copyright: 2010

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Tuesday, November 23, 2010

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 Just because the book is not published yet, you can still register the copyright as an unpublished work.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The U.S. Copyright Office allows you to preregister only if the work is unpublished and you are preparing the work for commercial distribution (you are hoping to make money, aren't you?).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.

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.

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.

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.

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.

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

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

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.

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

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."

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.

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.

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.

Copyright Protection Software

By Ramaswami Natarajan
Examples: - programming language, test ware, application software includes videogames, device drivers includes disk drivers, printers, Compact Disc etc.

Computer software is of three types namely system software, programming software and application software. System software helps to run the computer system. Example:- Microsoft Windows, Linux, Mac. Programming software assists the programmers to write the computer programs. Application software allows the user to complete different task which is not related to the computer development.

Software is copyrighted to prevent the illegal copying of the software. Then the licensee is given a chance to use the software under certain conditions but restricted from others to use, change, share etc.

An open source license is a copyright license for computer software where the source code is available. It can be used by everyone. The users may evaluate and change the source code for their own customization according to their needs. Open source licenses are also commonly open at no cost, allowing for alteration, rearrangement, and money-making use without having to pay the original creator. Some open source licenses only permit alteration of the source code for personal use or only permit non-commercial rearrangement.

The software can be protected as a literary work under copyright. It cannot be patented. The software can be patented unless if it combines with hardware and the novelty rely on the product and not in the software code. The software protection can be made by applying for 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.

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 sent to the copyright division, department of Higher Education, Ministry of Human Resource Development, 4th floor, Jeevan deep building, parliament street, New Delhi 110001.

Copyright is only for the expressing the creative works and not for the concept. The software copyright protection depends on the source code used and the methodology involved in the software. There may be chance of editing the source code used in the software and creating the new source code.

The software copyright infringement takes place in the means of copying the software, distributing the copyrighted work, rent to the public domain etc.

The copyright ownership relies on the programmer. The programmer who drafts the program owns the privileges. When there is more than one programmer, then the rights will be equally shared between the partners. When the programmer creates the program in the course of employment, the employer owns the rights, if there is no agreement between the programmer and the employer.

Ramaswami Natarajan Patent and Trademark Attorney is a co-founder of TMPsearchers.com and designed the India Patent Agent Examination Course syllabus and search interface of India Copyright Protection. He has trained more than 25 scientists and Attorneys on

Understanding Copyright Infringement

By Richard Trott
Copyright is something that is very important when it comes to the protection of intellectual property. So basically, what is all the fuss around copyrighting? Well, to be short, it is a law that will protect any kind of work like literary works, musical works, movies, radio broadcasts and so on, from being redistributed or aired by someone else, which is not related in any way to them. These are called copyright laws and they will never let anyone use the content other have worked to create without the sole permission of the authors or creators of that certain content.

These laws are usually very stringent and they will depend on the country where each of us will be living in. So yes, if you are dealing with Copyright Infringement you should know that you are in for some big trouble. Let us now take a look at the various types of works that can be a subject of Copyright Infringements and which we have already mentioned above:

Photographs, sculpture, graphic work, architecture and so on are part of the artistic works. This means that these works are very imposing when it comes to the visuals side. If you fall in this category and have such works under your sleeve, then you should know that they are very well protected by the law.

Musical works includes everything that is related to music and you should know that not only will your lyrics be the subject of copyrighted protection, but also the notes that you have used in your songs.

Books, poems, business letters, they are all part of the literary works and it would take a long time if we were to name all of them here. You will never have to worry about your works being plagiarized
by others, as there are stringent laws that will protect you from these people.

When it comes to Infringement of copyright,video recordings like movies, soundtracks, radio shows, they can also be very well covered by the law and even the soundtrack of a movie will be considered as part of the movie, even if it belongs to many artists. You are also in for the same benefits when it comes to sound recordings. Thus no one will be able to reproduce them without your permission.

So here you are, some of the things that copyrighting laws will cover. If you will ever find yourself in the situation of having your content plagiarized or used without your permission, you can safely turn to the law as you will be the winner of the dispute. If you wish to do some Copyright search, then you can use a Copyright application available for free on the internet.

