Copyright Law Protects Printed Material from Being Photocopied but There Are Exemptions - Business

Copyright (c) 2011 Alison Withers

The most recent UK legislation on Copyright law is dated 1988 but it is complex and has been regularly amended since but basically any material in print and on the internet is protected from being copied or reproduced and the writer has Intellectual Property Rights to protect them.

This protection also applies to music scores and visual images and the point is to protect the originator of the work, who earns their living from what they produce.

This might cause problems for both students and teachers in schools, colleges and universities, where budgets are limited and providing reference books for each student would be very expensive.

Many educators rely on photocopied materials as part of the materials they need to give students for lessons and in further education students, too, rely on references for written coursework. No college library is likely to have more than a few copies of any reference book, which can be a problem if there are many students needing to refer to them.

There is a system of licensing for educational establishments to allow photocopies to be made covering both printed material and scans and copies of online material. The examples that follow are extracts only and users should check the complete licence for what is permitted and what is not.

The Copyright Licensing Agency runs the licensing system, called the CLA Schools Licence, which allows photocopying from printed books, journals, and magazines as well as making digital copies from online material or photocopying and scanning printouts of digital material.

Among the issues covered by the Licence are defined limits to the amount of material that can be copied and printed out which are:

1 One complete chapter from a book2 One article from a journal or magazine3 One short story or poem not more than 10 pages in length4 The entire report of a single legal case5 Or 5% of the publication if greater than above

The licence does not include printed music, including the words, newspapers, workbooks and some correspondence courses as well as any publications that include a notice that they are prohibited from being copied under a CLA licence.

There are limits also on how many copies can be made and for whom. They should only be enough for the teacher and the numbers of pupils in the class if being used for teaching. They should only be made available to students, teachers, parents and governors.

Most university libraries have a notice of the rules and regulations regarding photocopying and copyright next to their photocopiers so that users know what they can and cannot do.

Regarding quoting from other people's material, the 1988 Copyright Act contains a clause, called Fair Dealing, that states that copyright is not infringed if material being quoted or used is for research or private study, criticism or review or for reporting current events.

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Copyright Infringement and its Consequences - Law - Copyright Law

The author or creator of every original work that is tangible in nature has every right over his project. If this work is reproduced, altered, exhibited, broadcasted or made public in other way without the consent of the owner, it is considered violation of the legal and moral rights of the author. It is best to register your work with the United States Copyright Office which asserts the owner's rights under the Copyright Act and makes it public without revealing the actual identity of the author or the detailed content of the project. But authorization discourages plagiarism to some extent.

If a case of infringement of copyright occurs, an encroachment application must be filed with the federal court. The judge can order a permanent prohibition on the offending person or entity otherwise if the infringement case is a complicated one and requires time, a temporary injunction is ordered by the court to keep away any further cases of corruption till the decision is pending.At any point in an infringement case, the contents of the alleged work can be seized by the court. If the court gets proof of the infringement, all the illegal copies are seized by the Law Enforcement Agents and then destroyed. The original work is also kept in custody which is liable of unlawful reproduction.

If the copyright holder has registered his work with the United States Copyright Office prior to the infringement, he can claim charges for lost sales and profit due to plagiarism. Legal fines can also be recovered ranging from $250 to $150,000. This amount can also be bigger depending on the circumstances and popularity of the violated work

Plagiarism is also when an author's work is reproduced for profit. If the project that has been copied had a worth around or more than one thousand dollars, the guilty is awarded a punishment of one year in jail along with the payment of fine decided upon by the court. If the infringed work had a worth of more than two thousand five hundred dollars, the guilty is sent to jail for five years and fine, decided by the court is paid.

Copyright violation of bigger projects is definitely a far greater issue than that of smaller and less popular projects, but morally it is wrong both ways. If the problem is not snubbed right at the beginning, it creates greater disasters with the passage of time.

