Copyright Free Music Resources

There are a lot of different musical components that you can get for free. Sound loops, drum beats, vocals, sound effects, sheet music, ring tones, and even entire songs. These can be valuable resources for an aspiring musician who doesn't have the money to drop on libraries or a record label to provide these tools. Let's go over these in a bit more detail.

The main components of a song are an intro, pre-chorus, chorus, bridge, collision, vocal run, instrument solo, outro, and breaks. All of these elements that go into song making can be constructed from the copyright free music resources listed above with the exception of instrument solos and vocal components. It is entirely possible to make a complete song with free materials. So, don't underestimate the value of these materials.

However, when looking for these free song elements you should be aware of a few licensing terms. If something is copyright free or in the public domain it means you can do whatever you want with it. Creative commons means that the author is retaining some ownership and you'll need to read the specific terms but usually they're pretty open if you give them attribution. Royalties are when you have to pay for every use of a given work. Therefore, royalty free simply means you won't have to pay after an initial licensing fee. Then of course there is copyrighted which means you'll need permission or have to pay to use something.

There is a lot of free material out there so start looking and save everything you can. You never know if you'll need something in the future that is no longer available. Always save the things you find and build up a library of musical components. Recording studios and labels have hundreds or thousands or even millions of sound samples and effects at their disposal but that doesn't mean you can't do well with a few thousand of your own.

Why is it So Important to Copyright Your Work?

Anyone working in a creative industry will be fully aware of the pernicious extent of the crime of copyright infringement. Anyone who has been victim to such activities as plagiarism will know that it is a crime that affects the victim in a way not dissimilar to being burgled. Creative workers often put a lot of their emotion into making their work as enjoyable for the reader, viewer or listener as they possibly can, and to see someone else get credit for something into which you have put blood, sweat and tears is as galling as you can possibly imagine. It is worth taking every step possible to protect your work in such cases.

In recent years there has been a boom in the Internet-based pursuit of making images using PhotoShop in order to create a satirical image or a parody of something in the public eye. The amount of work and creative intelligence that goes into such images is variable, but in many cases the feedback given to such images puts it very firmly in the camp marked "creative art." These images have proven to be so popular that communities have built up to showcase them, and this has attracted the attention of other areas of the media, including printed magazines and newspapers. It is not unheard of for these publications to take the images and compile them into a story. Although this could ordinarily be considered to be a positive for the creators - recognition is good for any artist - it is not quite so simple.

The standard practice where these works are concerned is to reproduce them without giving any credit to the person who created the image. This is all the more prevalent because the people creating the images often work under a screen name which gives them a level of anonymity. Proving the work to be theirs is often far from simple. One solution to this is to "watermark" your images. Often, however, the watermark needs to be placed on the fringes of the picture in order to keep the integrity of the image. In cases like this, newspapers have been known to "crop" the images, thus removing any identifying watermark.

In many ways, the crime of plagiarism is like every other premeditated crime - as soon as a new way of combating it is discovered, the criminal changes their tack and finds a way around the problem. This has led to a number of frustrated artists, seeing their work getting the recognition it deserves, but with the credit going to a corporation who had nothing whatsoever to do with the creative process. There are also issues surrounding media appropriation of popular trends, which can lead to a loss of overall quality control and damage being done to the art form. A lot of thought is required if plagiarists are to be thwarted in their efforts to pass off other people's work as their own. It is to be expected that this will include the artists becoming more aware of, and more prepared to exercise, legal solutions to the problem.

A Look at the Three Strikes Plagiarism Rule in Your Children's School

Why are so many kids cheating these days in school? Are they under too much stress to succeed, are we teaching them the wrong way, are they just bored, pissed off and don't care? Or is it their role models taking steroids in sports, business men involved in fraud or our political leaders who lie to us to get the votes? Worst of all, since we draw on society for all these jobs and other jobs like policemen, military, government workers, etc, soon these kids will be adults and will they thus, still be cheating then?

What is wrong with our society? And speaking of cheating most kids now go onto the Internet and lift someone else's work, plagiarize it, and turn it in. They are doing this in grade school, junior high, high school, college and many go on to do important research and cheat there too? Some schools and colleges have adopted a "Three Strikes Rule" for plagiarism, and yet one has to ask why?

Why grant kids 3-strikes?

Why not kick them out of school on the first strike, or offense, or suspend them from school the first time, and if it happens again "See Ya" you can never come back and you forfeit your tuition. Personally, as a writer I am constantly contacted by professors and teachers across the country asking me about something I wrote to make sure I actually wrote it, because some student swears they did not plagiarize it. We have copyright laws in this nation, and they ought to apply to everyone. Please consider this.

Finding Copyright Free Materials

Finding copyright free materials depends on which media you're looking for. The best way is to make the material yourself if it happens to look like copyrighted material you will need to change it "enough" to be legal. You can search for copyleft materials though they are rare compared to materials that have an unknown copyright status. Materials that have a copyright mark on them can sometimes be contested if the image or media is universal and is being used by everyone everywhere. You could say a negative of an image is its complete opposite though sometimes people copyright the negative.

You can take an image and mirror it and then change the colors and place another image over it and it would be so different that it would no longer be the original image. As for audio it is more about the length of the audio and a recognizable voice and instruments or playing styles. You can warp the audio enough that it is kind of funny. Many times you can call the owner of the image and ask for permission to use the media. Discovering archives of work that is by unknown authors or work by this "anonymous" guy you can argue that it is impossible to get permission to use the work cause the author died years ago and did not leave the work to anyone else.

The one thing that is important to note with this is what the license says about derived works. If the source comes from their work then they still maintain rights over how it can be used. Some people still require permission to use their files.

When you copy something it is good for that thing as it will reach more people and promote that things existence. Any political messages can usually be copied safely because the authors want them to be copied. You can also edit things in a way that changes the context significantly enough to create a completely original work even though it looks the same you would never see something like that in a place like this or other such methods.

How to Copyright

Copyrighting, or protecting a written or recorded work as an author is much easier than it sounds. The Library of Congress has forms that can be completed on their website and sent in electronically with a fee to obtain a copyright. Whether it is a book, college thesis, music or film recording, or syndicated column, a copyright can be purchased to protect an author's intellectual property.

Owning a copyright grants certain rights to the author. For example, a copyright holder grants others permission to reuse intellectual material for personal use. The law does not however allow any reprinted material to be resold for profit, such as a homemade DVD or other video taped from the original source. Schools and other institutions that may require an individual to make copies for distribution through xeroxing to students or other individuals must also make sure that no money is received in return, or that the copies appear in another publication without permission of the original author.

After logging onto the Electronic Copyright Office on the Library of Congress site, a short registration form must be filled out before the online copyright form can be accessed. Once registration is complete, then a copyright application form can be filled out. Payment is next which can be made through a major credit card or electronic check. Lastly, the work being copyrighted can be uploaded. A link to the types of files that are readable by the Library of Congress electronic office is provided. Files for documents, data, images, audio and video are included in this list. The basic copyright fee for an individual work costs $35.00. A notarized copy of your copyright certificate is sent to you approximately two to three months after you send your application in.