India Copyright Law

By Ramaswami Natarajan
The copyright protection act 1957 is followed by the whole of India. It came in to force by the Central Government by notification in the official gazette. The main objective of the copyright act is to give protection to the owner or the creator. The earliest statue law in India relating to copyright is the Indian copyright act of 1847 passed during the east India Company's regime. The Indian copyright act of 1914 was a modified version of the British copyright act of 1911.

The copyright act 1957 is the primary legislation dealing with the protection of copyright in India. It contains 79 sections and it is supplemented by the copyright rules of 1958. The protection act defines various terms such as author, artistic work, literary work, dramatic work, cinematography films, sound recordings, broadcasting, public undertaking, government work, works of international organization, music piracy, exclusive license, ownership, term of copyright etc.

The copyright act 1957 introduced many salient features. A copyright office was launched under the control of a Registrar. They will act under the superintendence and direction of the Central Government. The board has facilities for registration of copyright and to settle certain kinds of dispute arising under the act and for compulsory licensing of copyright. The term varies according to the categories of the author's work.

It includes the Provisions to determine the first ownership of copyright in various categories of work, author's special rights, civil and criminal remedies against infringement etc. It includes international protection for copyright such as namely Berne convention, universal copyright convention etc.

The copyright protection act is to encourage authors, composers and artists to create original works. The exclusive right is for a limited period to reproduce the works. It is mainly for the benefit of the public. On the expiry of the copyright term, the work belongs to the public domain and anyone may reproduce the work without permission.

India is a member of both the conventions which were revised at Paris in 1941. The parliament of India enacted the copyright amendment act 1983 with the specific purpose of incorporating the provisions of compulsory license for translation and reproduction of foreign works required for instructional purposes, protection of author's right etc.

The next bill of the proposed amendment act 1984 includes the main objective such as increasing the punishment for the infringement of copyright, like imprisonment and fine. Enhanced punishment in case of second and subsequent provisions. The salient features of third amendment act 1994 provides performer's rights protection of artistic presentation made by live performer, copyright societies seeking to promote collective administration of the rights of authors etc. The act was again amended in 1999 which amended definition of literary work meaning of copyright in respect of computer programme etc.

International Copyright Protection

By Ramaswami Natarajan
Copyright Intellectual Property can be protected at National and International. Copyright has international protection such as Berne convention, universal copyright convention, WIPO copyright Treaty, Rome convention, Brussels convention etc.

The International union for the protection of literary and artistic works was established in 1886 in Berne, Switzerland. It is popularly known as Berne Convention. It entered into force on 5th December, 1887 and it has been revised for five times. It is administered by world intellectual property organization (WIPO). The Berne convention has 38 articles and special provisions for the developing countries. The convention has established a minimum of protection of life plus 50 years or an alternative of fifty years from publication of anonymous work and pseudonymous work. India is a member of the Berne convention.

One of the International copyright protections is Universal Copyright Convention (UCC). The universal copyright convention was signed and entered into force on September 6, 1952. It was revised on 1971 at Paris. The protection given is for published as well as unpublished works. The member countries must grant a minimum copyright term of 25 years from publication, or life of the author plus 25 years. The foreign authors of other member countries must be granted exclusively rights for at least seven years.

The next International Copyright protection for the performers, producers of phonogram and broadcasting organizations is Rome convention. The Rome convention was completed on October 26, 1961 and entered into force on may 18, 1964 basically intend to protect the neighboring rights. Phonogram is a sound recording. The rights in respect of phonograms and performances and broadcasting are called neighboring rights.

The benefits of this convention are performers, producers of phonograms and broadcasters. The protection is granted for twenty years term will vary according to the nature of work. The eligibility to participate in this convention is that a state must be a member of either of the Berne convention or the universal copyright convention.

Another International Copyright protection is WIPO copyright Treaty. It was adopted by the diplomatic conference at Geneva on December 20, 1996 and entered into force on January 1, 1996. This convention is for the protection of rights of performers and produces of phonograms. The term of protection is fifty years.

