailbroken iPhone Exempt From Prohibition Against Technology Circumvention of DRM?

By Rick Michaud
Apple was recently at the center of a controversy with the DMCA. They asserted the "jailbreaking" of their iPods and iPhones in order to allow users to access applications not available through and approved by Apple to be a violation of the DMCA.

Section 1201 of the copyright law (17 U.S.C. §1201(a)(1)) requires every three years that the Librarian of Congress determine whether there are any classes of works that will be subject to exemptions from prohibition against the circumvention of Digital Rights Management (DRM), which is a form of technology that controls access to a copyrighted work.

Based on a rulemaking proceeding conducted by the Register of Copyrights and her resulting recommendation, the Librarian then determines whether the prohibition on circumvention of technological measures that control access to copyrighted works is causing or is likely to cause adverse effects on the ability of users of any particular classes of copyrighted works to make non-infringing uses of those works.

In response to the Register's most recent rulemaking proceeding and recommendation, the Librarian of Congress has determined that there are 6 classes of works, and that persons who circumvent access controls in order to engage in non-infringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention.

These Six Classes of Works Pertain:

1. To the use of motion pictures on DVDs.
2. Computer programs that that enable wireless telephone handsets to execute software applications.
3. Computer programs that enable used wireless telephone handsets to connect to a wireless telecommunications network.
4. Video games accessible on personal computers.
5. Computer programs protected by dongles.
6. Literary works that are distributed in e-book format.

In response to the requests made by at least one consumer advocate group, the Librarian's determination explicitly recognized an exemption to the Digital Millennium Copyright Act (DMCA) to permit the circumvention of such access controls for phones (known as "jailbreaking") to allow owners to use their phones with applications that are not available from the manufacturer and to "unlock" their phones for use with service providers that are not approved by the manufacturer.

However, it was argued in response that the locks put on phones (by Apple, for example) were used to limit the ability of phone service subscribers to switch service providers, a limit that was simply a business decision that had no bearing on the interests normally protected by copyright and, therefore, the DMCA was not implicated.

At least one argument against Apple's assertion was that prohibiting the jailbreaking of iPhones was akin to a toaster manufacturer being able to dictate what brands of bread can be used to make toast in its product.

Of course, while a user is now free to use any applications he or she desires on their phone, actually jailbreaking an iPhone may have negative consequences, such as voiding the manufacturer's warranty or not being able to make a jailbroken iPhone work with a non-approved phone service.

Of particular note in this case is the circumvention of access controls as they relate to computer programs that enable wireless telephone handsets to connect to wireless telecommunications networks.

As noted in the copyright law, the results of a rulemaking proceeding are applicable for a three-year period, and the exemptions determined by the Librarian must be re-argued. Thus, in a year or two, the Register of Copyrights will open up a comment forum and begin accepting submissions in preparation for the next rulemaking. Apple (and any other phone manufacturer or any owner of copyrightable subject matter) will then be free to argue for the expiration of the exemptions set forth by the most recent determination.

Richard Michaud is a founding member and managing partner of the Michaud-Kinney Group, an international intellectual property law firm headquartered in Connecticut. His firm has extensive experience in all aspects of intellectual property law including foreign and domestic patent preparation, prosecution and litigation. He is also experienced at trademark and copyright preparation, prosecution and litigation as wel

READ MORE - Is a Jailbroken iPhone Exempt From Prohibition Against Technology Circumvention of DRM?

Beware of Copyright Infringement When Recording Sound Effects

By Alan M McKinney
Copyright is a set of rights assigned to the owner/creator of a piece of original work. Those rights are assigned automatically upon creation of the work. For the sound recordist and designer, these rights are essential in order to give control over any sound recordings created and how they can be used. It's fair to say they are the lifeblood of our work.

Copyright must be respected and considered at all times when recording sound effects. It's easy to overlook possible copyright infringements when out in the busy world recording. We are bombarded with recorded sound on a daily basis and it has become an ingrained part of our lives. From advertising and television and radio programmes to toys and ringtones, copyright material is everywhere and it's very easy to accidentally capture sound under copyright in a sound effect recording. If you do, it renders that sound effect unusable with the possibility of serious legal action being taken against you.