Intellectual Property Rights and Code Writers

"Large streams from little fountains flow, tall trees from little acorns grow", most great Internet ideas start small from somebody's garage or front room. It is important to remember that what seems to be just fun for you may one day become very valuable.

When suddenly your good idea becomes a great idea like Paypal, Ebay, Yahoo!, Netscape Navigator you then suddenly become a target for others who are in the same sapce or think they got there first.

The problem of who owns what does not seem an important one until suddenly your concept is valued at millions of dollars. It should be important to you from the outset. When commissioning developers ownership of the intellectual property rights in the end product should be very specific. The developer will be writing the code using its tools, software and business methods. It may also be using third party software. So the developer may use its own methodologies, source code, object code, know how, trade secrets or inventions (whether or not patentable).

The client may not be entitled to the creative development process behind the developers work. The client will be entitled or should be entitled to the end-product. The client may be entitled to the object code underlying the creative work.

There is also the issue of the scrip code being secure enough to withstand the numerous attacks of hackers. The time where you simply put up a sleek looking website and start trading is past you now need to consider the issues involved more carefully.

Peter Adediran is a Web, Internet and Media Law Specialist for small and medium sized business. He has been practising Internet Law since the 90s. As well as writing one of the first text books for business managers on Internet Law he was Professor of Business, Law and the Internet at the European University in Barcelona.

Copyright For a Website - What You Need to Know

The question often arises whether or not placing a copyright notice on one's website is sufficient to protect against third party infringement. While placing a notice is better than not having one at all, it is important to recognize that the protection truly lies in the enforcement of one's copyright. Therefore, the best way to stop someone from infringing your copyright and/or recover damages and attorney's fees for such infringement, is to file a copyright with the United States Copyright Office. When filing a website copyright, there are several considerations. First, it is important to remember that the requirements for a website copyright are no different than those requirements to have any copyright. Namely, one must create and fix in a tangible form the website in order to be entitled to copyright protection. Unlike other copyrights pertaining to text, a photograph, a computer program and the underlying source code, a music recording, or some other material, websites often include all of these types of material. As such, when drafting the copyright application, using Form TX, it is important to specifically identify for what you're claiming protection.

In addition, those seeking copyright protection often overlook the fact that a filed copyright pertains to exactly that which was filed. Therefore, when an update is made to a website, ideally a new filing should be made. While a copyright for the original website may offer significant leverage over an alleged copyright infringer, ensuring that the exact copy of the website and material contained therein is subject to a valid copyright registration with the Library of Congress, you will be in an even stronger position to enforce your rights and qualify for statutory damages. While filing every day in order to protect your online work may not be an option, it is often recommended that a filing should occur upon redesigns and major updates.

Finally, filing for a copyright for a website does protect the website and offer some protection to the content. However, having individual copyrights filed for that content, such as a particular photograph, image, or other copyrightable work, is advisable so that there is no question about confusing similarity if the alleged infringer uses only a portion of your website. Ultimately, filing for a copyright is a relatively inexpensive process and one that can lead to more successful enforcement of your intellectual property and a greater return on investment should you seek damages for that infringement. The ability to pursue a copyright infringement action in a federal court is dependent upon you having registered or attempted to register and been refused registration with the Copyright Office. Therefore, if you are going to look to protect your exclusive rights to distribution, display, reproduction and any other rights, filing for a website copyright is worthwhile.

Vicarious Copyright Infringement - Who is Controlling Who?

Many are familiar with the claim of direct copyright infringement. In fact, people may also be aware of the indirect claim for contributory copyright infringement. However, a cause of action that is overlooked at times and one that should be considered where appropriate is worth discussing. A claim for vicarious copyright infringement requires three elements.

First, there must be a direct infringement by a primary party. This first element essentially requires that a valid direct copyright infringement action exists. Put another way, there must be allegations that the plaintiff owns a valid copyright and that the defendant has copied that copyright.

Second, there must be a direct financial benefit to the defendant. Such things as additional customers, increased revenue, or an increase in user base is likely to satisfy the second element. Third, and finally, is the right and ability to supervise the primary infringer on the part of defendant.

This third element really comes down to control. Similar to an employer-employee relationship, a court will evaluate the extent of control that the alleged vicarious infringer has over the primary infringer. Such things as directing actions, monitoring conduct or performance, and the ability to prevent a particular type of action will help dictate whether or not sufficient control exists so as to establish the claim.

Ultimately, understanding the copyright ownership, who uses the copyright, who derives benefit from the copyright, and other potential parties affected by the copyright will be critical in determining whether or not a valid claim for vicarious copyright infringement exists.

Contributory Copyright Infringement - How to Know When it Applies

In order to properly plead a cause of action for direct copyright infringement, a plaintiff must plead ownership of a valid copyright and be able to show that the defendant copied a protectable expression or violated another right of copyright. However, just because a party was not a direct infringer does not mean that it does not have liability under copyright law.

Contributory copyright infringement is an indirect type of infringement. In order to establish such a claim, one must allege that the defendant had (1) knowledge of the infringing conduct by a third party and (2) induced, caused, or contributed to that infringing conduct. Thus, one must be able to establish the two elements of knowledge and, as the name of the claim itself suggests, contribution to the infringing conduct. Keep in mind that it is insufficient for one to merely have contributed to the general business of the infringer.

Rather, in order to be held liable for contributory copyright infringement, one must have materially contributed to copyright infringement, which has oftentimes been held to mean some sort of assistance that bears a direct relationship to the infringing acts of the direct infringer.

Just as a direct infringer of copyright is liable for either actual damages and profits of the infringer or statutory damages, one who has committed contributory copyright infringement may also be subject to the same types of damages. Therefore, it is critical that all parties' involvement as it relates to the infringement is evaluated in order to enable decisions to be made as to what types of claims may be actionable.

History of Copyright Laws

Originally, authors, journalists and individuals involved in printing and publishing found a specific need to protect their work from unauthorized copies. This began nearly from the early days of printing presses. Thus, legislation was first passed in England during the 18th century which confirmed the right to retain ownership of original works and required permission to make copies. Hence, the name "copyright" came to be recognized as the right of writers, musicians, photographers and all proprietary drawings, i.e., maps, engineering and architectural, as well as many scientific formulas, hi-technology and recordings to retain full ownership if their work held a copyright.

Historically, prior to copyright laws, valuable documents and literary works could be freely copied, altered or reinterpreted without the consent of the original author. Authorities pursuing legislation based their opinions on natural laws of ownership in conjunction with the right to copyright their work and defined literary piracy in clearer terms. Huge profits were made prior to copyright laws whenever reprints were made. These profits often bypassed owners of originals.

Eventually, in 1886, copyright laws were agreed upon internationally and reaffirmed again in 1952. Numerous disputes of ownership would have occurred in the earliest days of printing history without specific guidelines. At present, copyright laws clearly define rights and help avoid lengthy disputes. In addition, copyright laws also protect the consumer. Copyright laws vary in terms of copyright renewal, length of time a copy right applies and eligibility for a copyright. Copyrights can be transferred with permission of the holder of the copyright. Most professionals who create original works consider copyright an important step in establishing their reputations.