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Selling A Website Watch Out For Copyright Problems - Internet

Lastly, it is very important that your law firm logo works just as well in black and white as it does in color. You would be surprised how many designers make the mistake of designing a beautiful logo in color but it does not work when translated to black and white. This does not seem like much of a problem if you have the money to print everything in color, but what if you need to send a fax or make a black and white copy of a document? Your color logo may not translate well and may appear as a "blob" on the paper. It is very important that your law logo translates well with black and white technology.To profit online you have two options that are easy and very affordable one is you have the option of developing your own product and offering to sell it or you can become an affiliate and sell others product for a commission. A third alternative that is even more appealing is to buy partial ownership through resell rights of existing products and sell them.Intellectual Prop erty is classified under several Headings in the Act, ie: Copy right and related rights, Industrial Designs, Patents, Marks & Trade Marks, Collective marks, Certification Marks, Trade Names and Layout Designs of Integrated Circuits to be given the protection of Law. The National Intellectual Property Office of each country is the ONLY Government body established for the full control of IP related matters including Registration and Administration of Industrial Designs, Patents, Marks and any other matter as provided by law.Now, that's fine if you don't really care what happens with your art and you're happy with a flat fee payment. Buyouts can work well for illustrators who do book and magazine covers or interiors, or advertising images, and who know full well that they'll never be able to use the art again. They generally know what they're getting into. The problem comes about when an artist doesn't know what he or she is getting into, and the artist who called me the other day had been successful in her own way - with one company - but essentially had no real portfolio of art that was available for licensing anywhere else. Many years of work, and she owned none of it.The fact of the matter is, this is a great era for authors as well as author-side publishing lawyers and entertainment attorneys, and they should seize the moment. The fact that "industry-standard" definitions of the electronic right and digital right have yet to fully crystallize, (if indeed they ever do), means that authors and author-side publishing lawyers and entertainment attorneys can take advantage of this moment in history.Accordingly, what you will probably see is a proverbial "kitchen sink" electronic right clause which has been newly-drafted and perhaps even insufficiently reviewed by the company-side publishing lawyers and entertainment attorneys, internally and themselves - wherein the publisher will ask the author for every possible electronic and digital right and every other thing, including (without limitation) the kitchen sink. The only response to such a broad-band electronic right or digital right clause is a careful, deliberate, and methodical reply.As the recent and well-known Stephen King pilot program will attest, fiction is the next subject matter area to be affected. Many of us book lovers including publishing lawyers and entertainment attorneys don't like to think about it, but bound hard-copy books may soon become the sole province of book collectors and publishing lawyer vanity bookcases alone. The vast majority of book readers, however, may so wholly embrace the digital right and electronic right that they soon even lose the patience to wait for their "amazon.com" mailed shipment.After all, the USCO form specifically asks the filer when - in what year - his or her work was completed. You could in theory file in 2011 for a 2006-completed work. In that case, the copyright would have existed as of 2006. Under the U.S. Copy right Act, (which can be found at various locations on the Internet, at 17 United States Code [U.S.C.] Section 101 and following), the author of an original and otherwise-protectable work automatically possesses a copyright in that work as soon as the work is reduced to a "tangible medium of expression". No later.There are a few aspects an artist will have to consider when hiring an entertainment lawyer. First is the expense of hiring the lawyer. The artist will also have to enquire about the lawyer's billing methods. Some may charge fees on an hourly basis while others may charge a percentage of the artist's income. Few other lawyers may charge a set amount for each contract or for a month. Sometimes lawyers use value billing wherein a fee is charged on the basis of their client's deal size and their own contribution to acquiring it. Artists should also enquire about hidden charges that can be charged in addition to the lawyer's fees. This may include costs for photocopies, phone calls and such.

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Copyright Infringement in the U.S. - Law

This article should only be used for information purposes. If you have an issue regarding a legal issue, we recommend contacting a lawyer.

When a person intentionally copies someone else's work without permission, its considered copyright infringement. When a person infringes another person's work they could be faced with stiff penalties. The infringing party could be faced with paying the victim both compensatory and punitive damages. The punitive damages can range from state to state.

When a person reproduces someone else's work without written permission they have infringed on another's work. Infringements can include the illegal copying of website content, publications, newsletters and journals.

There is no question that copyright infringement lawsuits can take a lot of time and money. These cases can last for years and cost both parties involved hundreds of thousands of dollars in legal fees.

People typically steal material for financial gain. In 1976 there was a new law that was passed pertaining to copyright infringement. The 1976 Copyright Act is intended to penalize those on both a civil and criminal level. This means a person can also be tried in criminal court.

It may be tempting to steal another person's work for financial gain, however the end result could end up costing you millions of dollars in legal fees and compensation payments as well as potential criminal charges. If you were a victim of a copyright infringement you should always consider contacting an attorney that is familiar with these types of cases. An experienced copyright attorney will provide you the legal resources needed to fight for fair compensation for your claim.

One of the most common types of infringement cases in the U.S. are those pertaining to screen scraping and website content duplication. If you have found that someone has stolen content from your website consider the contacting them and make them aware of the duplication.