So just how easy is it to accidentally capture copyright material in a sound effect recording? The short answer is very easy. On many occasions I have been in the studio editing down recordings I have just made and realised I captured a ringtone of a passing person's phone or music being played in a passing car. It may sound insignificant, but those ringtones or that music is under copyright and it's illegal to record or distribute copyrighted work without permission from the copyright owner.

I have compiled a list of just some of the copyrighted sounds we hear regularly and may accidentally capture when recording sound effects:

1. Music - music is everywhere: on the radio; television; stereo system; background music in shops; restaurants and bars; computer games; toys; gadgets; sporting events and more.

2. Ringtones - most modern cell phones have a range of recorded ringtones available and many are under copyright. Even that old sound of a 'Bell' telephone is probably a recording and under copyright.

3. Toys and Games - electronic toys and games often use short audio recordings. From an action figure's spoken catchphrase to the buzzer on a board game, they are probably under copyright.

4. Computer Games - It's almost a certainty that the audio in any computer game is under copyright, including amusement arcade games.

5. Software - All those interface beeps, button clicks, musical signatures etc. are all likely to be under copyright.

6. Recorded Announcements - These can be some of the easiest copyright infringements to make. Recorded announcements can be heard in: train stations; airports; bus/coach terminals; sporting events; trains; aircraft; busses; ferries; elevators; shops and many more places.

So remember to always consider what and where you are recording. Take time to listen to the surroundings of where you are going to record to establish the risk of recording copyrighted material. It won't only be a waste of your time if you do but can land you in serious legal troubl

READ MORE - Beware of Copyright Infringement When Recording Sound Effects

More Powerful Than A Locomotive - Terminating Copyright Grants

By Dana Newman and Miles J. Feldman
In 1938, two young, aspiring comic book creators from Ohio, Jerry Siegel and Joe Schuster, sold the rights to their "Superman" comics to DC Comics for $130.00. Hundreds of millions of dollars later -- after countless Superman books, television shows, motion pictures and merchandise of every conceivable type -- this story vividly illustrates how the value of the rights to copyrighted works can explode over time.

The U.S. Copyright Act of 1976 (the "Copyright Act") allows authors, musicians and artists (and their heirs) to recapture the original copyrights in their creations by terminating a prior grant of the copyright. For the most part, these termination rights cannot be waived by contract, regardless of the terms of the assignment or license, provided that the artist and their heirs meet the complex statutory termination requirements. Counsel involved in the creation, acquisition or exploitation of copyrighted works should be aware of the statutory right to terminate copyright grants.

Recently, Siegel's heirs prevailed (at least in part) in a battle to recover the Superman copyrights from DC Comics and its owner, Warner Brothers, under the termination provisions of the Copyright Act. In 2008, the U.S. District Court for the Central District of California ruled on summary judgment that the Siegels had successfully recaptured (as of 1999, the date of their termination notice) Siegel's copyright in certain aspects of the first Superman comic sold to DC Comics in 1938. Siegel v. Warner Bros. Entertainment Inc., 542 F.Supp.2d 1098 (C.D. Cal. 2008).

The procedures for terminating copyright grants are fairly technical. Two provisions in the Copyright Act govern the right to terminate copyright transfers. These rules are codified at Sections 203 and 304 of the Copyright Act. The date that the grant was made determines which provision applies. Grants made after January 1, 1978 are governed by Section 203. Grants made before January 1, 1978 are governed by Section 304.

Before looking at the specific procedures under each of these regimes, it is important to note several key exceptions to the right to terminate a grant.

First, the grant must have been an inter vivos transfer by the author. In other words, the author had to have made the transfer during his or her lifetime. The statutes referred to here generally cannot be used to invalidate a transfer of copyrights under an author's will.

Second, the termination right does not apply to a "work made for hire" under Section 201(b) of the Copyright Act. A "work made for hire" includes a work prepared by an employee within the scope of his or her employment, or a commissioned work coming within certain specified categories under the Act, where the parties agreed in writing that it was a work for hire.

Third, the right to terminate a copyright grant does not apply to an authorized derivative work created after the grant by the grantee, but prior to termination of the grant. Thus, if an assignment of a copyright in a book included the right to create a film based on the book, the assignee may continue to reproduce and distribute copies of any such film created prior to the exercise of the termination right after the termination, but may not create a television series based on the book after termination of the grant.