Protect Your Designs Through Copyrights

A copyright gives ownership to an invention, idea, design or any creation as an "intellectual property". Hence, no one can copy, steal or make profit of something with a copyright without permission from the owner. And with today's advancement in technology; designers, inventors and writers just to name a few lean on to copyrights to protect their hard work. It has been a global crusade against those who steal ideas and concepts and use them for profit-making.

You can have copyrights for many types of works, concepts and information within a specific period of time. Some of the things are softwares, logos, designs, photographs, movies, poems, music compositions and many more.

Same is true for designs for art works even for wall decorations or those found in your child's beddings. If these designs have copyrights, no one should copy in any purpose. And if you are creating these designs, protect your designs and your talents as well through copyrights.

Copyrighting your designs

Do not wait for someone to copy your design before deciding to copyright them. Most people think that copyrights are for inventions and ideas only but this is extended to designs like those jewelries, websites or sculptured art works. As long as these things are tangible and your original creation, you can have its copyright and become your property.

Remember that your designs represent yourself as an artist and give you a trademark. You attract and gain clients through your unique and artistic designs. These are your main tools in achieving something big in any industry you are into since they set you apart from others. Hence, it is very important to own the copyrights of your designs - you worked hard to conceptualize those designs, thus nobody has a right to steal and copy your designs.

Copyright Owners

If you are a designer and working in a company, you must be aware of who owns the copyright. In history, there are many inventors that do not own the copyrights of their inventions but their company or the company that commissioned such work. There is a difference between, the creator and the copyright owner.

Let's take the case of Dennis DeJesus who created Disenyo Tiles, a wall decorating sculptured tiles. He was the one conceptualizing and creating the designs for the tiles but was in partnership with his friends. When he had the copyright for his designs - the company was placed as the copyright owner. And when he left the company, he no longer holds the copyright for his designs. So even if he was the one creating the designs, his old business partners can sell them or make profits without asking for his consent.

The moral of this story is that you must place yourself as the copyright owner of your designs. In effect, you can keep the copyrights of your designs even if you part ways with your business partners or from any company that you were once affiliated with. You created the designs; hence, they must solely be yours. Again, do not value your talent and skills by joining the crusades of copyrighting designs and other works.

Copyrights and Trademarks Explained

A copyright is a seal issued to an author of an original piece of work including, books, magazines, music, poetry, pieces of art, television shows and a lot more. A copyright protects this property from being claimed by anyone but the original creator or writer of the property. It protects the authors royalties from being claimed by anyone else.

The copyright law applies to a copyright work and the owners protection. A copyright holder can sue anyone who takes his or her copyrighted work and uses it without permission. They can also sue if someone tries to take their copyright material as their own.

A trademark though similar to the copyright is different because it protects product labels and designs of a company from being used by anyone else such as the logo on your soda can. These laws help protect the works of others through unauthorized use allowing for lawsuits if someone were to use a copyrighted or trademark without the owners permission.

Copyright laws have been around since the mid seventeen hundreds. Protecting peoples work from others who might try to take it and pass it along as their own. Trademarks have been around in the United States since the late eighteen hundreds but much longer in other parts of the world.

Both the copyright and the trademark are both very important fundamentals for anyone who writes or creates original pieces of work. They give piece of mind that no one can come along and take any piece of material you create from you. It also gives you piece of mind that they can't use your material without permission.

How to Copyright - Common Law and Statutory Law Compared

It is widely misunderstood that one must file a copyright with the Copyright Office in order to secure a copyright. While acquiring a registration does indeed have its advantages, a registration within the Copyright Office is not required to secure rights. Instead, under common law, a copyright is automatically created when it is fixed in a tangible form for the first time. As long as it is an original work of authorship, you may claim ownership and protection and even place a copyright notice, including the "small c with a circle" symbol, on the particular work. Although a notice is not required any longer, should one desire to use it, it is important to follow the convention of using the © symbol followed by the year of the first publication of the work followed by the owner of the copyright and the work.

While creating and maintaining common law copyright protection is beneficial, the Copyright Act, a federal statute, provides additional benefits and protection rights to an owner. The most commonly recognized rights are the ability to sue within federal court, the ability to recover statutory damages up to $150,000.00 for willful infringement, and the ability to recover attorneys' fees. However, in order to receive these benefits, the copyright must be registered with the Copyright Office at the Library of Congress. While the time of filing for registration may affect which statutory damages are available, one must receive registration or be refused registration in order to proceed with an infringement lawsuit in federal court. Therefore, for a relatively small price, it is advisable to seek registration for all original works of authorship at the time of, or prior to, publication of the work. In addition, creating a public record of the work claimed, establishing a prima facia evidence of the validity, and other benefits make registration well worth the cost. With the ability to use online filing, there is no excuse for failure to register a copyright for whatever kind of work, including literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial graphic and sculptural works, motion pictures and other audio-visual works, sound recorders, and architectural works.

Ultimately, people must remember that as soon as an original work of authorship is fixed in a tangible form and published, a copyright exists. However, under statutory law, and practically speaking, having a copyright registration with the Copyright Office will provide the additional benefits and advantages should the need to enforce it arise.

Copyrighting Your Work is Work

There was an article in Digital Pro Photo magazine about the steps to follow if you think your copyright has been violated and how to proceed smartly. Basically it said "be reasonable" in your expectations. This not only will help protect your copyright, assuming you filed one correctly, but it will enhance your chances of having a judge find in your favor and not lose the whole judgment because of legal fees, etc.

This is a great article for budding photographers as well as seasoned professionals. And, it got me to thinking about my own copyright...which Margo Pinkerton (from the Barefoot Contessa's Photo Adventures) has helped me correct on my images. I've discovered that I need to do a lot of work on currently available images and that I have to steam line my work flow to make certain it protects my work in the future. A lot of work for certain, but what's the alternative. If, or perhaps when, someone accidentally or deliberately uses one of my images without permission I don't want to be left high and dry.

By the way, let me pass on Margo's advise on how a copyright needs to be written to be correct. There are three ways (without the quotes, of course):

• Copyright 2008 "Your Name"
• Copr. 2008 "Your Name"
• © 2008 "Your Name"

As it turns out Digital Pro Photo's website has a lot of good information, from back issues of the magazine, on the subject of copyright. Anyone interested might want to check it out.

Creative Commons Explained

Creative Commons explained in non-technical terms, is a licensing committee that allows people who create works of art to allow others certain uses for their work which can include the ability to edit or re use for either commercial or non-commercial purposes. As of right now there are four different levels of licensing that a creator can grant. And they are:

Attribution - This is most common of the four and this license allows users to make editions to the creators work. Usually there is a stipulation that the design by link stay in the footer of the page.

Share alike - Under this type of license any changes to the works must become licensed under the original license.

No derivatives - Doesn't allow any type of modification at all.

Non-Commercial - Means that works can be used for informational or personal purposes but not for any type of commercial uses.

These licenses can pretty much apply to a variety of different type of works, such web design templates, word press templates, movies, broadcast footage, and even some formal publications. You typically see these type of licenses on many of the template design sites and the creator will generally tell you what type of whether or not you are allowed to use the works in a personal or business setting. Additionally, if you are searching for clip art for the web page a lot of times, you will see that they have creative commons license as well, however the art work in this category is general non-commercial.