Some treaties convention gives protection for the unauthorized duplication. On October 29, 1971, the convention for the producers of phonograms against unauthorized duplication of their phonograms is signed at Geneva. The main purpose of this Geneva Convention is to fight against the practice of piracy by third parties.

The convention relating to the distribution of programme- carrying signals transmitted by satellite and audio- visual works is Brussels convention signed on may 21 1974. The main purpose is to battle the misappropriation of satellite signals on an international level. The treaty on international registration of audio-visual works Geneva signed on April 20, 1989 at Geneva. It deals with the registration of audio- visual works at the international level.

How Copyright Laws Fail Us When We Need Them Most

By Marilyn Bontempo
I used to worry about other people stealing my work. I do lots of different kinds of things so there is plenty to steal. In 35 years of being in business, I have produced plenty of exceptional photos, illustrations, graphic design, ads, websites, printed collateral material, logos, music and writing, to name just a few. And of course, I also have plenty of clients for all my competition to try to steal away from me as well. This is normal. If you are talented in any way, or in business of any kind, people steal from you.

What about copyright laws? Unless you want to waste lots of money hiring a lawyer to chase after every thief and take them to court only to get a judgement against them which they probably will never pay, what is the use? And that's if you're lucky. Most of the time in cases of Internet violation, you can never even locate the person responsible, let alone convict him of the crime. But it's not money I'm after. If I were, why in heaven's name would I be writing articles for Internet article directories who don't pay for use of their articles? I write for such sites to get the benefit of linkbacks for my website and blog. What are linkbacks? They are a vital component of SEO (search engine optimization), as links back to my website from highly ranked, popular websites, which contributes to my achieving page one search results for my own website when appropriate keywords are searched on Google. It's complicated but it works.

I recently was searching for some javascript code I could use to do something clever on my website. When I found what I wanted to adapt, I checked to see what the terms of use were. The writer of the code very humbly asked for a mere $5 if you wanted to remove his name from the invisible credits that would only appear where other code seekers would see it. Otherwise, it was free. How can you not respect a request like that? I happily left his name even though I needed to spend many hours tweaking the code to work in my situation but felt a certain kinship with this skilled individual that engendered the utmost in admiration and obedience. I treat others the way I wish to be treated myself.

It certainly was upsetting when I first realized that my articles were being used improperly and published as if written by someone on the website where I happened to find them. I checked the usage policies of the article websites to which I had submitted my articles which stated that it was required that articles be published with a signature line (meaning, author's name) along with a link to the author's website.

After reading that, I thought, "Oh, great! Maybe they will help me enforce their policies." But after further reading I quickly learned that it was my responsibility to do any policework, notifying offenders of what they so innocently had overlooked. Once such violations are brought to light, these well-meaning publishers will be eager to correct their ways. Ha! That's a laugh!

Not only do these offending websites have no way to contact anyone, they are enshrouded in secrecy by unknown hosts who ironically invite you to "report abuse," only to inform you that they cannot accept responsibility for any individual blog publisher's offenses. If you want to try posting a comment to communicate the violation, you usually need to register and log in, divulging all your own personal information, so your comment will ultimately get picked up by Google associated with a less-than-reputable website in some future search that will follow you to your grave. (Is this where we're headed, as members of this Google-dominated culture we live in?)

As I was searching the title of my article which is how I discovered the stolen usages, I saw something else which made me realize what a tangled web we weave on the Internet. One instance of my article used my title verbatim, but what followed in the body of the article was what appeared to be an error-ridden, broken-English, horrendous translation from some other language, which suggested that this article had gone full circle. I imagined someone publishing my English-language article in say, Chinese, for example, and someone translating it back into English to use it on the website where I found it. Let's just say I wasn't a bit unhappy about the lack of attribution in this situation!

But this is sad... a very sad state of affairs, wouldn't you agree? Or isn't it, rather, "Wake up and smell the coffee! This is reality, so get over it"? Hence, my resignation. As a person with wavering self-esteem to begin with, I accept having someone pirate my work to call his own in the same way I accept someone cutting me off in traffic, or cutting ahead of me in line at the grocery store. It's gotten to be so commonplace that what else can you do but just shrug your shoulders about it? Sure, you could make a scene but ironically in today's society, you would be running the risk of getting arrested for breach of peace and instigating a public disturbance. That would be a perfect example of today's justice. No thanks. I'd rather just look the other way and be glad that they're not hauling me off as the real criminal for publishing interesting articles that tempt others to steal them.

