Copyright is a legal matter, which is backed up by the majority of governments throughout the world. It gives the exclusive rights to the original creator of any work. A copyright is your right to your copy. You have the right to make copies, to sell your work, to share it, etc. No one else has this right until you sign it over, or give some form of consent. Copyright laws gives you the right to be properly compensated for your work should it be used, you can benefit from it financially or be credited to the work as you see fit.
Copyright gives the ability for companies and for individuals to prevent the complete copying of books, music, photographs or any sort of created materials from being recreated and resold by someone else. It is illegal to reprint or redistribute copyrighted material, and in a case where a person has done this, that person can be sued in a civil court proceeding. If the case is extreme, if there is intent to damage the plaintiff's income or value of the work, it can be tried in a criminal court.
This isn't always completely binding. The courts usually allow 'fair use' of some copyrighted materials. It prevents people being sued over every little incident. This means that if you choose to use pieces of material in order to review it, or for educational purposes, or to make a parody or under other certain conditions, you are excused from being sued for copyright violations.
Today, there are additional laws that cover the Internet, and the use of copyrighted work on websites and shared through networking sites. The Internet makes it easy to copy and paste a written work, and sometimes assumptions are made about what is deemed to be 'fair use' of copyrighted material. Since every case is unique, and depending on the severity of the violation, there are often different ways to handle each incident. This might include a simple enforcement to remove the copied material from a website, to an actual lawsuit, which could cost the defendant as much as $100,000 per violation.
Thursday, August 7, 2008
Copyright Your Work For Less! Check Out the Government Copyright Site!
Save Hundreds of Dollars:
Have you paid two or three-hundred dollars to get your work copyrighted? Do you know that you should be able to copyright your work for under sixty dollars or even less than that? If you paid out hundreds of dollars for copyrighting your work, you most likely went to the wrong website. It was wrong in the respect that you probably went to a website that made a great commission on your copyright. Here is why I am writing this article. So many times in the past, I have spoken with those who have copyrighted their own work. And almost always, without fail, they have told me that they have spent from about two-hundred dollars to over five hundred dollars to copyright their own work. And none of them knew that they were paying exorbitant fees. Everyone thought that was just the regular copyright fee. I have told people over and over, that the normal copyright fee is under one hundred dollars and probably much less. I have also told them that they can even save regular fees at the official government website by putting all their creative ventures into one form. In other words, instead of copyrighting one cartoon character, they can put or draw all their cartoon characters into one booklet, book, brochure or some collection like that and pay ONE copyright fee for more than 100 cartoon characters. Everything inside of the book is copyrighted once you copyright the book.
Copyright Forms are FREE:
So, I guess, now you see how you can begin saving money by just having the right websites. One person goes to a website and sees that the copyright fee is over 200 dollars and the next goes to the official government website and sees that the fee is lower AND the official site gives all sorts of FREE information regarding ownership, copyrighting and keeping ownership. There are free forms at the site also. Never ever pay for a copyright form. All forms are free.
It Is All Legal and Official!
To copyright properly, legally, promptly and less expensively, go directly to the US government's website for copyrighting. At that site you will be able to download FREE copyright forms, information and instructions on how to copyright anything and everything that you have ever created. There are key ways to save money-EVEN at the government website.
If you are wondering why you need to copyright your work, just think about it. Have you read the tabloids or newspapers lately? So many times, people claim to write certain songs one year and then someone comes along and claims they wrote the song ten years earlier. Now if you copyright all your work, you are protected from something like that. And if you have a pen, and the forms, and the small fee, you can copyright all of your work. If you write to me (AFTER YOU LEAVE a comment here), I will put you in touch with a website where you can publish your book and have it online in less than one week--without paying any advance fees.
So , you can go to the site, upload your creative work, put it all together and have it online pronto. After that you can officially copyright your work with the government copyright offices if you like.
I write this article for enjoyment, entertainment, connection and information purposes only. I am not a lawyer, legal professional or government worker. I pass this information on to you only as a public service so that you can begin to save money. Do only what is right, convenience, and safe for you to do. Go to the site and make your own choices after reading everything there.