Copyright Law

What is a copyright?

A copyright is a type of legal protection afforded to creators of original works, including literary, musical, dramatic, choreographed, and architectural works, motion pictures, sound recordings, and works of art, such as paintings, and sculptures.

Copyright protection prevents another individual from copying, performing or using the piece of work without the express consent of the author or creator and establishes the ownership of the piece of work. Protection is available to both published and unpublished works. To be able to be copyrighted, a work must be original and must have already been written or recorded. This is because a copyright does not protect an idea or plan; instead, it protects the expression of that idea or plan.

Can a website be copyrighted?

Any original work or authorship appearing on a website can be protected under copyright law. This may include any text or articles, digital artwork, photographs and animation to appear on the website. Because a website cannot be sent to the Copyright Office in the mail, the procedures for registering the contents of a website are different than a standard document or photograph.

A key aspect of a website that cannot be copyrighted is the website's domain name. Responsibility for domain names falls under the jurisdiction of the Internet Corporation for Assigned Names and Numbers, a nonprofit organization located in California that has assumed the responsibility for assigning domain names by means of accredited registers.

Who can obtain a copyright?

Copyright protection exists from the time a piece of work is created. A copyright is obtainable by the author or creator of a piece of work or, in the case of work made for hire, the employer or contractor.

The authors of a joint piece of work are co-owners of the copyright unless there is an agreement to the contrary. Mere ownership of a piece of work does not give that owner the copyright. Transfer of ownership does not automatically transfer the copyright to the individual who received the piece of work.

While minors may claim a copyright, many state laws regulate the business dealings involving the copyrighted work own by the minor.

Copyright, Patents and Trademarks

If you've written a book, started a business or have a really great idea for a new invention, you might have some confusion about whether you need a copyright, patents or a trademark to protect your rights.

If you have an original written document, such as a story, poem or article then you would be granted a copyright. Patents are for physical and/or conceptual inventions; and trademarks will protect a business logo or slogan, or a character. It is worth noting, however, that you cannot copyright, patent or trademark an intellectual idea, an existing English language word or idiom, or any property that too closely resembles someone else's copyright, patents or trademarks.

Artwork also would receive a copyright. Trademarks would be needed only if that artwork was for a business application such as a corporate identity (logo), or a character created for a work of literature, art or media, or for advertising applications specific to a company or product.

There is no such thing as a "copyright patent." Patents are an entirely different application of protective law. A patent is used to protect a physical product, or the concept or plans for a physical product or invention. Patents don't automatically give you the right to create this object, but they do limit the ability of others to create or profit from this concept in the U.S.

Depending on whether you are applying for a copyright, patents or a trademark, there are some different processes that you will go through. When you create a work of literature or art, you are granted full copyright protection and no further action is needed. However, proving that you own this property is another thing entirely. You can copyright your work through the U.S. Copyright Office, which currently costs $45.00 per work for full Federal protections. Though sending your work to yourself through the mail in a sealed, postmarked envelope will work as well. Just remember, don't ever open that envelope unless you are needing to defend your copyright and are standing in front of a judge in court, an open envelope will prove nothing.

If you have described an invention in words on paper that does not mean you need a copyright. Patents will need to be awarded by the U.S. Government in order for you to be protected under United States Patent Law. Getting a patent is fairly straight forward and unless your product is contested or complex, you may not need to hire a patent lawyer. The longest and most expensive part of the process can be the patent search. Before a patent can be awarded, the U.S. Patent Office will need to conduct a patent search for similar inventions. The amount of time a researcher must spend looking through records will generally determine the cost of your search fee.

It is important to note that copyright, patents, or trademarks awarded in the United States are only for protection in the U.S. and its territories, and places that have agreements in place with the U.S. Depending on your project, additional copyright, patents or trademarks may be desired.

Copyright a Logo

When deciding to protect your logo or design it can be a bit confusing trying to decide how to protect it. After all, your logo is basically the face of your product line or your services so it makes sense that you'd want to do the right thing when it comes to ensuring that you have exclusive rights to it.

The question is should you copyright your logo or trademark your logo? The answer, surprisingly, may be both.

The US Copyright Office states "copyright protection may be available for logo artwork that contains sufficient authorship." What does this mean exactly?

Each logo or design is going to vary from the next in regard to being eligible for copyright protection, of course, but the key to understanding is learning what is meant by "sufficient authorship." Logos or designs that fall into any one of the two categories are not eligible for copyright protection:

o "familiar symbols or designs," e.g. the peace sign, a single arrow, a Latin cross, etc.
o "mere variations of typographic ornamentation, lettering or coloring," e.g. text in Times New Roman font, Text Using Only Sentence Case, text in purple

An even easier way to think about is to ask yourself one question about your logo - was there any creativity involved at all in designing the logo? If you're using a symbol you found in Microsoft Word or in a clip art program, then no. If you're using a logo you or someone else designed for you that contain a degree of creativity and/or uniqueness of some form or fashion, then yes.

Even if your logo does qualify for copyright protection, do not assume it's the same as trademark protection. Copyrights and trademarks are fraternal twins - obviously related but look nothing alike. Copyrights protect the image itself whereas the trademark protects the image as it is used within the marketplace.

To protect your logo IN CONNECTION with your product line and/or services, a trademark is the way to go. The purpose of having a trademark, be it for a name, logo or slogan, is to obtain exclusive rights to the mark within your particular industry. This ensures that there will not be customer confusion when it comes to your goods/services and another within your industry.

Filing a trademark for a logo is similar to filing a trademark for a name. Comprehensive research is likely needed to ensure that the same or similar design is not already filed. I know what you're thinking - I know my logo is unique OR I paid for my logo to be designed so I know no one else has it - we hear that a lot. The one thing to always remember about trademarks is that the mark need not be exact to another. If there's a chance for customer confusion, it can be a problem.

Can You Profit From Public Domain Works?

This article will discuss three ways YOU can profit from public domain works. Public domain works are those artistic works: books, art, music, etc. that are no longer protected by copyright. Once the copyright is no longer valid, the works pass into the public domain and anyone can freely use them for fun or profit. The criteria for determining when a work is in the public domain varies from country to country, but is specified in the copyright law for each country. The specifics for U.S. copyright law is a subject for another article.

For our discussion, we are going to assume that you have already determined that a work or works in which you are interested in using is no longer under the original copyright restrictions. The ways in which you can use these works and profit from them readily fall into three common categories, and would apply to all media; books, videos, artwork, and photos.

I emphasize in this article only printed works such as books. I am sure that you can find other ways to use these works, but these three seem to be among the most prevalent.

1. Republish them. One of the most frequently used methods for utilizing these public domain works is simply to republish them in their original form. A good example of a book that has been republished by several publishers is the original first edition of Think and Grow Rich by Napoleon Hill. It was published by The Ralston Society in 1937 and is now out of copyright, freely useable by anyone (including me and you). I have several copies of Think and Grow Rich on my shelf at home, but in this case it should be noted that only the 1937 edition mentioned above is in the public domain. So, make sure that whatever work you choose to republish is not still under copyright.