But... just a minute! Isn't that a website that has actually included my name as the author? And included a link to my picture and website as well? Well, now. Isn't that nice of someone, to be so kind! Funny how abiding by the rules we're all supposed to be following is the new supernatural, worthy of reverence usually reserved for the divine or the immortal.

Are we so jaded that merely obeying the law of the land has been elevated to an act of sainthood, and deserving of the grand prize awarded only to superhumans? I guess it follows then that telling the truth, showing respect, offering help and being fair are also beyond expectation for normal individuals, and anyone exhibiting such behavior should be honored with recognition as one of today's superheroes. Never mind that many religions teach "Thou shalt not steal"; in fact, raised as a Catholic, I was taught not to even "covet" my neighbor's goods, let alone go so far as to steal them. It was wrong to even "lust" after them, to use a term made famous (or would it be "infamous"?) by Jimmy Carter in a Playboy interview back in 1976. And certainly in civil law, everyone knows it is a punishable offense to take something that doesn't belong to you. But this is more than that. It is not only taking it, but gaining glory from it as well! And in some instances, it is even gaining revenue from it because of advertising that appears as a result of its saleability and magnetic appeal, drawing cybertraffic to fulfill promised ad viewership. That should fall under a more grievous category and worthy of an even bigger punishment.

And if I were inclined to contact a copyright lawyer, I would be advised of my many rights in such a case. I would also be informed that I would be responsible for payment to the lawyer to represent me whether he was successful in apprehending the guilty party or not. Another case of divine justice gone bad. My rights are violated and I pay as a result. No pain, no gain, right? The pain being my shock and awe at having been so flagrantly ripped off; my outrage at having someone else impersonate me as the author; and my disgust at needing to pay a lawyer to defend my rights. The gain? Obviously all in the thief's court, so to speak.

Marilyn Bontempo, president of Mid-Hudson Marketing since 1975, has extensive experience guiding business leaders, directors, and professionals with successful strategies for business growth and sustenance. Long-term relationships have been established with law firms, medical practices, pharmaceutical companies, real estate executives, and a variety of other trade, corporate and industrial specialists. Her professional writing, photographic, design and aesthetic specialties provide clients with proven methods of achieving successful branding and public image. Mid-Hudson Marketing is a top New York advertising, marketing, website and graphic design firm located in Dutchess County's Poughkeepsie area specializing for more than 35 years in the creation and management of high quality branding for business success. With numerous prestigious awards to its credit, the firm's services include full scale advertising programs; expert website development and search engine optimization; professional writing and ghostwriting; blog setup and management; e-commerce and email marketing; outdoor billboards; trade show and point-of-purchase displays; sell sheets, posters, flyers, brochures, and catalogs; logos and trademarks; photo enhancements; direct mail marketing; newsletters; public relations; and more: call (845) 493-0070. For more info, please visit:

Things Most Articles Will Not Tell You About Public Domain

By Yvon Anderson
There are some things that the copyright law does not cover certain works. Sure thing that the copyright law will not protect the titles of a movie, books or perhaps simple quotations because these things are free for all and can be consider a liberty for everyone to use. This article will discuss some works that the copyright does not cover.

a. Short Phrases cannot be protected unless..
Phrases are not protected under copyright law. Short phrases, names, titles or small groups of words are seen as common idioms of the English language and are free for anyone to use. However, when it is being advertise say for example, a short phrase used as an advertising slogan or bill will be protected under trademark law. Using that case one could not use similar phrase for the purpose of selling products or any legal purposes that it may serve that protection.

b. Facts and Theories are not copyright protected
A fact or a theory is not protected by copyright. If a scientist discovered this fact, anyone would be free to use it without asking for permission or any authorization from the scientist. Similarly, if someone creates a theory, anyone could use that theory to create a new discovery or book or movie and the likes. However, there are also exemptions say for example in a unique manner in which a fact can be protected by the copyright law depending on how one presents it in the public. Say for instance, a filmmaker creates a movie about a nuclear device that can be transform into a comet, the specific way or perhaps the idea itself can be protected by the copyright.