Have you paid two or three-hundred dollars to get your work copyrighted? Do you know that you should be able to copyright your work for under sixty dollars or even less than that? If you paid out hundreds of dollars for copyrighting your work, you most likely went to the wrong website. It was wrong in the respect that you probably went to a website that made a great commission on your copyright. Here is why I am writing this article. So many times in the past, I have spoken with those who have copyrighted their own work. And almost always, without fail, they have told me that they have spent from about two-hundred dollars to over five hundred dollars to copyright their own work. And none of them knew that they were paying exorbitant fees. Everyone thought that was just the regular copyright fee. I have told people over and over, that the normal copyright fee is under one hundred dollars and probably much less. I have also told them that they can even save regular fees at the official government website by putting all their creative ventures into one form. In other words, instead of copyrighting one cartoon character, they can put or draw all their cartoon characters into one booklet, book, brochure or some collection like that and pay ONE copyright fee for more than 100 cartoon characters. Everything inside of the book is copyrighted once you copyright the book.
Copyright Forms are FREE:
So, I guess, now you see how you can begin saving money by just having the right websites. One person goes to a website and sees that the copyright fee is over 200 dollars and the next goes to the official government website and sees that the fee is lower AND the official site gives all sorts of FREE information regarding ownership, copyrighting and keeping ownership. There are free forms at the site also. Never ever pay for a copyright form. All forms are free.
It Is All Legal and Official!
To copyright properly, legally, promptly and less expensively, go directly to the US government's website for copyrighting. At that site you will be able to download FREE copyright forms, information and instructions on how to copyright anything and everything that you have ever created. There are key ways to save money-EVEN at the government website.
If you are wondering why you need to copyright your work, just think about it. Have you read the tabloids or newspapers lately? So many times, people claim to write certain songs one year and then someone comes along and claims they wrote the song ten years earlier. Now if you copyright all your work, you are protected from something like that. And if you have a pen, and the forms, and the small fee, you can copyright all of your work. If you write to me (AFTER YOU LEAVE a comment here), I will put you in touch with a website where you can publish your book and have it online in less than one week--without paying any advance fees.
So , you can go to the site, upload your creative work, put it all together and have it online pronto. After that you can officially copyright your work with the government copyright offices if you like.
I write this article for enjoyment, entertainment, connection and information purposes only. I am not a lawyer, legal professional or government worker. I pass this information on to you only as a public service so that you can begin to save money. Do only what is right, convenience, and safe for you to do. Go to the site and make your own choices after reading everything there.
Help! Using a Lawyer to Help Copyright Your Work
Let's say that you are a professional photographer, and you have taken a lot of photos. Your photos are your moneymakers. You need to protect them as much as possible. This might mean getting your photographs registered with the United States Copyright Office. This official registration protects you by offering you the opportunity to get more back to help compensate when someone should infringe on your rights.
Now the United States Copyright Office usually has forms and fees associated with registering your copyright. This might be a little bit confusing if you have never done this before. Also, you might have a lot of photographs or other things to copyright. With so much to do, you might find it beneficial to contact a lawyer that can help with copyrighting your work.
You can usually find a lawyer by doing a search online for copyright lawyer, and going through the different listings until you find one you are comfortable working with. You might consider asking other professionals whom they use to handle their copyright work. You should do plenty of research before selecting the right copyright lawyer for you.
You should always talk with the lawyer thoroughly before you sign any documents and hand over your information and your work. Make sure you get references and check those. Basically, you want to make sure your lawyer does, in fact, know what he is doing, especially if your case is rather complicated in nature. Consider getting a set rate per work that is actually copyrighted correctly, instead of paying an hourly rate structure.
Once you have found a lawyer that can help you with copyrighting your work, you also have found someone who can help to sue anyone who infringes your copyright. Your lawyer will be a step ahead with already knowing you and knowing the work in question. You'll be able to have legal matters solved quickly over a copyright infringement case. This alone can certainly make it more worthwhile to get a copyright lawyer on your side early on, especially if the works you are copyrighting are your source of income.
