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Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain.

Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. 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 directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? 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! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law.

Copyright Music Infringement Copyright Music Infringement is Not Preferred Method for Music Lovers In recent years, copyright music infringement has seen an unprecedented leap in scope and scale. This is largely due to online services that allowed unchecked file sharing among their subscribers. While this abuse of copyright is not by any means limited to music, this is where the most profound effects of file sharing have been observed. Industry giants of file sharing are cropping up left and right with the demise of the pioneer for illicit file sharing, Napster. The Recording Industry Association of America (or RIAA) has made copyright music infringement their primary cause to fight. They estimate that peer-to-peer file sharing takes around 4.2 billion dollars each year worldwide from the coffers of the music industry. I really cannot blame them that is a fairly large chunk of change. The problem with their estimates however is the assumption that people would actually buy every piece of music they download or that they aren't buying the music they would have bought at any rate. While I by no means condone copyright music infringement or any other copyright infringement I do believe they are overestimating the damage to the industry that is being done by these file-sharing programs. One of the primary arguments that the RIAA is using in order to, hopefully, discourage people from not supporting their favorite groups and artists by buying their recordings, is the fact that new and struggling bands are less likely to continue making music because it will no longer be profitable. The bulk of musician's incomes are the result of royalties, which depend entirely on the sales of their albums. The RIAA is using the legal system to back them up by taking the fight to court. Recent claims made by the RIAA include one rather controversial claim that people ripping CDs they have bought and paid for does not constitute fair use because CDs are not "unusually subject to damage" and that if they do become damaged they can be replaced affordably. This assertion has raised more than a few eyebrows and is giving rise to opponents of the RIAA who claim that the lawsuits and crackdowns against those presumed guilty of copyright music infringement are actually hurting music sales and the profits of the music industry. During the height of Napster popularity (the hallmark by which all file sharing seems to be compared) CD sales were at their highest rate ever. People were exposed to music and groups they otherwise may not have heard without file sharing. As a result of enjoying the music by these groups people went out and actually bought the CDs of the music they enjoyed. It's ironic that the very lawsuits designed to stop copyright music infringement have actually managed to stifle file sharing enough that CD sales are dropping noticeably around the world. Opponents and critics also challenge that rather than being a source of copyright music infringement, peer 2 peer networks offer unprecedented exposure for new artists and their music. Another argument against the RIAA is that the real reason for the lawsuits against file sharer is because they want to keep the prices for CDs over inflated while keeping the actual royalties coming to the artists relatively low. The copyright music infringement claims made by the RIAA have become suspect. The music industry is currently working on ways where fans can legally download music. This will mean that fans have access to the music they love from their PCs and directly to their music playing devices without resorting to illegal copyright music infringement. The truth is that most people want to do the right thing and given viable alternative will elect to do so.