2. Update or modernize the work. Since most works out of copyright were written several decades ago (and some over a century ago), they are ripe for updating. The message may be as appropriate today as it was when written, but the writing may be a bit archaic or the illustrations inappropriate to our time. As a Man Thinketh by James Allen and The Science of Getting Rich by Wallace D. Wattles are two such works. Both have been utilized as a basis for building internet and seminar businesses based on their works and their concepts.

3. Use as a free E-Book to build a mailing list. For those of us who work or aspire to work in internet businesses, building a list of prospective clients or customers is of utmost importance. Yet there must be a mutual benefit for someone to let us into their life and become a part of our list. Offering a free E-Book for opting-in to a mailing list is a common practice. Public domain books, when appropriate to your anticipated audience, are ideal for this use.

Use your imagination and I am sure that you can add numerous other ways to make a profit from the use of public domain works. Good luck.

Copyright and Patent Attorneys

Patent and copyright law can be difficult for laymen to understand completely. That is why you might need the services of an attorney to help you fill out the paperwork that will protect your patented or copyrighted materials.

Copyright Attorneys

Copyright attorneys might focus on a specific type of copyright law, so it is important to find one that has considerable experience in the issues that impact you most. Some of the attorneys might practice copyright law for music, while others might focus on books, articles, and other types of writing. There are many different types of copyrights that protect the intellectual rights of those who own materials, so it is often best to talk to several attorneys to help you choose one that can give you the services that are best for you.

Patent Attorneys

Getting a patent for your idea or product is an important way to protect yourself from intellectual property theft. If you have tried to patent an idea or product on your own, though, then you have probably discovered how overwhelming and complex it can be. The paperwork alone is often incredibly specific and expects those filling them out to understand patent law. Obviously, most laymen will have a hard time appealing to the patent office without the help of a skilled attorney.

Like copyright, there are many different types of patent law issues. Some of the patent attorneys in your area might have a background in aerodynamics that can help you or your company get a patent on new aircraft products. Others might have backgrounds in chemistry, mechanics, or other subjects that helps them understand the patenting process for that specific type of product and idea. If you can find a patent lawyer who fully understands and appreciates your plans and ideas, then you might have found one that can help you.

Choosing Reliable Copyright and Patent Attorneys

Talking to copyright and patent lawyers can tell you a lot about how much experience they have, but you always have to consider the possibility that they are blowing their accomplishments and abilities out of proportion. If you do not know much about legal issues, then you might not be able to determine the differences between effective attorneys and those that just want to make more money off unsuspecting people in need.

One good way to determine if copyright and patent attorneys are reliable is to ask them for references. Even a small list of references can be a powerful tool because it gives you access to the opinions of those who have already used the attorney's services. If anyone should know how effective the attorneys are, it is those who have already hired them.

Finding Affordable Copyright and Patent Attorneys

Not all attorneys have the same skill level. Nor do they all charge the same price. You will want to get price quotes from the attorneys to help you determine which ones are affordable for your family or company. Balancing the costs with the available services will help you choose one that is right for you.

Immunity For Internet Service Providers Under the Communications Decency Act (CDA)

The rise of user-generated content (UGC) has been staggering over the last ten years. Often referred to as UGC, consumer-generated media (CGM) or user-created content (UCC), the concepts are all the same. A domain owner puts up a website which allows third party users to post content, video, pictures, comments, posts, biographies, and the list goes on.

What happens when a third party end-user posts defamatory or copyright infringing content on your website? On February 1, 1996, the United States Congress passed the Communications Decency Act (CDA) as an amendment of the Telecommunications Act of 1996. Under the CDA, an Internet Service Providers (ISP) are provided an exclusion from certain liability for information published by others. The computer service provider is afforded a certain level of immunity under law for information which originates with third party users of the service. Three factors are typically analyzed in determining whether or not a computer service provider is afforded section 230 protection. The first is whether or not the website owner is a provider of an "interactive computer service." The second is whether or not the allegedly actionable content are entered into the system by someone other than the website owner. The third is whether or not the website owner can be considered a publisher or speaker of the third party content. In determining whether or not the website operator can be held accountable for the third party content depends on the degree of involvement and the design of the software which allowed the actionable content to be uploaded.

If you are a blogger, website operator or other person allowing for third parties to publish information on your website, you need to make sure that you have the protection of Section 230 Immunity so that you are not held liable for statements or content published to your site by third parties. You should also note that Section 230 doesn't provide immunity from all claims. For instance, trademark infringement is specifically excluded from immunity. The CDA does provide immunity in cases involving defamation, fraud, obscenity, assault, harassment and other similar causes of action. It should also be noted that the CDA is a U.S. Statute and therefore applies only in the United States. Other countries may, or may not, have a version of immunity for website owners. The CDA does, however, preempt any state laws which may seek to impose liability where immunity is otherwise granted.

One common issue which arises is whether or not immunity is lost if you retain the right to approve or edit the questionable content. Currently, it appears that accepting/rejecting posts or comments will not preclude immunity from attaching. However, significant editing may cause you to earn the label "information content provider" which thus subjects you to liability.

Another issue which often arises is whether or not the content that violates your acceptable use policy must be removed from the site. The CDA does not impose an obligation to have an acceptable use policy. At this point, it does not appear that a violation of the acceptable use policy removes immunity from liability. The best way to protect yourself, however, is to have a solid acceptable use policy which applies to people who view your website, and those that submit information to it.

Copyright Information - Make Money With Expired Copyrights

There are a lot of ways to make money on the World Wide Web that a lot of internet users from different parts of the globe are currently engaged in different fields of eCommerce. They can be lucrative, well-known businesses or small yet manageable means of making money online. Any of these can be an option that the person can opt for to be able to earn on the sides aside from the normal 9 to 5 jobs that he or she are employed to every single day. For this article, the idea of making money through expired copyrights will be discussed as this is a possible though normally misunderstood sideline that people adopt when on the web.

If you have just been given an opportunity to make money through this kind of means and are curious as to how the job works, then this article is for you. Basically books and other kinds of works published online are marked with copyrights, which are intellectual rights that owners like authors, directors, photographers and artists exercise to claim ownership of their works that are made open to the public domain. There is a need to place such copyrights onto these works because many internet users have the knowledge and the skill to redistribute these works to different parts of the net, using their own websites for instance, and claiming them as their own. This is obviously a violation of rights for the owners of these works and, at times, a liability on the part of the ISP's or internet service providers. Not only are they involved in such cases (though without actual participation), the reputation of the company can be tainted because of lack of protection for their subscribers.

So if you want to make money online using other people's works, the best options are either to ask for permission from the creators themselves or use expired copyrights and domains to be able to make money without violating any copyright laws or misinterpreting copyright information. Here are some tips on how to gain copyright information and how to make money with expired copyrights:

o You have to remember that reselling expired copyrights go hand-in-hand with risks of copyright infringement. So before selling digital goods such as e-books, music, and the like for the public domain, you have to make sure that the copyrights of the book has already expired and has not been renewed by the author or owner of such works.

o Copyrights or patents of works normally have durations of 20 to 50 years in most countries, so you have to remember that any work in which their copyrights were bought 20 to 50 years before the current year are considered expired and open to the public domain if not renewed by the author. Once you are able to confirm that the patent has expired, then you can use these to make money.

o An example of the trend of the business: a book's copyrights have expired and are now open to the public's use. A person who wishes to make money out of this can do so by reusing the ideas of the book, adding more updated information to add flavor and credibility, and then selling it to his or her target market.