Now the United States Copyright Office usually has forms and fees associated with registering your copyright. This might be a little bit confusing if you have never done this before. Also, you might have a lot of photographs or other things to copyright. With so much to do, you might find it beneficial to contact a lawyer that can help with copyrighting your work.
You can usually find a lawyer by doing a search online for copyright lawyer, and going through the different listings until you find one you are comfortable working with. You might consider asking other professionals whom they use to handle their copyright work. You should do plenty of research before selecting the right copyright lawyer for you.
You should always talk with the lawyer thoroughly before you sign any documents and hand over your information and your work. Make sure you get references and check those. Basically, you want to make sure your lawyer does, in fact, know what he is doing, especially if your case is rather complicated in nature. Consider getting a set rate per work that is actually copyrighted correctly, instead of paying an hourly rate structure.
Once you have found a lawyer that can help you with copyrighting your work, you also have found someone who can help to sue anyone who infringes your copyright. Your lawyer will be a step ahead with already knowing you and knowing the work in question. You'll be able to have legal matters solved quickly over a copyright infringement case. This alone can certainly make it more worthwhile to get a copyright lawyer on your side early on, especially if the works you are copyrighting are your source of income.
How Do I Obtain Copyright?
You obtain your copyright to any project the moment you put words to paper, or ink to your sketch, or snap the photograph. The rights to your project are yours to keep. Until you sign a contract or make any agreement otherwise, you retain the rights to your work at all times. This means you have the right to pursue legal action if anyone were to use your work without permission. You might also need it if someone takes you to court, claiming you stole their ideas or work.
However, some people are not satisfied with this. Also, while you could take someone to court over exploitation of your copyrighted work, you might need to have some proof that you did create the work first. If you actually intended to sell your work, like your photographs and your text, you can register for a copyright. The United States Copyright Office will let you register your work, or groups of your work, and you will be able to get more money and make a better claim if you should ever have to go to court.
People used to say you could put copies of your work in an envelope and mail it to yourself using the United States Postal Service. It is called the "Poor Man's Copyright Registration". The truth is that while it might help in court proceedings, it is really better if you go ahead and register your copyright to your work officially.
You should especially copyright your work if it is something you intend to keep and resell again and again, and make a living off of your work, like a photograph or a piece of art. You should know that if you write an article or a book, usually the publishing company that purchases the work will obtain the copyright for you, and it might be better to let them do so. If you're uncertain, it doesn't hurt to go ahead and get the copyright registered for your project anyway. It can certainly be helpful if you should ever need to use it when you go to court over copyright violations.
However, some people are not satisfied with this. Also, while you could take someone to court over exploitation of your copyrighted work, you might need to have some proof that you did create the work first. If you actually intended to sell your work, like your photographs and your text, you can register for a copyright. The United States Copyright Office will let you register your work, or groups of your work, and you will be able to get more money and make a better claim if you should ever have to go to court.
People used to say you could put copies of your work in an envelope and mail it to yourself using the United States Postal Service. It is called the "Poor Man's Copyright Registration". The truth is that while it might help in court proceedings, it is really better if you go ahead and register your copyright to your work officially.
You should especially copyright your work if it is something you intend to keep and resell again and again, and make a living off of your work, like a photograph or a piece of art. You should know that if you write an article or a book, usually the publishing company that purchases the work will obtain the copyright for you, and it might be better to let them do so. If you're uncertain, it doesn't hurt to go ahead and get the copyright registered for your project anyway. It can certainly be helpful if you should ever need to use it when you go to court over copyright violations.
The Defining and Implementing Fair Use
Fair Use is the term that is used to describe the right to use copyrighted materials for a few purposes. These purposes might be for criticism, for commenting, news reporting, for teaching, for education or for research. To determine what is fair use, it really depends on the purpose the copyrighted work was used, and if it was for a commercial or for a nonprofit, educational situation. It also depends on the potential market value of the item that is copyrighted and whether or not the use of the work would affect the income or value of the work to the original copyright owner.
