SolveYourProblem Article Series: Copyrights
I Need To Understand Copyright Law
What
Is Copyright Infringement?
Play It Safe: Making Sure You're Not Committing
Copyright Infringement
Copyright infringement is not an easy thing to explain. While
it may seem as simple as not using someone else’s work, it’s
not that easy. Thanks to the Electronic Frontier Foundation,
and many other organizations, we have the ability to use others’
works – as long as we use it under ‘fair use’ laws. So what
does fair use have to do with copyright infringement, and how
can you utilize it?
Fair use laws are the conditions in which you can use a copyrighted
work without having to pay someone royalties. This includes
when you use a copyrighted work for educational or instructional
uses, criticism of the work, commentaries on the work, news
reporting about the work, teaching on the work (including multiple
copies for classroom use), scholarship uses, and research.
This is talked about fully in Section 107 of the Copyright
Code (commonly called Fair Use) and is available for you to
read at your local library.
Copyright Infringement in day-to-day life
Sometimes, if you’re writing a paper for work or school, or
if you are creating a Power Point presentation, you need to
use someone’s work that is already in copyright. So how do
you use it without committing copyright infringement? All you
have to do is ask – the worst they can say is no, right? But,
if they do say no, there are several items in the public domain
which may help you to finish your project without having to
commit copyright infringement.
What is the public domain, and how does it relate to copyright
infringement?
Material that is not copyrighted is considered in the public
domain – you cannot commit copyright infringement on works
in the public domain. These works include things that the copyright
has expired on, or is not copyright-able – such as government
publications, jokes, titles, and ideas. Some creators (writers,
musicians, artists, and more) deliberately put their work in
the public domain, without ever obtaining copyright, by providing
an affiliation with Creative Commons. Creative Commons allows
people who create materials to forfeit some, or all, of their
copyright rights and place their work either partially or fully
in the public domain.
So, how do I ensure I’m not committing copyright infringement?
First of all, if you’re going to use someone else’s material,
you may want to check the public domain to see if something
is suitable for use, instead of trying to use someone else’s
copyright. However, if you can’t find something suitable (and
you can’t create something yourself), the next best thing (and
your only legal course of action) is to find a piece that is
in copyright, and contacting the copyright holder.
When you contact the copyright holder, make sure you tell
them what you want to use their piece for – whether it’s for
your blog, podcast, or report – and ask them if you can use
it. You may have to pay royalties, or an attribution in your
piece, or a combination of both. The creator may also place
many limitations on when and how you can use their material.
Follow all these instructions they give you, and you’ll be
free and clear to use their work as you want.
Once you have permission to use a copyrighted work, you need
to make sure you stay within the agreed-upon boundaries - if
you veer outside their agreed terms, you may open yourself
up for a copyright infringement lawsuit – which can be nasty,
costly, and time consuming. If you’re in doubt, before contacting
the copyright holder, contact a copyright lawyer to ensure
you’re following the law – and protect yourself! # # # # # SolveYourProblem.com
: 2008
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