It is best to first contact a webmaster and request they immediately take down the scraped content from their website. In the letter you can give them a specific date (time frame) from the time you contacted the webmaster to take down the content. You should also let the webmaster or owner of the site that you will take legal action if they are unresponsive to your request. Copyright infringement is a serious problem and should be handled by an attorney. If you are considering filing a lawsuit because your work was infringed, you should always considering hiring an attorney.

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Guidelines to Avoid Copyright Violation in an Online World - Internet - Domain Names

Before stepping into the world of online market, choosing an appropriate domain name is one essential elements and the very first step towards launching a business in constantly evolving online world. The domain name bought by a company or an individual represents the organization or the individuals' specific interested section such as sports, lifestyle, etc. in the marketplace. Therefore, one must be precise while selecting or searching a domain for him/her or their organization because even a small copyright violation may trap you in a tiresome legal battle and turnout to be a game spoiler.

There are various factors associated with domain names which ignite the copyright violation crisis, which have resulted in enormous growth in copyright related issues as any company or an individual can copyright any name, symbol, word, or device which differentiates and classifies its products and services from another company competing in the same or different segment. A breach of the copyright act while registering a domain might result in losing that specific domain name and can also make the one or the company to pay the penalties imposed by the court in specific cases.

In an online market obtaining a domain name of one's own choice, doesn't permit him/her to have the exclusive rights over it because if anyhow it contains any trademark name in the entire spell, the registered trademark owner may file a lawsuit to get hold of the domain back from you.

There are certain rules which if strictly followed can save one or the organization from falling into any copyright violation trap while registering a domain.

The foremost step before registering a domain name is to search the trademark database to get the detailed list of registered and pending domains. Prefer and select a domain that resembles the company's or the individuals' commerce model and in order to defend, be well prepared with the reasons for using the name if in case a copyright violation battle approaches. It is advised to select more than one domain name with different spellings and different extensions, which will eventually let the buyer create his/her or the company's own brand. Don't select a domain name similar to another knowingly just to confuse the customers and guide them to your website, as this practice might get you trapped in the legal battle for copyright infringement.

Moreover, if one's or the company's desired domain name is already registered by someone else but does not displays any sort of contents on the landing pages of that specific domain, the interested party can explore the contact details of the domain owner to negotiate with him for it. This attempt might give the desired result as there are countless domain name owners, who register the domains with popular or keyword specific names not to develop a website to mark their presence in the online marketing world but to fetch good amount of money by reselling them at higher prices. However, before proceeding in this direction, a thorough search must be done to verify that the seller has the real ownership rights for that specific domain you are interested in to get by paying the higher price.

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The Basics of Copyrights: What Can Be Protected? - Law - Copyright Law

Whether it is due to the overwhelming opportunities available for publication in this internet age or a surge in American creativity, the practice of Intellectual Property Law has never been stronger, or of more importance. So for the upstart writer, photographer, musician, etc., the first question is what can be covered by a copyright?

The easiest answer is specific works of the following which are "original":

Literature,Poetry,Music,Choreography,Photography,Motion Pictures,Cartoons,Graphic Arts/Sculpture,Dramatic Works,Architectural Works

or any other similar "finished" product that is the creative and original work of the applying author. An example of a "finished" work would be a script for a screenplay which can be covered by copyright protection while a concept or "treatment" for one can not be covered.

Also, compilations or arrangements of non-copyrightable materials can be copyright protected if the arrangement or compilation is deemed to be both original and creative. For example various maps, forms, tables, calendars and directories are very often in and of themselves not eligible for copyright protection. However, a compilation of these types of materials that is deemed to be original and creative can be afforded copyright protection. Say a person wanted to create a visitors guide to Providence, RI. The maps, tables, restaurant names, bus schedules, etc would not be eligible for copyright protection individually. But as a creative and original compilation or "arrangement" of these materials this guide could qualify for protection under the US Copyright Act.

For specific answers to your questions regarding copyrights and intellectual property law, you are encouraged to consult a qualified attorney who specializes in this area of practice.

This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.

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The Basics of Copyrights: Exceptions to the Rules - Law - Copyright Law

As we have discussed earlier, "original" and "creative" works of various types are afforded copyright protection under the Federal Copyright Act of 1976. These works can include but are not limited to the following:

Literature,Poetry,Music, Choreography,Photography,Motion Pictures,Graphic Arts/Sculpture,Dramatic Works,Architectural Works

These copyright protections commence from the moment the work is created and "fixed in any tangible medium." This means that a work does not need to be published to be protected, merely saved in any form or format. This affords the author, artist or creator of the work to have exclusive right to publish, distribute, sell, lease or perform this copyrighted material.