The law was created to help people use part of a piece of work from someone else, in order to use it for researching, education purposes, etc., as described. Mostly, you have to consider the damage you could be doing to the copyrighted work if you do use it. For example, copying an entire magazine article and pasting it online by itself would be viewed as an infringement of copyright. If you were to take portions of the article, or use the displayed article to review it or use it in a parody or to make comments on it, that might be acceptable.
Again, it really depends on if what happens to the work will actually harm the value of the work. If someone is making an income off of selling a photograph, and you take the photo and post it on your blog for free without buying the rights, and you could use it in a parody or in a format of research, but if there is a loss of income due to you using that photo, you could still get into trouble. While facts and ideas can't be copyrighted, the expression and the way the sentences or words or images are put together are copyrighted. So you'll need to recheck out your use of facts as well and make sure you are not violating any copyrights by using them. If you are ever in doubt, ask someone else, or especially ask the original author if you can have permission.
The law was created to help people use part of a piece of work from someone else, in order to use it for researching, education purposes, etc., as described. Mostly, you have to consider the damage you could be doing to the copyrighted work if you do use it. For example, copying an entire magazine article and pasting it online by itself would be viewed as an infringement of copyright. If you were to take portions of the article, or use the displayed article to review it or use it in a parody or to make comments on it, that might be acceptable.
Again, it really depends on if what happens to the work will actually harm the value of the work. If someone is making an income off of selling a photograph, and you take the photo and post it on your blog for free without buying the rights, and you could use it in a parody or in a format of research, but if there is a loss of income due to you using that photo, you could still get into trouble. While facts and ideas can't be copyrighted, the expression and the way the sentences or words or images are put together are copyrighted. So you'll need to recheck out your use of facts as well and make sure you are not violating any copyrights by using them. If you are ever in doubt, ask someone else, or especially ask the original author if you can have permission.
Suing For Misappropriation of Copyrighted Work - How Long Should I Wait?
Let's say you found someone who has copyrighted your work. Once you have learned of the infringement, you should make sure you have your work properly registered with the United States Copyright Office. If you have previously registered it, review it to make sure it is correct and fix any errors. If it isn't registered yet, you can do so at any time. You should have your work copyrighted by the U.S. Copyright Office in place before you proceed.
Once you do this, you should talk to a copyright lawyer. Every case is different and you will need to do a complete evaluation of your work and the copied material. This might require you providing some proof that the copied material has actually caused damages to the value of your work, has impinged on your rights to the copy, or other forms of damages. You might need to also prove the profits that the defendant has made on the materials, if any.
Your copyright lawyer will advise you on your rights to sue, what you can expect out of the trial, how long it might take, any fees you would pay, etc. Your lawyer will let you know when the appropriate time would be to sue for misappropriation of the copyrighted work. You should be certain that you need to take this step, the compensation for damages can be as low as $500 and if the copyright registration wasn't filled out right, or within a certain amount of time, you might not be compensated for your attorney fees.
You can also sue for the discontinuation of the copying materials from the defendant. Injunctive relief would be applied, which would stop the defendant from producing any more of the work. This can happen before the trial, if the plaintiff pays an appropriate bond. If the plaintiff doesn't win the copyright lawsuit, the defendant gets the bond money in compensation. This is why it is important to be careful when suing someone for misappropriation of copyrighted material and to make sure it will be worth it when you do decide to sue the defendant.
Once you do this, you should talk to a copyright lawyer. Every case is different and you will need to do a complete evaluation of your work and the copied material. This might require you providing some proof that the copied material has actually caused damages to the value of your work, has impinged on your rights to the copy, or other forms of damages. You might need to also prove the profits that the defendant has made on the materials, if any.
Your copyright lawyer will advise you on your rights to sue, what you can expect out of the trial, how long it might take, any fees you would pay, etc. Your lawyer will let you know when the appropriate time would be to sue for misappropriation of the copyrighted work. You should be certain that you need to take this step, the compensation for damages can be as low as $500 and if the copyright registration wasn't filled out right, or within a certain amount of time, you might not be compensated for your attorney fees.
