SolveYourProblem Article Series: Copyrights
I Need To Understand Copyright Law
Copyright
Infringement Made Easy
Copyright laws are constantly changing, and knowing exactly
what copyright infringement is, whether you’re creating an
eBook, publishing articles, using music as a backtrack to your
podcast - or what have you - is essential to selling your online
media. Although the laws change from one jurisdiction to another,
knowing the basic rules of copyright infringement will ensure
you’re following the proper rules of engagement when it comes
to creating your works. Before you make any final decisions
regarding the use of a work that has been copyrighted, please
contact a copyright attorney to ensure you’re following the
law – this will keep you from being sued or, even worse, punished
in a court of law.
What is Copyright Infringement?
Copyright infringement, as defined by Wikipedia.org, states:
“Copyright infringement (or copyright violation) is the unauthorized
use of material that is protected by intellectual property
rights law particularly the copyright in a manner that violates
one of the original copyright owner's exclusive rights, such
as the right to reproduce or perform the copyrighted work,
or to make derivative works that build upon it. The slang term
bootleg (derived from the use of the shank of a boot for the
purposes of smuggling) is often used to describe illicitly
copied material.”
So, what is copyright infringement in plain English? It means
that if you’re not allowed to use something, then don’t use
it – plain and simple. It can be very simple to get permission
to use a work – many times you’ll be able to use a ‘sample’
of music or excerpt of written work for a nominal fee, or small
attribution. However, if you do not have the permission of
the copyright holder – whether it’s an author or a publishing
house – you can be sued for copyright infringement or worse.
What is Copyright Infringement in America?
In many jurisdictions, such as the United States of America,
this act is known as a strict liability crime or tort (a tort
is a civil wrong – not a criminal wrong). This means that the
person who infringes the copyright - whether intentionally
or not - will be responsible for the damage or loss. Also,
the prosecutor (in criminal court) or plaintiff (in civil court)
must only prove that the act of copying was committed by the
defendant – they do not need to prove guilty intent. This means,
even if you had no intention of committing copyright fraud
or infringement, you can (and in present times, in many cases,
WILL) be prosecuted, even if you used the material in good
faith.
What is Copyright Infringement in action?
Many cases of copyright infringement are difficult to see
to the layperson, because the violation is not limited to exact
copying. In many cases, when something is inspired by another
thing – such as in music, when the inspiration of one song
is used to create an entirely different song – it’s difficult
to see where the new product or ‘thing’ has crossed the line
to something illegal. Some works aren’t even protected by copyright,
such as compilation of facts that lack the creativity necessary
to be covered by copyright, or works that are in the public
domain because the copyright has expired. Knowing the difference
is often very difficult to see, and because of this we’ve seen
a number of copyright infringement cases in recent years, especially
in tandem with the music industry.
As you can see, copyright infringement is a very difficult,
albeit necessary, act to define. However, if you make sure
that you’re using works that are in the public domain, or have
long since been out of copyright (think Beethoven or Frankenstein)
you’ll be safe. Do you fair research, and if you have any questions
contact a copyright lawyer and ask ‘what is copyright infringement’
to learn the most up-to-date information for your jurisdiction.
# # # # # SolveYourProblem.com
: 2008
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