Thursday, October 24, 2013

Week 4 EOC: Copyrights

What is a copyright?

Copyright is a way that the government allows an individual to protect his/her work from being copied or stolen. Although a work is automatically copyrighted as soon as it has been created you must claim it as yours otherwise anyone can still take it for themselves. You can either show it visibly such as a watermark or put the copyright where it cannot be seen, as long as it has been copyrighted with your name or company so that you can prove it is your original work. "In the United States, the owner of a copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at all), and whether or not it is a work for hire, the U.S. copyright term for a work may be 28 years, 56 years, the life of the author plus 50 years, 75 years from the publication date, or 100 years from the date of creation. The reader will appreciate that these terms are much longer than the 17-year or 20-year term of a U.S. utility patent." (1)

This photo shows a list of items that can and cannot be copyrighted. (2) "Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work." (4)

How do you protect yourself?

First off how to protect yourself from others trying to claim your work: To be safe you should always copyright your work. If you don't then anyone can use it and even make profit from it and you are entitled to none of the earnings because you didn't copyright the work as yours. Next, if you are the one trying to use a work that is not your own, you could be committing Copyright Infringement. Copyright Infringement is "In utilizing any of the exclusive rights provided to the copyright holder without his permission, you may be violating or infringing on his rights under the Copyright Act. If the copyright holder has registered the infringed work with the U.S. Copyright Office prior to the infringement, the copyright holder may be entitled to compensation for his loss. Compensation may include damages, such as lost profits from the infringing activity, or statutory damages ranging from $250 to $150,000 for each infringing copy if the court feels that the infringement was committed 'willfully.'" (3) If you want to use a certain work, but you are unsure if it has been copyrighted, just do the research to find out who is the owner of the work. "The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission." (4)

Citations:

1) General Information about Copyright. Retrieved on October 24, 2013 from http://www.oppedahl.com/copyrights/

2) Copyright Basics: What is Copyright Law? Retrieved on October 24, 2013 from http://www.copyright.com/Services/copyrightoncampus/basics/law_protected.html

3) Copyright Infringement. Retrieved on October 24, 2013 from http://www.copyright.com/content/cc3/en/toolbar/education/get-the-facts/copyright_infringement.html

4) U.S. Copyright Office- Fair Use. Retrieved on October 24, 2013 from http://www.copyright.gov/fls/fl102.html

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