You can also sue for the discontinuation of the copying materials from the defendant. Injunctive relief would be applied, which would stop the defendant from producing any more of the work. This can happen before the trial, if the plaintiff pays an appropriate bond. If the plaintiff doesn't win the copyright lawsuit, the defendant gets the bond money in compensation. This is why it is important to be careful when suing someone for misappropriation of copyrighted material and to make sure it will be worth it when you do decide to sue the defendant.
Small Business Fights to Survive by Protecting Its Copyrights
Our family business is a manufacturer of niche products in the western horse tack industry. Our unique product designs have been the repeated target of counterfeiters both in the U.S. and Europe over the past five years. Over time we have learned how to successfully counter these unauthorized efforts to copy our designs and piggyback on our well-known brand name. The popularity of our products makes us a tempting target for the competition and we find ourselves in a state of perpetual siege.
Copyright law in the United States is a bit peculiar. Once an original work is published, whether that is over the Internet or in print format, it is considered to have a copyright. However, until the copyright is registered with the U.S Copyright Office in Washington, D.C., one's options to take legal action against the infringing party are quite limited. Registering a copyright, however, allows you to legally challenge the company that stole your designs with the threat of significant monetary punitive damages if the case would go to trial. That's exactly what we have done in several instances of blatant copyright infringement and it works.
In our industry the unauthorized copying of the designs of saddle blankets, spurs, bits and other horse tack is something that is commonplace and never challenged. The first time our designs were copied by another company in Texas and made into a rather poor quality product made in India, we hired a copyright attorney and challenged the design thieves.
They were outraged that we would dare claim the designs as our own and tried to bluster and threaten their way out of the claim. Eventually, because our copyrights were not registered, we were only able to stop the offending company from copying any more of our designs. We were not able to force them to remove the ones they had already usurped.
The next two instances of copyright theft were different. By then we had gone to the trouble of registering the copyrights on our new designs and we had a hammer with which to challenge the infringer. This changed the picture completely. We were able not only to stop the copying and force the company to take the unauthorized copies off the market, but also receive significant payment for damages.
The latest, most blatant attempt to trade on our brand name occurred in Europe oddly enough. An Austrian company purchased some product from us to establish themselves as a dealer. Subsequently they found a source for inexpensive copies of our product and began to advertise them as genuine using our brand name. That took a lot of gall, we thought. An email threatening legal action through a Vienna-based attorney and the promise to publicize their fraudulent claims on our website put an end to that attempt.
If these companies would only spend the same amount of energy and money creating their own original designs as they do trying to copy ours, everyone would be better off. Until then we will continue to counter these illegal attempts to steal our designs.
The author is a former U.S. diplomat, international businessman, rancher and avid sportsman. He lives in both Texas and Nicaragua having recently finished a house overlooking the Pacific Ocean in San Juan del Sur.
Copyright law in the United States is a bit peculiar. Once an original work is published, whether that is over the Internet or in print format, it is considered to have a copyright. However, until the copyright is registered with the U.S Copyright Office in Washington, D.C., one's options to take legal action against the infringing party are quite limited. Registering a copyright, however, allows you to legally challenge the company that stole your designs with the threat of significant monetary punitive damages if the case would go to trial. That's exactly what we have done in several instances of blatant copyright infringement and it works.
In our industry the unauthorized copying of the designs of saddle blankets, spurs, bits and other horse tack is something that is commonplace and never challenged. The first time our designs were copied by another company in Texas and made into a rather poor quality product made in India, we hired a copyright attorney and challenged the design thieves.
They were outraged that we would dare claim the designs as our own and tried to bluster and threaten their way out of the claim. Eventually, because our copyrights were not registered, we were only able to stop the offending company from copying any more of our designs. We were not able to force them to remove the ones they had already usurped.
The next two instances of copyright theft were different. By then we had gone to the trouble of registering the copyrights on our new designs and we had a hammer with which to challenge the infringer. This changed the picture completely. We were able not only to stop the copying and force the company to take the unauthorized copies off the market, but also receive significant payment for damages.