UK Music Copyright Law Basics

Confused about UK Copyright law in regards to music? Well, this article is here to help you understand about UK copyright law and expell some of the myths surrounding it.

How Do I Copyright My Music?

Once you have created a piece of music it is YOUR copyright, you just have to prove the date. To do this there are several ways such as giving a copy of the track to your lawyer. You can also post the track on a CD to yourself by registered post (signed for). Make sure that you have not only made an audio recording but also include your sequencer files as they will be dated by your computer also.

Do I Have To Register With MCPS/PRS?

No. A law was passed (in the UK) so that you can chose any person/organisation to represent your music and collect royalties. You can also do it yourself, collecting all the royalties and cutting out the middle man. However, collecting royalties and making sure that people aren't breaching your copyright can be time consuming if you become a big selling artist.

Can I Use Samples of Someone Else's Work In My Own Tracks?

No. You must not use anyone else work, no matter how long or short the sample is. Contrary to popular belief, samples under 15 seconds are NOT allowed under current copyright law. Also, even if you mangle the sample, its still illegal. So before sampling contact the owners.

There are tracks out there that you CAN sample, such as some tracks that have been released under certain open content licenses such as Creative Commons. But make sure that its ok by reading the license first as not all open content releases are available to create derivative versions of the works.

If you think its going be too much for you to get permission, there are sample clearance agencies that can do this for you.

Can I Create Cover Versions?

Yes and No. You can create the cover version, but you cannot distribute or perform the track without getting permission first. Usually venues pay a license for Copyrighted works of MCPS/PRS members music, but unfortunately not every musician is registered with MCPS/PRS. So make sure you know who they are registered with or if they collect their own royalties.

Copying it and distributing it is illegal without a license, so again contact MCPS/PRS or the original author before doing this.

Also, the same as remixes, there are tracks out their released under Creative Commons license and you may be allowed to create cover versions of the works. But, check the license before using the track.

What Is Creative Commons License?

A Creative Commons license is used for free material, including audio, and works alongside copyright so that you can set out the terms of the copyright to suit you. see creativecommons.org

How Do I Make It Clear My Track Is Copyright?

On every demo you send out be it via post, email or link you can put "© 2009 Your Name". Or you can put "Copyright Control" which tells everyone that the track is copyrighted, but has no publishers yet.

Can I upload DJ Mixes I Mixed Myself?

Again, permission must be sought from the original authors of the material you are planning on using in DJ Mixes. Some websites claim to be legal to upload mixes to, but you have to be careful and check whether this is true or not. If you are unsure of the websites legality, then do not upload.

However, tracks released under the Creative Commons license CAN be used in FREE mixes you upload to the net as long as you do not make any money from the mixes. Check the Creative Commons license for full details.

Can I Add Someone Else's Music To A Video?

Permission again must be sought to use music in your video's. Even if you are not making any money, you still have to get permission.

Hopefully you have now gotten to grips with basic uk copyright law. If not here are the main points:

1. Copyright belongs to the creator as soon as it is created

2. If you don't own the copyright, then you cannot use it without permission in any works

HOME :: Legal / Copyright How to Copyright Your Own Work By Mark Sanford Article Word Count: 490 [View Summary] Comments (0) Ads by Google Beginner

Recently, one of my articles was placed on a site without proper credits. It was brought to my attention by this site (EzineArticles.com). I had submitted my article to them for posting, when to my shock; they informed me that someone else was claiming ownership of my work! After contacting the potential plagiarizing site, my article was immediately given the proper credit with an apology from the owner of the site. It appears as though the owner of the site lets bloggers place what they will on the site without too much concern. He now knows just what a serious problem that can be and is taking steps to enforce blogs to respect author copyright.

This has happened before, which may be indicative of good writing content, but I won't laud my own work. Not too much anyway. What this does bring to mind is just how to copyright your own work. Copyright is an automatic result of anyone placing any original content on the Internet. Behold the key word - "original".
Proving originality can be difficult. This is why there are sites that will act as third party logistics and hold your copyrighted material until you need proof. The problem with these sites is that they charge between $150 and $300 and if they go out of business some years down the road, well you are just out of luck and the money paid.

So, my solution to this problem is to email your original copy to yourself, before submitting it to any site. Once you have your emailed copy, save it to a folder marked 'copyright'. You can open this folder at any time and select an emailed article to show proof of your ownership, since the mailers are time stamped and cannot be edited. The copyright folder also holds the time stamp of when you placed the article in the folder and you can snapshot ( simply press 'print screen' on your keyboard ) a picture of that for more proof, if need be. Just remember to take a copy of your article from the copyright folder when sending it to someone as proof.

This is a quick and fairly good copyright. It is not a legal copyright, but it is proof to any server that you are the original owner of the questionable material, since anyone else will not have a timestamp preceding yours.

The DMCA ( The Digital Millennium Copyright Act ) makes it mandatory that each server becomes the stopgap for copyright infringement. That is, they are responsible to police their clients and if they don't comply they can be held responsible in a court of law.

Copyright infringement is a felony; so don't let anyone steal your work. If Google or any advertiser finds out a site is plagiarizing other people's material, they will drop them like a hot potato! So, stand your ground and make sure everyone knows you are the author of your work.

Copyright Protection

It is absolutely essential that all screenwriters looking to profit from their work have an understanding of copyright law. If the legal procedures necessary to protect your work are not undertaken, it will be impossible to prove that your work is your own. Luckily, the proper procedures are easy to understand and execute.

The first fact about copyrighting that any screenwriter should be aware of is a piece of good news - the government is on your side. Under United Kingdom law, any original work is automatically placed under copyright as soon as it is recorded in any form. Thus, by simply putting your work down on paper, whether it be a screenplay, a treatment, or simply an idea, you are instantly protected under copyright law. The idea belongs to you, and it is illegal for any other individual to pass it off as his or her own.

That's the good news. The bad news is that unless you take further measures, it will be very difficult to prove that this work is in fact your own. For, even though it has been copyrighted, one must still obtain sufficient proof that he or she actually created the work in question.

What methods are necessary to obtain such proof has been a point of contention among screenwriters for years. One long-standing industry rumor claims that all a writer must do to assert ownership over a work is to, upon completion, send a copy to him or herself through the mail. This is false. In reality, further measures are necessary in order to officially register a work as your own.

Raindance offers such services to its members for free (20 pounds for nonmembers.) Once we receive your script or treatment along with your contact information, we can file it within our records, thus confirming your copyright. While this might seem like a tiresome and unnecessary chore along the path to your screenplay's success, I assure you that it is in fact crucial.

