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Fair Use Copyright Law
Don’t Overstep the Fair Use Copyright Law
Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain.
When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright.
With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.
Music Copyright Law Are You Violating Music Copyright Law? With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way! Copyright lawyer complaints Complaints, Copyright Lawyer Complaints and Clients There are many copyright lawyer complaints, from both the lawyer and clients, but here is a list of what are the most popular. That’s right clients aren’t the only one that can have a complaint, even lawyers get them. Imagine working in an office all day representing people. You have to deal with the worse crowd some days, other days are a piece of cake, but it is the person that comes in demanding that you get them what they want right then and there. This person gets mad once the lawyer explains the process and ends up storming out of the office. Now the lawyer is left, angry and without pay. Wouldn’t this fall under a copyright lawyer complaints? As a client you have the choice of picking another lawyer; however a lawyer doesn’t have this option. They need you in order for them to get paid; they aren’t going to turn you down just because you are a bit obnoxious. Another copyright lawyer complaint may also be towards the clients, lawyers hate to work a case that others have already tried…or worse one that the client has tried himself without legal representation. To avoid this, hire a lawyer before you go to court. Don’t think you are an expert in the field just because you read a few articles or have seen a few cases on copyrighting on the television. One of the biggest copyright lawyer complaints is that the client didn’t know that the lawyer was going to charge something. This is one reason you should find out before agreeing to anything what it is you, as a client, will be paying. You don’t want to find out after the trial that you owe a huge amount of money to a lawyer that you don’t have the cash for. A copyright lawyer complaint may be that their client doesn’t have the proof they need for a case. This can be easily solved by the client if they took the proper precautions, however chances are they didn’t or they wouldn’t be needing a lawyer. Try keeping all your work in a safe place with dates stamped on them to prove when they were created. This doesn’t guarantee you that you will win a case but it can help your lawyer. Last, you, as the client didn’t know much about your copyright lawyer, complaints were filed against him in the past but you had no knowledge of them. Maybe he just lost your case because he gets angry at the drop of a hat and just showed it in the courtroom, or maybe he just didn’t return your phone calls and you had no clue when you had to be at a hearing. This will only fall back on you for not looking into him/her enough. There are a ton of resources out there, use them. Don’t just pick the first name you see. If you think that you have a case against your lawyer you can always file a claim. The best way to avoid copyright lawyer complaints is by making sure both parties are satisfied with the experience. If you are the lawyer, find out in the first meeting what your client expects of you and as a client find out what it is your lawyer will be doing for you so you don’t make assumptions. Making sure everyone has a clear understanding of what shall take place is the only way to have the best experience. Remember, a happy client means a returning client and more customers. But a client with a bunch of copyright lawyer complaints is bad for business. |