The latest, most blatant attempt to trade on our brand name occurred in Europe oddly enough. An Austrian company purchased some product from us to establish themselves as a dealer. Subsequently they found a source for inexpensive copies of our product and began to advertise them as genuine using our brand name. That took a lot of gall, we thought. An email threatening legal action through a Vienna-based attorney and the promise to publicize their fraudulent claims on our website put an end to that attempt.
If these companies would only spend the same amount of energy and money creating their own original designs as they do trying to copy ours, everyone would be better off. Until then we will continue to counter these illegal attempts to steal our designs.
The author is a former U.S. diplomat, international businessman, rancher and avid sportsman. He lives in both Texas and Nicaragua having recently finished a house overlooking the Pacific Ocean in San Juan del Sur.
What is Copyright and When Does a Work Fall Into the Public Domain
Copyright is a legal tool that provides the creator of a work the right to control how a work is used. US Copyright law is a Federal Law which protects all kinds of works of authorship. This includes books, magazines, newspapers, and other writings. but can also include music, art, photographs, films/videos, computer software, maps, choreography, and architecture.
The owner of a works Copyright has the right to control how the work is reproduced, distributed, adapted, displayed, and performed. So, if someone were to use a work that is Copyrighted the owner has the right to sue for suitable compensation for any losses.
But...the copyright of a work does not last forever.
Some works are not, and never have been, protected by Copyright. For example: the works of Shakespeare. And the works of P.T. Barnum, the circus entertainer, who donated his autobiography to the Public Domain. And when a work's copyright expires, that work then falls into the Public Domain. Which means that the work can be freely copied, distributed, adapted, or performed without asking for permission or without paying any royalty fees.
Copyright law is not that difficult but it is confusing because US Copyright law has been amended so many times.
How do you first find out if a work is Copyrighted?
First you need to ascertain if a work was published.
Here is a quick overview right up until 1978 (which is the effective date of the 1976 Copyright Act):
All works published in the US before 1923 are in the Public Domain.
Works published in the US between 1923 and 1963 may be in the Public Domain. It is estimated that 85% of all works published between those years have fallen into the Public Domain.
This sounds extraordinary but for those Copyrights to stay valid, the owners had to "renew" the Copyright in the 28th. year after publication. As you can imagine, most forgot. And, many had passed on.
So, in order to check that a work's copyright had been renewed you need to either hire a specialist company to do the search for you - or, perform the search yourself. If you want to perform the search yourself, you will need access to the Internet and, depending on when the work was published, the requisite website.
The owner of a works Copyright has the right to control how the work is reproduced, distributed, adapted, displayed, and performed. So, if someone were to use a work that is Copyrighted the owner has the right to sue for suitable compensation for any losses.
But...the copyright of a work does not last forever.
Some works are not, and never have been, protected by Copyright. For example: the works of Shakespeare. And the works of P.T. Barnum, the circus entertainer, who donated his autobiography to the Public Domain. And when a work's copyright expires, that work then falls into the Public Domain. Which means that the work can be freely copied, distributed, adapted, or performed without asking for permission or without paying any royalty fees.
Copyright law is not that difficult but it is confusing because US Copyright law has been amended so many times.
How do you first find out if a work is Copyrighted?
First you need to ascertain if a work was published.
Here is a quick overview right up until 1978 (which is the effective date of the 1976 Copyright Act):
All works published in the US before 1923 are in the Public Domain.
Works published in the US between 1923 and 1963 may be in the Public Domain. It is estimated that 85% of all works published between those years have fallen into the Public Domain.
This sounds extraordinary but for those Copyrights to stay valid, the owners had to "renew" the Copyright in the 28th. year after publication. As you can imagine, most forgot. And, many had passed on.
So, in order to check that a work's copyright had been renewed you need to either hire a specialist company to do the search for you - or, perform the search yourself. If you want to perform the search yourself, you will need access to the Internet and, depending on when the work was published, the requisite website.
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