HOME :: Legal / Copyright Violation of Copyright Law - 1957 By Vijay K Gupta Vijay K Gupta Level: Basic I am author of Lexntech.com Article Word C

The Indian Copyright Law under the Indian Copyright of 1957 is the true manifestation of the Berne Convention of Copyrights, of which India is an active member. Moreover, India is also a dynamic member of World Intellectual Property Organization, Geneva. The act was put in place in 1957 by the government of India to protect the interest of pioneers and dreamers.

The Indian Copyright Law of 1957 bans the reproduction of a previously written artistic material or performance rights without prior consent of the owner. The law clearly states that the owner has the sole right on his copyright. The law not only protects works of art from 'theft' but also protects dramatic, artistic and musical works along with cinematography films and sound recording.

The use of 'available material' without sanction of author for personal profit is illegal and this act breaks the copyright law 1957. There are special copyright attorneys in India that can help you in the case of any possible violation. Violation of copyright law 1957 is an offense and is punished likewise. However there are some cases where the law cannot be enforced. If the theme is the same, but it is presented as a new work with no reference to the original one, there is no violation of the law.

You will get the best results if you take help, in case of any violation, of trained copyright lawyers. Moreover there are a number of agencies in India offering copyright services, and can help you in case of any breach of intellectual property. Many pioneers create a copyright management system in which they protect their online data using passwords and registration. However be careful that you hire a reputed Indian attorney for your work.

Startup Law 101 Series - Key Legal Rules For Who Owns the IP Relating to Your Startup

As a founder, you need to understand work-for-hire. Why? Because it determines who owns key IP in your startup.

Copyright laws protect creative works, including IP that you develop. When you develop IP for others, the work-for-hire idea affects who owns it.

How does it work?

Here are some guidelines:

1. You develop IP for your startup as its employee -- the IP belongs to your employer. Pretty basic. This is a classic work for hire.

There are gray areas but, if you create IP while doing employment duties for which you are paid, there is no ambiguity. All IP relating to such work automatically belongs to your employer, whether or not you signed any agreement relating to it.

2. You develop IP for your startup as a consultant and are paid for that work, but have no agreement in place relating to the IP rights -- it might surprise you to learn that the IP here would belong to you and not to your startup.

Why? Because the default rule under copyright is that the creator of a work owns the copyright unless (a) it is done as a work for hire or (b) it is expressly assigned under a contract to the other party.

Contractor work is a work for hire only if there is a contract identifying it as such and, in addition, the work falls within certain specified categories of types of work that qualify as works made for hire.

No contract, no work for hire.

No contract, no assignment.

Thus, with no contract specifying that it is a work for hire and with no assignment, the default rule kicks in to provide that you own the copyright to the IP you created even if you were paid for your work.

3. You develop IP for your startup as a contractor and are paid and have a work-for-hire agreement that contains no express assignment provisions in it -- again, perhaps surprisingly, you still would own that IP if it involved a software development effort.

Why? Because software development does not fall within the specified categories that would allow it to qualify as a work made for hire in the contractor situation.

Thus, to ensure that IP rights to software are transferred from the contractor to the startup, you will routinely find language in work-for-hire agreements that says, in effect, "this is a work made for hire but, just in case it isn't, the contractor agrees to assign all IP rights anyway."

4. Which brings us logically to our last case, that of the contractor who develops IP for a startup, gets paid, and does the work under a work-for-hire agreement that characterizes the work as one made for hire and that assigns all IP rights to the startup -- in that case, the startup owns the IP rights free and clear and you retain no rights to the IP.

How might these guidelines play out in practice for you as a founder?

We can assume that you would want your startup to own all its IP. What are potential problem situations by which the startup could face claims from founders or others that parts of the company IP belong to them separately, with at best only a license to use it extending to the company?

Let's look at some cases to see how the guidelines might apply when we strictly consider work-for-hire (for your specific case, see a good business lawyer.

You and your buddies are developing IP for a startup you hope to launch. There is no entity. Ergo, there is no employment relationship and there is no contract between you and any entity (nor, typically, between you and any other person) relating to your development work.

Quick quiz: who owns the IP rights to your work under work-for-hire principles?

Answer: you do.

No employment. No work-for-hire agreement. No assignment. Hence, the default rule applies and the person who created the work keeps all rights to it.

Let's assume your buddies paid you for your work in the case just cited.

Who owns the IP now under work-for-hire principles?

You would still own it.

The mere fact of payment changes nothing. For the rights to transfer, you need a work made for hire or an IP assignment. Without an agreement providing for either of these, the ownership rights stay put with you as the developer - even if you got paid.

Now let's take the same case and assume you are a developer working offshore, say in India. You have a software development agreement with a startup in the U.S. specifying that it is governed by U.S. law. That agreement has a statement of work, defines deliverables, a development timetable, and a price. You comply with all this and deliver the work to the startup. The agreement is silent on all other points.

Now who owns the IP under work-for-hire principles?

Yes, that's right, you, the offshore developer, own it. Payment or no payment, if it is not done as a work for hire, and if the IP rights are not expressly assigned, the startup gets only an implied use license and not ownership of the IP.

Let's shift a little.

You and your co-founders form your startup. You assign all IP rights into the company. Then, in the spirit of keeping things loose, you continue to work on the IP development after company formation without contracts of any kind and without setting up an employment relationship between the company and its co-founders.

Who owns the IP rights to the post-formation development work?

Yes, the founders do, individually that is. So if one of you bolts, the company may have a problem with its IP or may need to do a workaround.

Why so? No employment relationship. No work-for-hire agreement. No assignment. Default rule kicks in and the rest follows.

Let's look at one last case, the one where your startup does a work-for-hire development project for a customer.

Your startup has core IP that it uses in all its consulting projects. It contracts with Big Company X to do some custom development work. It signs the customer's standard form. That form says, "this is a work made for hire and, by the way, if it isn't, you agree to assign all IP rights relating to the deliverables to the customer."

Anything wrong with that?

Yes, there is plenty wrong, at least if you don't want to compromise your startup's rights to its core IP.

In such cases, the boilerplate language (which seeks to assign to the customer who is paying for it any IP that does not otherwise qualify as a work-for-hire) may have an unintended consequence: it potentially sweeps in, along with what is intended by the parties, the core IP that your startup uses for all its projects.

Oops.

As a founder, you need to be alert to the effect of such language. A simple carve-out solves the problem, assuming you catch it up front.

That wraps up our quick tour of some key legal rules for understanding who owns the IP relating to your startup. There are some obvious lessons here: if you as a founding team are drifting along without your IP rights buttoned down, time to get that situation fixed. Don't be slack on this. You might have to pay a high price if something goes wrong.

By the way, in all cases, in order for the contract to stick, a work-for-hire agreement or an express assignment needs to be accompanied by some payment of consideration to the person doing the work. This can be cash or stock or anything else of value. Don't neglect this vital piece.

A final caution: General guidelines will help you spot problem areas but you will need a good business lawyer to help you evaluate them. Gray areas and exceptions to the rules abound. When it comes to your IP, work with a good lawyer to do things right.

Understanding Copyright - The 3 Must Know Tips

The more I speak with people, the more I realize copyright is a topic that is still commonly misunderstood.

This article is intended to clarify some of the major questions about copyright so people can feel comfortable promoting their work to outside parties.

Tip 1: What is Copyright?