In some cases, you are not free to copy a collection of facts because the collection of facts may be protected as a compilation.

c. Ideas? Hmmm..
Have you ever heard of an idea being copyrighted? Of course there is none because Ideas are difficult to grasp and because of this, copyright law cannot encompass in protecting ideas. Just like facts, it only protects the particular way an idea is being expressed. Any idea can be used by anyone, except for those confidential ones. Some people really register for a copyright protection, specifically in the world of business. This instances commonly happen in this situation as to protect some private establishments for their works in producing profits.

Now these are some of the works that the copyright protection law does not cover. These works are rare and I can say difficult for you to put protection but on the other hand, one can freely use any of these for whatever purpose it may serve them. If you still want to learn more about it you can follow the link in the resource box below.

Protect Your Songs - Music Does Get Stolen

By Peter Goldberger
Many songwriters wonder if it's really that big a deal to worry about getting songs stolen.

Why bother with copyright or song registration paperwork? My music is safe as soon as I write it down, right?

Well, yes and no.

True, actual copyright protection attaches as soon as original material is put into physical form. But...

You better be prepared to PROVE when your copyright protection started!

Songs get stolen more often than people might think. Cell phones make great secret audio recorders and if you are considering the Internet for your showcase... well you know how easy stealing things from there is!

And then there's the more famous cases...

That's what happened with George Harrison. His song "My Sweet Lord" was stolen from "She's So Fine" (he admitted as much, though "by accident," see below). Or Led Zeppelin's lyrics on "Whole Lotta Love" coming from Willie Dixon's "You Need Love." Or "Dazed and Confused" taken from Jake Holmes.

And if it can happen to the biggies, it can happen to anyone...

In fact, we've included 2 links toward the end of this article listing songs that were actually stolen -- one is a story about recently stolen material and the other is a study commissioned by UCLA about songs stolen between 2007 back to 1887!

And it's not just evil people out there looking for songs to steal that's the worry. It's important to make sure your music is copyright protected for other reasons too. You may or may not have heard about songs getting stolen by accident.

Yes you heard right. Registering your song copyrights is super-important to protect against the chance that someone steals it whether they mean to or not.

If you think it's impossible for someone to accidentally steal your song, just think how easy it is finding yourself humming a few bars of "something" without even remembering where you heard it (or whether you EVEN heard it or just made it up in your own mind).

Even if that happens innocently, YOU STILL DON'T WANT SOMEONE USING YOUR NOTES OR RIFFS IF YOU CREATED THEM FIRST.

And here are the 2 links discussing songs actually stolen:

CLICK HERE for a recent newspaper article on stolen song material...

CLICK HERE to read the UCLA "Copyright Infringement Project" which analyzes some of the better known music copyright cases -- from 1887 through 2007 -- with the ability to compare the alleged stolen material so you can decide for yourself!

So next time you write a song and say "why bother" when it comes to taking precautions to register your song copyright, just remember George Harrison, or Jimmie Paige, or the person turning on his or her cell phone while you play...

Remember, it takes such little effort registering your songs.

ALWAYS make sure you have proof of your song copyright and when you created them.
ALWAYS register your music with a reputable, third-party copyright registration service, or with the Copyright Office, AS SOON AS YOU CREATE IT!!!

Better safe than sorry.

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Disclaimer:
The above information is intended as general information only, not as legal advice or solicitation for legal services, and should not be relied on as such. Please consult with a local attorney in your area for specific legal questions on music copyright law.

Poor Man's Copyright - Musicians Beware of the Big Myth

By Peter Goldberger
Ok, we've all heard about this "poor man's copyright" technique, right?

We'll explain it once again, for those who have been living in caves, but before we do, you should know right off, IT DOESN'T WORK!

NO COURT HAS EVER ACCEPTED THIS METHOD AS LEGAL PROOF OF COPYRIGHT, so don't waste your time! But here's what it's supposed to do (and why it doesn't work).

The poor man's copyright (not copywrite) is when you mail either a CD, or sheet music, or some other physical form of your music, to yourself (or a friend) by regular, or certified mail.