However, as in most cases, where there are rules, there are also exceptions. Original works can be reproduced under what is known as the "doctrine of fair use". This exception allows for reproduction and limited distribution for such uses as criticism, news reporting, comment, teaching, scholarship or research. For example, a high school teacher who makes copies of a copyright protected poem for his or her students to read and comment on is not in violation of copyright laws.

Another exception in copyright laws is what is known as "Work for Hire." This exception applies when person or employer engages an individual or group to create an "original" work on their behalf while receiving compensation in any form. This affords the person compensating the creator to hold the copyright for the material for which they have engaged the creator. For example, had I hired another individual to author this article on my behalf and had compensated that person in any way, I would be the owner of this copyrighted material. When dealing with Work for Hire arrangements, I have always encouraged the employer to obtain an express written agreement signed by both parties.

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Copyright law encourages you to create more inventions - Law - Copyright Law

Everyone wants to be credited of his work. You feel disappointed when you know that someone else is making profit from your invention. The scientists will stop their researches if they are not sure of protecting their work. That's why many governments have made a copyright law, according to which nobody can steal your whole work or any part of it.

Copyright applies not only to scientific inventions but also to literary and artistic work. It includes like writing of novel, poetry, articles, music video, film, etc. copyright law demands the original form of work. In other words it should not be stolen or copied. The owner has exclusive right over his work. The owner keeps full right over his work throughout his life and no body can breach it even till 70 years after the death of owner.

There is a misconception among many people that it is obligatory to register your work if you don't want it to be copied. So these people should know the difference between registered copyright and non-registered copyright.

So you get protection of non-registered copyright as soon as you publish your original work. Of course this work should be in concrete form because ideas are not copyrighted. If you idea or script of film in your mind then you can't get it copyrighted.

If you get your work registered, then you make public known that you have created it. Moreover you can claim statutory damages if some one infringe in your creation. You should know that damages can be claimed even without registration. Registration also protects your design from international breach.

There is no such thing as international copyright which protects your work from international infringement. But, there are many countries who are member of Berne Convention and the Universal Copyright Convention which let you protect your creation throughout the word.

But there are some exceptions of copyright law which include fair use of material. For example if someone criticize your novel or article in newspapers, then he can excerpts some part or one specific paragraph or one line from your article and can publish in newspaper. It comes in the fair use because he has exclusive right to speak in against or favor of your novel.

There are some companies which help you registering your creation. If you do it yourself then it may be very time consuming. The company gets your work done so easy that you don't need to leave your home once.

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Avoiding Trademark Infringement When Choosing a Domain Name - Internet

Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is 'available' that it truly is. This is not necessarily so. Even if a domain name is physically available, it may not legally be open for use. Why? It's because there might already be a company that has the rights to the keywords used within the domain name.

If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it through a domain name arbitration proceeding. They could even be charged with trademark/copyright infringement if things get really ugly. For this reason it's best to make sure the keywords used in a domain name aren't protected for someone else. This article will explain how webmasters can make such a determination.

First, webmasters need to check and see if their chosen domain name resembles any existing trademark that is on the books. They will want to do this before actually investing any money in the domain name. To search existing trademarks, webmasters can visit the website of the U.S. Patent and Trademark Office which is USPTO.gov. From here they can search a database that contains current trademarks as well as those that are pending.

If a domain name is similar to a registered or pending trademark, webmasters need to evaluate whether the domain name is still worth taking. Usually, if a site is not selling the same types of merchandise or services that the other business is selling and the trademark is not popular, a webmaster probably won't get into legal trouble if they decide to go on and register the domain name. To be completely sure, webmasters can run the domain name by a trademark attorney. It shouldn't cost too much for an hour consultation.

Of course, if a webmaster would prefer zero percent risk, they can simply try to think of another domain name. When they go about doing this, they need to be more generic and less creative in what they come up with. Using search engine keywords for a domain name is one such strategy. Webmasters can also look into using dictionary terms. If all else fails they can take a generic term and combine it with a term that is less likely to be taken, such as their first and last name.

Either way, once a suitable domain name has been chosen, webmasters should consider getting it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more legal power should another company try to take them to court. And since there's no shortage of domain name bullies, (companies that try to steal profitable domain names from smaller enterprises), a webmaster should use all legal avenues available to protect the rights of their business.