Assuming the copyright grant does not fall within one of the exceptions, the initial issue is when the termination right may be exercised. For grants made in or after 1978, Section 203 provides that the author or the author's heirs may seek to terminate the grant 35 years after the grant was made; or if the grant covers the right of publication of the work, then the grant may be terminated 35 years from the date the work was published. Thus, works transferred or published in 1978 will be eligible for termination in 2013 -- in a little over three years from now.

The right to terminate under Section 203 is subject to compliance with a number of specific procedural requirements and time limitations. The right to terminate may only be exercised during a five-year window beginning 35 years after the grant was made. That means the author or the heirs have only five years from the time the grant is eligible for termination to effectuate the termination. Further, the authors must give written notice to the assignee or licensee not less than two or more than ten years from the intended termination date. Thus, for post-1978 copyrights, the earliest date of notice of termination is 25 years after the grant was made (or the date the work was published).

The notice of termination must be signed by the author, or if the author is deceased, by the person or persons owning at least 51% of the author's original interest in the termination right, or by their duly authorized agents. In addition, the notice must state the effective date of termination (which must fall within the applicable five year termination window), and a copy of the notice must be recorded in the U.S. Copyright Office prior to the effective date of termination in accordance with all applicable regulations of that office.

For grants that occurred prior to 1978, Section 304 applies. The timing for terminating these grants is different. The five-year window to exercise the right to terminate the grant is the same as under Section 203. However, when that five-year window becomes operative involves a whole new set of guidelines. Generally, the termination can be made 56 years after the time that the copyright was secured for the work, or five years after January 1, 1978 (whichever is later).

However, there is a second potential opportunity to exercise the termination right for all works which were subsisting as of January 27, 1998, the effective date of the Sonny Bono Copyright Term Extension Act, which extended the basic copyright term by 20 years. The Copyright Act incorporates this additional termination right in Section 304(d), which expressly provides that all copyrights existing as of January 27, 1998, but for which the termination right under Section 304 had expired as of that date, the termination of grants executed prior to January 1, 1978 may be effected "at any time during a period of 5 years beginning at the end of 75 years from the date copyright was originally secured."

Both the author and the author's heirs (if the author has died) may exercise the right to terminate a copyright grant. The author's heirs' rights are determined in accordance with the following rules, if the rights were not otherwise devised: (a) the author's widow or widower owns the termination right, if there are no surviving children or grandchildren; (b) if the widow or widower survives, and there are surviving children, the widow or widower owns half the right, and the surviving children own the other half in equal shares; (c) if only the children survive, they own the right in equal shares; and (d) if there is no widow or widower or surviving children, the grandchildren of a deceased child own the right in equal shares. The rights of an author's child, upon the subsequent death of that child, are divided among the deceased child's children on a per stirpes basis; the shares of children of a deceased child may only be exercised by an action of a majority of them. Finally, if there are no living widow or widower, children or grandchildren, the author's executor, administrator, personal representative or trustee owns and may exercise the right. Terminations rights may only be exercised if individuals who own more than 50% of the entire interest elect to do so.

The effect of terminating a copyright grant is powerful: all of the author's previously transferred or licensed rights revert immediately to the person (or persons) owning the author's interest, in shares equivalent to their respective shares in the copyright, for the remainder of the copyright term. The owners may then commercially exploit the copyright for the remainder of the term by granting a new transfer or license on more favorable terms, either back to the original grantee or to another party.

The statutes provide that the termination rights exist notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant. 17 U.S.C. §203(a)(5); 17 U.S.C. §304(c)(5). Application of this rule -- like every other aspect of the termination rights -- is often hotly contested, and requires a careful analysis of the facts involved in the particular case.

In sum, authors, publishers, artists, and rights holders -- indeed, anyone creating and/or contracting for copyrighted content -- need to be aware of these important termination rights, and should obtain guidance from counsel who understands both the types of agreements at issue and the copyright law.

READ MORE - More Powerful Than A Locomotive - Terminating Copyright Grants

Q & A Regarding Important Information For Musicians and Copyrights, How Safe Is Their Original Work?