The concept sounds reasonable: A few days later, when you get your songs or music back in the mail, you DON'T open the envelope. You just hide it away somewhere, in a drawer, a safety deposit box, with your underwear, and just wait until someday when someone tries to steal your song or music.

Then you whip out your sealed envelope, bring it to Court during your copyright infringement lawsuit, and let the Judge open it.

Then the Judge is supposed to think that the postmark on the envelope "proves" that the songs or music inside were in existence as of that date!

So, assuming the bad guy who has stolen your music started playing it after the date of your postmark, the Judge is supposed to tell the jury you win your copyright case, award you millions in damages and you go home, record your song and win American Idol!

Only problem is... as we've already said, there are NO courts we know of that have ever used a postmark from an envelope as proof in a copyright case!

Why doesn't it work you ask? Plenty of reasons:

In fact, there are SO many ways to tamper or manipulate the postmarked envelope, or the supposed "copyrighted" music inside, that we couldn't fit them all into just this one article.

But here are a few quick examples:

1. The most obvious way to "game" this method is to just mail yourself an empty envelope and just barely seal it (or don't seal it at all - the post office doesn't care if your envelope is sealed or not). Then when you get it back with its postmark, you just store it until you want to steal someone's song maybe years later.

Then, sometime in the future, you stick the words and music to someone else's song into your empty envelope with the old postmark and seal it up REAL GOOD.

And, presto, you've now got "proof" that you created that song way back on the date of the postmark -- since it's "obviously" been in that "sealed" envelope all that time!

[And if you're really clever, you could also throw in an old newspaper article when you first send yourself your "sealed" envelope, with the same date as the postmark, "proving" even further that everything in that envelope must be from that old date...]

2. Or even if you didn't try to cheat, how do you plan on verifying the security of the sealed envelope? Bringing in scientific experts to verify you haven't played with the envelope seals? NO expert could testify to that (or when exactly the envelope was sealed or resealed)! Remember, the post office doesn't even check to see if envelopes are sealed!

3. Or, how are you going to prove the postmark stamp, or certified mail notice, is genuine? Find the post office person who stamped it? Yeah, right.

4. And then, of course, there's the problem of BIAS. Who will testify in court about preparing the envelope, sealing it, mailing it, getting it delivered back to your address, how it was handled and by whom, how it was never opened, etc. etc.? YOU? Your friends? Your relatives? Do you see the problem using people close to you?

YOU (and your friends and relatives) are NOT "independent, unbiased witnesses." You (and people connected with you) have an obvious stake in the outcome of any copyright case which involves YOU! Having someone who wants to win in court (or a friend) also be a witness in the same case is about the WORST thing you can do! Ask any lawyer... WITNESSES WITH SUCH BIASES HAVE NO CREDIBILITY IN COURT!. When it comes to copyright issues, you always want unbiased, independent verification as evidence!

So as you can see, there are endless ways to cheat using this "poor man's copyright" method. DON'T WASTE YOUR TIME. IT WON'T PROTECT YOU OR YOUR SONGS! Period.

For most composers, their songs are just too important to take such stupid chances leaving them unprotected with this myth known as the "poor man's copyright." Especially when you can get real protection so inexpensively, using an independent third-party registration service!

So either register your songs with a reputable, unbiased, private music registration service, or the Copyright Office. But whatever you do, DON'T bother with the "poor man's copyright"!

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Disclaimer:

The above information is intended as general information only, not as legal advice or solicitation for legal services, and should not be relied on as such. Please consult with a local attorney in your area for specific legal questions on music copyright law.

Friday, August 27, 2010

Public Domain Videos

By Yvon Anderson

If you are a movie fanatic and lately you've realized that for some reason it feels good to collect all your all-time-favorite-videos. Starting from a documentary to music videos of your favorite bands up to the not so long ago movies that make your heart cry aloud for its wonderful cinematography and one of a kind storyline. Surely then you will have to encounter some videos in the internet where you can download infinitely.

What are public domain videos? This pertains when a copyright term on a video expires; it automatically belongs to the public sphere. A public video is not protected by copyright and the term of copyright for the video has expired. It can also be considered a content of domain if the creator failed to satisfy the statutory formalities to enhance the copyright.