In conclusion, by checking whether or not a domain name has keywords that are part of a trademark, webmasters lessen the risk that they will have legal problems in the future. If there are problems, and a domain name arbitration proceeding does not rule in a webmaster's favor, they can turn to The Domain Name Rights Coalition.

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Gap Sues Gapnote over Trademark Infringement - Business

In a legal battle over trademarks to rival that of Skype and BSkyB, high street retailer Gap has decided to sue the social networking startup Gapnote, citing the latter intention to "deceive consumers and generate interest in its own social media and networking site".

It emerged that the clothes retailer has demanded the cessation of the use of the word 'gap' by the website, and that it concede the domain URL to Gap. The clothing store has insisted that the striking similarities between the two companies is potentially damaging to them, referring to the proximity of not only the word itself and the similar font used, but also of the goods and services offered under the Gapnote brand. With regards to the latter, this seems somewhat ill-informed.

Gapnote is a social networking site, founded in 2007 by a London based student. It's aim is to enable users to document the past and present, as well as communicating with future generations via the creation of a note. It is an online time capsule, providing a platform not only for the standard form of online social communication which occupies much of the average user's digital activity, but also to create living records directed at those still to come.

How then, that the services provided by Gapnote can be described as similar to those of Gap, a clothes shop, is bewildering. The belief that there is an imminent threat from the social media site for a brand so well-known and influential as Gap is simply unfounded.

To blatant appropriation of another recognisable brand by another smaller company for their own benefit is one thing, to threaten such a business with legal proceedings over the use of an arbitrary term such as gap is another entirely. Gap cannot claim a monopoly on the word; it existed before the shop, and will continue to exist when the shop does not.

This entire episode appears to be an example of a large company flexing their corporate muscle, ensuring that their financial success is in no way impeded. The branches of the Gap tree are protruding further from the trunk in an attempt to disguise any budding goodies which may be hidden at the roots.

In terms of online coverage, a search for 'gap' on Google UK returns no results for Gapnote within the top 100 pages, a note in itself indicating the sheer might of the clothing company over the social networking site. In fact, the very existence of Gapnote may even prove to be of greater benefit than detriment to the success of Gap in terms of search engine optimisation, with the appearance of Gap within the SERPs returned from a Google search on Gapnote providing extra opportunity for further Gap traffic.

It seems that the high street brand are keen to bridge the gap between copyright infringement and the incidental usage of words by different companies. The bridge must be built on the evidence of the likelihood of confusion between the brands, without which any hopes of exterminating the Gapnote threat will falter.

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Who Owns The Copyrights Of A Logo Created By Free Web 2.0 Logos Maker? - Web Design

If your wife asks you to mend the washing machine knowing the fact that you don't know how to mend it then what will you do?

Same is the case with free web 2.0 logos design maker. If you don't know what is the art of making a corporate identity then how would you be able to come up with one even if you are creative and genius. The problem here is that you are not properly trained for this job.

Undoubtedly these logo makers are very easy to use as they guide you in step by step fashion and you may even like the end results as well but do you know what are you doing with your business?

You are simply sending it down the drain for these makers have thousands of disadvantages associated with them. For instance; you are not the only one who is using this maker so chances are that you might end up on a design that looks similar to that of your competitor. What will you do then? Will you go there and claim your rights? No!

Because nobody owns the right of such brand marks which are created from free generators. Do you want to be like Apple's company which often sues different companies claiming that they have copied its logo? Here is the list of those companies:1-Wools worth 2- Victoria school of business and technology3- Big apple 4- New York city

You must be thinking that Apple is being over conscious and over sensitive about its brand mark identity but I think that's the power of copyright. They have the right to claim anybody who is copying their corporate identity and they are very proud of that.

Getting back to the main topic of our discussion..

I have given you Apple's example that if you will get your corporate identity with the help of these free graphic picture generators then you won't be able to claim your rights. Thus, you will have to stay like this forever.

People are very much attracted to these makers due to the "FREE" feature associated with them because nobody in the world want to spend his hard won cash on anything especially when it's about such a small piece of graphical representation.

Free makers often deliver web 2.0 logo tutorial to the people so that people can easily come up with a brand mark identity but still they forget the disadvantages it can bring in for their business. The greatest one which we discussed above is copyright infringement issue. You cannot claim your rights because no one has the right of corporate identities created by these free options rolling over the internet like anything. You can therefore, opt for a professional person to get your corporate identity done so that you can also sue someone for stealing your idea like the way Apple does every once in a while.

Therefore, think twice before opting for such free options which will give you nothing in return except problems.

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