By Rick Michaud
Example a band has 12 songs licensed to 6 different licensing companies resulting in the original copyright by the authors and 6 different registrations by the licensing companies who have re-titled the songs.
For example, if one learns of the infringing activity and institutes a legal action before the copied work is published or offered for sale, the monetary damages may be non-existent.

One of our readers has asked the following question:

A musician obtains a copyright on a sound recording (music and lyrics) when it is placed on a tangible medium and includes the phrase "copyright/authors/name/date of creation/All Rights Reserved.

Registering the copyright does not give you a "copyright" that carries more legality than the first scenario EXCEPT that registration allows you to file suit against possible infringers and claim punitive not merely actual damages.

Registration does not automatically procure you a copyright. Comment?

Answer:

Copyright inures to the benefit of the author, absent a license, assignment or work-for-hire agreement that can give some or all of the bundle of rights associated with copyright to another entity. It is not necessary to mark the work as being copyrighted and rights are not lost if the work is not marked, although it is a good practice to do so.

Registering the copyright does not give you a copyright, an author of a work has copyright as soon as the work is affixed on a tangible medium, e.g. written down, recorded, performed, etc. One cannot sue in federal court (there is no state court cause of action for copyright infringement) for copyright infringement without having obtained a copyright registration or applied for registration and been denied.

In addition, if one applies for copyright registration within 90 days of publication of the work, it is possible to claim statutory damages in an infringement action. This can be extremely important as damages can be difficult to prove, or there may be no monetary damages resulting from infringement.

Recognizing this, Congress made provision in the copyright statute for statutory damages which allow an infringed upon party to elect such damages when proving actual damaged may be difficult or impossible.

Accordingly, registration early on can prove quite valuable. It is also possible to obtain separate copyrights for lyrics and for music.

One of our readers also asked this question:

Can you address the issue of non-exclusive music licensing agreements wherein sound recordings are licensed to multiple companies and each company demands that the song title be changed in some manner so that the licensing company then re-registers the song as a different recording claiming the original authors along with the licensing company now owns the copyright.

As I am sure you know this is a very common tactic and the artists who refuse to use a lawyer to negotiate the contracts just agree and sign as long as they "get their music out there".

Answer:

As an initial matter, it is important to have any license agreement reviewed by an attorney having expertise in the appropriate field.

In general, an author can only get a single copyright for one work. If another, independently authors the same or a very similar work, then that author would also be entitled to a copyright. Infringement would be governed by which author's work, the accused infringer copied.

In order for another valid copyright registration to issue, the original work must be changed sufficiently such that enough "originality of authorship" is incorporated into the work. Merely, changing the title would be insufficient. One can license one's copyright non-exclusively to whomever the copyright owner wishes and however many times the owner wishes.

The copyright applied for by the licensing company, would be specific to the version of the song recorded or to a particular artist's performance. One must be sure that the license is specific enough to identify acceptable uses and changes and also that all of the copyright owners are signatories to the license.

Recently, there have been lawsuits involving rap artists that rap over an old melody. If they do not have permission to use the old melody from the copyright owner of it, then they are infringers.

At Michaud-Kinney, we work closely with our clients to develop an intellectual property procurement and portfolio management strategy to meets our client's business goals and objectives. This proactive approach is driven by strong client relationships and innovative

READ MORE - Q & A Regarding Important Information For Musicians and Copyrights, How Safe Is Their Original Work?

What Is the Most Important Requirement of a Trademark?

By Wendy Moyer
Because a trademark has to be able to identify particular goods or services the most important requirement for a trademark is that it is distinctive. That is the only way that the trademark of one company can be distinguished from that of another company.

One of the most important reasons that trademarks need to be distinctive is that it will prevent potential customers from being tricked into purchasing a product from another company that they think was made by your company.

How Can You Make a Trademark Distinctive?

Trademarks can be made to be distinctive by having a unique or fantasy name, such as AACCCAA. Another way a trademark can become distinctive is if the trademark holder builds up recognition of the mark.

For example the word "Apple" is a very common word in the English language. However a computer and communications company was extremely successful promoting that name.

The Distinctiveness of a Trademark Can Vary Over Time

A trademark can become more or less distinctive as the years go by. If a trademark holder aggressively uses a trademark it can become more famous and subsequently may be identified more easily by the buying public.