In this public domain videos, you can have the liberty to do whatever you want as long as the works that you desired was granted by the Creative Commons Public Domain to have a license for doing such kind of action. In case you do not have any idea on what is this all about, let me give you some details about it.

For some Internet sites that provides public domain videos, before it can encouraged the public audience to do whatever they want with the following videos inside their sites, they first ask a legitimate license from the Creative Commons PD - this is the only responsible association that gives license relating to films from online sites. Though the Creative Commons PD license refers to the domain status of the films, this is not necessarily required to the every element that a film may contain though.

After asking for a legitimate license then you are free to do whatever legal or not purpose you may wish to do with the following PD videos that you pertain to acquire. In particular, when you access public domain videos, the videos that you desired may be quoted, excerpted or reproduced, shared, exchanged, transferred and copied the films in whole or in part, in any medium throughout the world for free.

Because if it is already in the contents of the PD videos then any derivative works that you may desire to do with the films inside the content are yours to perform, publish, reproduce, sell or distribute without any limitations and the best part is that it will cost you nothing. Everything is free.
Now you can download all your all-time favorite videos by looking whether they are in the contents of the public domain. Want to learn more? Please follow the link in the resource box below.

Swtor Account - Precaution

By Syed Taqi

The rising boom of the internet has not left the gaming industry and the recent up rise of swtor (star wars: the old republic) has caught the world by storm. It is a game which takes you to an entirely different world of space which you have always dreamed about. You play a role of a cosmonaut in it and precede though the story line full of challenges and surprises. To play

this exciting game, you need to have a swtor account which can be purchased by numerous sources available on internet.

Buying a swtor account
The physical transaction of buying a swtor account is reduced by the internet. Instead of going to the store you can now buy games from websites. For this all you need to find is the suitable website which is most frequently used. But here you need to use your brains and think critically to select a suitable website. In my opinion the most suitable one will be the MMORPG websites, which will be very convenient for such transactions. Whatever it is don't forget to confirm that that it is official and not some spammer's website. There are chances that a spammer is going to allure you into buying swtor accounts from their website. They even tell you that they are selling for a low price because the game is still under construction. But you should be extra vigilant because these spammers are likely to dupe you and you will be left with neither the money you paid for swtor accounts nor the swtor account itself. And don't think that if something like this happens, someone is going to come and help you out of this because it is a very common crime that happens on the internet every day and unfortunately there is no protection from it. So everything is your responsibility and you should employ different techniques to make sure the website you are buying your swtor account from is an authentic one. Believe me, all this hard work into looking for an authentic source to buy your account is worth it because the excitement that follows this is too enticing and you would only know about it once you start playing.

Way of authentication

One way of authentication is to check that they are using https instead of http. Another way is a very simple way: ask your friends and relatives about the websites they are buying their swtor accounts from. You can even go to internet forums and read people's comments on a particular website selling swtor accounts. It is the most useful technique. To take people's suggestion is the solution then think for a thousand times before making your transaction.

After the affirmation of the authenticity you can now proceed to venture to buying/selling part. During this you should be careful not to disclose your personal information. The transaction takes 1 to 3 days. For safety keep a record of emails exchanged between you and your seller to avoid future problems.

Therefore, the summary is to be vigilant and keeping your eyes open to protect yourself from the wrongdoers out there who are just looking for a nice opportunity.

Avoid SWTOR Account Hacking

By Syed Taqi

SWTOR- Star wars: the old republic is the upcoming story driven highly anticipated multiplayer online from Bioware and Lucas Arts. The game theme is based on life of mutants 3500 years before the rise of Darth Vader Which takes place in the Star wars Galaxy. This is a link between the previous star War series Star Wars: Knights of the old republic. The events shown in it take place

approximately 3500 years after the events of Star Wars: knights of the old republic. The game is not yet released and still under process. This provides a new scenario to the online entertainment; it features immersive story-telling, dynamic combat and ground-breaking companion characters. It has already gathered thousands of fans before its release and has got much more facilities than the other combat games and previous star war series.
The game requires an internet account but unlike rest of the games it demands monthly or bimonthly payment. Once you fulfill the requirements your SWTOR MMORPG account will be setup.

SWTOR ACCOUNT HACKING

Hacking is the dilemma faced by online gaming residents. Traditionally the trespassers will have you robbed and conquer your privacy. The hacker will be the user of your account and now it will use your subscription and reset your settings. It will change your player outlook and use your in-game currency and will completely demolish your gaming profile. It can even mean that you can lose your account and so lose the money you paid for it. The bad news is that there is no insurance for any theft that occurs here so you have to be extra careful when playing the game.

Level up in the game

Especially when you will level up in the game and then figure out that your account is hacked, then I can't imagine your anger and frustration. This is because leveling up requires a lot of your time and mental resources. This might go to waste when it gets hacked. The swtor account hacker may kick you out of your subscription by making you lose all the money you paid for it. It may worsen incase the hacker unlocks your personal details and takes over your identity.

Therefore the bottom-line is to be careful and make sure you don't expose your swtor account to the threat of hackers. Setting up swtor account will require a user name and a password. This safety task shields your account. The precautions you take for your other messenger accounts and social networking site accounts are the same. You should be careful that you log off your accounts before exiting the gaming website. Incase of failure to this safety it may expose it to your hacker-to-be. Or if you purchase the swtor game, ensure that the source is original and not some pirated copy. Don't fall into the trap of some guys that will sell you swtor accounts for a low price claiming this and that because they are all wrong and probably the trespassers. So beware of them!

The Process of Republishing From Public Domain

By Yvon Anderson

This could be perhaps the most frequently asked questions by aspiring entrepreneurs who wants to make money by the help of the Public domain. Well, first let me tell you that republishing of works coming from the Public domain is always a product of being creative and being resourceful. Of course you can't just do "copy and paste" in all of your desired works from the

public domain books available because that will be plagiarism. What you need to do is think of something that will make it more originally made by you by constructing ideas on the public domain source.

So how do you precisely do that? Indeed you don't want to make it blatant that the work that you just had comes from the public domain because people will think that you are just too lazy to make your own book because all you just do is copy and paste. So how to avoid this kind of stereotyping? You need to put credibility on your publication. Say for example, you will need to put some introductory message or editor's note in the first few pages of the book that comes from the public domain that you want to republish. Or perhaps you would like to do some editing on the layout of the text formation, font types and sizes can be adjusted to depending on what you desires. This action can help people to think that this republication is not their typical kind of work because the "new work" itself carries an attitude. Your aspiring consumers can feel it the way the book to the new work is presented just by merely looking on its physical appearance.

Friday, June 18, 2010

Does Copyright Exist in a Digital World?

By Maria Anassutzi
(Legal/Copyright)

Traditionally, distributors and publishers acquired rights from authors and then passed them on for retail, since physical copies were hard to reproduce and the distributor had a high level of control. However, digital technologies have altered this process, since authors can now publish directly in the online world and consumers have an enormous quantity of content and technologies at their fingertips. However in using them, it is almost inevitable that, they will violate copyright.

copyright

Blog Archive

Tuesday, November 23, 2010

Copyrights: You Can Preregister Your Work

Plagiarism - Different Ways How You Can Avoid Plagiarism

Copyright Law: An Overview

When Is Music Sharing Illegal?

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?

Beware of Copyright Infringement When Recording Sound Effects

More Powerful Than A Locomotive - Terminating Copyright Grants

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

What Is the Most Important Requirement of a Trademark?

Anti-Copyright - An Interesting Dilemma

How To Copyright a Service

How to File Copyright Application in India

Copyright Protection Software

Understanding Copyright Infringement

India Copyright Law

International Copyright Protection

How Copyright Laws Fail Us When We Need Them Most

Things Most Articles Will Not Tell You About Public Domain

Protect Your Songs - Music Does Get Stolen

Poor Man's Copyright - Musicians Beware of the Big Myth

Friday, August 27, 2010

Public Domain Videos

Swtor Account - Precaution

Avoid SWTOR Account Hacking

The Process of Republishing From Public Domain

Friday, June 18, 2010

Does Copyright Exist in a Digital World?

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