However, if trademark holders becomes lax in their marketing and public relations efforts then the trademark may become a generic name that people use for every product in that category. You could probably think of a particular brand of tissues that this may have happened to.

Once a trademark is looked at as being a generic name by the public it can destroy all of the trademark rights that the holder of the trademark had earned. Therefore, it shouldn't be surprising to learn that the majority of trademark holders spend considerable time and money trying to stop people from using their trademarked name as a generic name.

Distinctiveness is Applicable to a Trademark as a Whole

The distinctiveness of a trademark is determined by its whole rather than its individual components. In other words, the words "heavenly" and "dreams" by themselves can be quite descriptive if they are used to describe a mattress. Alone they cannot be trademarked. But used together as "Heavenly Dreams" they may be able to be trademarked because they form an atypical juxtaposition which creates a certain amount of distinctiveness.

This does not mean that other companies could no longer use the words "heavenly" or "dreams" on their mattresses. But it would mean that if "Heavenly Dreams" is trademarked by another company they can't sell mattresses called "Heavenly Dreams."

READ MORE - What Is the Most Important Requirement of a Trademark?

Anti-Copyright - An Interesting Dilemma

By Rishad Sukhia
Although the legal principles governing the concept of intellectual property (IP) have existed for centuries, it was the wake of the 19th Century that brought about the term "intellectual property" and only in the 20th Century did it become a more common issue. Nowadays, it is difficult to find a single intangible asset, whether it be an artistic, literary or musical work; an invention or a discovery or merely a symbol, design, word, phrase or piece of software, that is not protected by IP Law. IP deals with different types of creations of the mind for which property rights are attached. Some common forms of IP include copyrights, patents, trademarks and industrial design rights; the first of which will be our focus in this article.

The overarching concept of IP is premised on the notion of "a man's right to the product of his mind" which came from Ayn Rand, the famous Russian-American novelist, philosopher, playwright, and screenwriter. This basically means that if you (whether you are male or female) come up with an idea or creation, you are entitled to some ownership rights in that idea or creation. When described as such, the concept would seem to be appealing to virtually anyone; it seems fair and just. Why, then, is there something called "anti-copyright"?

Anti-Copyright

Defining the word 'copyright' is probably a good first step. It refers to the set of exclusive rights granted to the creator or author of an original work, embracing the right to copy, distribute and adapt the work. For example, software copyright deals with the rights attached to machine-readable software, often used by companies attempting to prevent the unauthorised copying of the software it personally created. Anti-copyright is thus, the absolute or partial opposition to copyright laws. But then one might ask: why would anyone be against the protection of a person's individual creation or idea? The fundamental anti-copyright argument runs directly counter to the classic copyright argument stipulating that, awarding developers temporary monopolies over a source of income from their works promotes creativity and development. Anti-copyright advocates maintain that copyright rarely benefits the society as a whole but rather serves to enrich a few at the expense of creativity. Furthermore, they point to flaws on both economic and cultural grounds that the concept of copyright has.

Economic Arguments

The economic arguments are founded on the notion that copyright produces an intellectual monopoly. The right of the creator to sell copies of his/her products or creations is not the controversial matter. It is the right to control how other people use their copies after sale which, is contentious according to anti-copyright proponents,as it creates a monopoly enforceable by law. Furthermore, proponents suggest that copyright laws increase the cost of creation and thus consequently decrease the incentive to create.

The French group Association des audionautes, although not completely anti-copyright, believe in moving towards the legalisation of peer to peer file-sharing where the artists can be compensated through a surcharge on internet service provider fees. Other groups such as Hipatia and Hacktivismo base their anti-copyright arguments on the concept of "freedom of knowledge", the idea that knowledge should be "shared in solidarity" and the contention that copyright law is hindering human progress.

Cultural Arguments

Do any of these arguments have any merit? To an extent, they clearly do, however the more important question we should be asking is: do they have any merit when balanced against an individual's right to benefit from an idea he/she independently created? Why should the hard work of one simply be distributed to and benefited from by others with no cost to them at all? Shouldn't an individual's hard work, effort and time be recognised and consequently awarded? The simple answer is yes; a creator is entitled to have his/her work protected and recognised and a creator is entitled to control what is done with his/her creation. But clearly this view is not shared by the leagues of anti-copyright advocates.

READ MORE - Anti-Copyright - An Interesting Dilemma

How To Copyright a Service

By Napoleon Hill
So you're thinking of going into business for yourself, and you know that you have a service so unique that it's going to be a huge success. Or you already own a business, and you've come up with an idea how to provide an additional service that your competitors don't already offer. But how do you make sure that you can bring this service into the public eye and not have it stolen by your competitors?

You need to copyright the service. This is where you're protecting the service as your own, and making it illegal for anyone else to copy any part of the service without paying you a fee for that privilege. However, there are certain things that cannot be copyrighted, so you need to make sure that your service falls under the jurisdiction of what can be protected.

What Can Be Copyrighted?

According to the US of 1976, there are a variety of services that can be copyrighted, as long as you can prove that they are a service. These include (but are not limited to):

- Literary works
- Musical works (including any accompanying words)
- Pantomimes and choreographic works (such as dances)
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
- Dramatic works (again, including any accompanying words)
- Pictorial, graphic and sculptural works

Although this list is fairly specific, there are variations that can be covered by copyright laws that may not be immediately obvious by this list. Therefore, if your service is something as simple as a new tool that can be used in architecture that is extremely basic but no-one else has thought of, you can get it copyrighted. There are a host of "sub-articles" that are applicable to be copyrighted, so the best thing to do is get legal advice.

How Can I Copyright?

One of the simplest ways to copyright anything with very little cost is by doing it yourself. Many people don't realize you can do this, and as a result, end up spending a small fortune in getting a copyright registered. Yet this can be avoided.

The simplest way to copyright anything is put the service, or idea, down on paper and as soon as you've completed this, that's it - you have copyright. To make it even safer, date it, make a copy, seal the original in an envelope and post it to yourself. When you receive the letter, leave it unopened, as the mailing date proves your idea creation date.

However, to really protect your creation, you should seek the advice of a copyright attorney, who not only can register your idea with the US Copyright offices, making your service or idea completely public and therefore far less likely to be stolen, but can also represent you if you need to sue anybody for copyright theft. Although this can be reasonably expensive, it's a lot less than having your service stolen by a competitor and watching them make all the money you should have been earning.

READ MORE - How To Copyright a Service

How to File Copyright Application in India

By Ramaswami Natarajan
Copyright is one of the forms of Intellectual Property. Under copyright, the creative works of literacy, artistic, musical and producers of cinematography films and sound recordings can be registered.

All these intellectual works can be protected through the copyright registration.

The Intellectual Property copyright shall be filed at copyright office, New Delhi. The copyright application can be filed by two ways either by courier or online facility. The forms can be freely downloaded from the official website of copyright. The triplet copies of copyright application shall send through courier to the copyright office. Application can be applied online by signing the new registration form before filing the copyright application.

The copyright can be legally protected by filing the copyright form 4 (application for registration of copyright). The form 4 includes the statement of particulars and statement of further particulars. It is shortly termed as SOP AND SOFP respectively. It should be filled clearly and relevantly according to the requirements of form 4. It should not consist of over written and irrelevant points. For the blank answers, the word "not applicable" shall be written in the form 4.

Each Single copyright application consists of single creative work. If it contains more than one work separate copyright application shall be submitted at the copyright office, New Delhi. Each copyright application shall be submitted along with the prescribed fee mention in the second schedule to the rules. The fees can be paid by postal order or demand draft payable to registrar of copyrights, New Delhi. A list of fees is available in the website of copyright office of New Delhi.

The copyright applications shall be signed by the applicant or by an advocate. The proof of the power of attorney signed by the applicant and accepted by the advocate shall be submitted along with the copyright application form. The copies shall send to the copyright division, department of Higher Education, Ministry of Human Resource Development, 4th floor, Jeevan deep building, parliament street, New Delhi 110001.

The duration of copyright varies according to the nature of work protected. The duration of the copyright is 60 years. In case of Literary, musical, artistic works have a duration which extends for the life of the author and 60 years from the end of the year in which author dies. In case of photographs, films, comport programs, sound recordings; they are protected for sixty years after publication of the above said work. After the end of the sixty year, the work is made available to the public with the consent of the owner of the copyright.

READ MORE - How to File Copyright Application in India