It only seems logical to begin this article by describing what copyright really is. In essence, copyright protects original works from being used without permission from the author or owner of the work. The reason for the protection is to encourage creators to continue with their artistic innovations, which positively impacts the economy.

Copyright is a set of exclusive rights granted to the author or owner of the work for a specific period of time. The rights granted by copyright include:
* producing or reproducing the work or any substantial part thereof
* permitting the reproduction of the work or any substantial part thereof
* performing the work or any substantial part thereof
* publishing the work or any substantial part thereof
* translating the work into other languages, or creating an adaption, such as a novel into a screenplay

The significance of these rights is that the owner of the copyright can control who uses their work. As a result, the creative integrity of the work can be maintained as the owner has control over its use.

Tip 2: How do I Attain Copyright Protection?

The beauty about copyright is that it is automatic the moment you put your original work into a fixed (tangible) form. When we refer to a tangible form it means the work has to be on something physical. In other words, if you simply recite your poem to someone, you do not own the copyright. However, if you write the poem on a napkin, or record yourself reciting the poem, you will own the copyright, and the rights that go along with it.

Although copyright is automatic the moment you put your work in a fixed form, it could still be very difficult to prove you are the original creator of the work. As such, it can be a good idea to create legal proof of your ownership through a copyright registry. Many countries run their own registries. There are also registries through various artistic guilds, or even online registries.

Tip 3: What Works are Protected by Copyright?

Different countries may classify their works slightly differently. As a general guide, copyright extends to original creative works. Below are some examples and the classifications of works that can be protected by copyright:

o Literary Works (lyrics, novels, computer software source code, plays, etc.)
o Artistic Works/Visual Works (architectural work, sculptures, drawings, paintings, maps, photographs, etc.)
o Musical Works (musical composition with or without words)
o Dramatic Works (films, videos, choreography)
o Sound Recordings (recordings of music, dramas, lectures, etc. It does not include soundtracks to audio visual works).
o Serials & Periodicals (newspapers, magazines, bulletins, newsletters, journals, periodicals, etc.)

Now that you know what is protected by copyright, let's take a quick look at what is not protected by copyright.

Copyright protects the expression of a work. The idea of the work itself cannot be protected under copyright law. In other words, one thousand people can write about the concept of copyright, and each of them would hold the copyright to their specific expression about the topic. In addition to ideas, other works not protected by copyright include: concepts, names, titles, slogans, factual information, themes, catch-phrases, methods, governmental documents, etc.

The Copyright Notice - 6 Reasons it Can Increase Protection of Your Work

To include the notice, or not to include the notice? A common point of confusion for copyright creators is whether they need to include the copyright notice with their work for copyright protection.

The good news for most creators is you do not need to include a copyright notice with your work to have copyright protection; and by 'protection' we mean the rights to produce, reproduce and perform your work.

In general, copyright protection is granted automatically upon the completion of your work in a fixed form. Having said this, there is some fine print one should be aware of, especially for works created in the United States.

Short History of the Copyright Notice:
Under the Berne Convention for the Protection of Literary and Artistic Works, which concluded in 1886, copyright protection is automatically granted for original works expressed in a fixed form (for example, a format that can be perceived, communicated and reproduced such as on paper, memory key, compact disc, etc.). There are over 100 countries who are signatories of the Berne Convention, all of which are listed on the World Intellectual Property Office's website. In addition, countries that are a part of the World Trade Organization have to adhere to almost all of the conditions of the Berne Convention.

The beauty of the convention is it harmonizes and sets minimum standards of copyright laws between the member countries. This has greatly reduced the risk for copyright creators when publishing their works internationally, as they will receive similar protection abroad as they would in their own country.

When copyright protection is automatic, as it is for all Berne Convention countries, you are not required to use the copyright notice to protect your work.

Now, the tricky part is for U.S citizens. The United States only joined the Berne Convention on March 1st 1981, which means any works published before this date may still require the copyright notice to protect copyright, unlike works published after March 1st 1989.

Although the Copyright Notice is Not Required, here are 6 Reasons it Can Increase Protection of Copyright:

1. The copyright notice tells the public that the work is protected by copyright law. Without the notice, someone interested in using the work might mistakenly think it is available for use without permission.

2. It helps identify the copyright owner which is handy if anyone needs to contact them regarding the work.

3. It provides the year of publication which can be important in determining the duration of copyright.

4. A copyright notice makes it much harder for an infringer to claim that they did not know the work was copyrighted. If the notice is not present, an infringer could use this reasoning in court and potentially be acquitted of the charges.

5. The notice might act as a deterrent for someone to infringe on the work. If a person knows the work is protected, they might be less likely to use it.

6. It's easier for someone to make contact to obtain permission to use your work when a copyright notice is present.

As you can see, even though having the copyright notice is not required, it's definitely a good idea to help protect copyright.

Copyrights Demystified

Copyrights

Many countries have implemented protective measures to curb violations in copyright policies. This is a way of protecting the original works both published and unpublished. The original works of artists, musicians and other literary authors are protected by means of copyright. The original owner has exclusive rights to reproduce copies and distribute the content.

Copyright can be defined as the authorisation given to the creator for a certain period of time. It pertains to any expressible form of a thought, idea or information that is discrete and fixed in a medium. Copyright in web is often misunderstood and dishonoured. This is merely because most of the bloggers are not aware of the rules which govern the copyright policies.

Before publishing the content, weblog owners should make a thorough study and guarantee that the content is lawful. There are many websites which provide information on various topics. Users should take the responsibility on the content published on their website and make sure it doesn't breach copyright laws.

Bloggers usually feel elated when a visitor visits their website. They feel the rush when someone leaves comments, link to their posts or read feeds. This usually means that the reader values the content published on our website. But there are visitors who steal our content and claim to be their own.

So to avoid confusion and impart good ethics on the copyright policies, we have quoted a list which explains the key principles, resources and important facts which govern the copyright policies on web.

Things to remember:

1. The User's content is protected under the copyright as soon as it is published on web. All web documents, images, source code, video, content are copyrighted by default.

2. This protection extends the lifetime of an author plus Seventy years and when it expired the work (content) becomes public.

3. There are no means to copyright an idea, especially the concrete ideas that are in your head. This is an article published on wikihow which tells you the procedure to copyright your idea. [http://www.wikihow.com/Copyright-an-Idea-](US). For instance, lifting the entire story of a plot would be a crime, instead you can borrow a single phrase if it is mandate to use in play. Copyright Essentials

4. Advertising protected content without the owner's approval is illegal. It is always safe to consent the owner before making it public. [Myths Demystified]

5. Manipulation of visitor's comments or deleting them should be avoided. Before allowing any user to comment on any site, proper rules should be framed to curb explicit comments through anonymous posts. [Important Blogger Laws]

6. It's always recommended to take the author's permission before translating the material. [What is Copyright?]

7. Avoid copying the whole article, when it is obligatory include a small portion in quotes to respect the author.

8. Copyrighted material can be used under "fair use" doctrine unless it has no commercial value.

9. Prohibiting copyrighted material doesn't remove the copyright violations. Even if we delete the content after breaking the rules still it is considered to be an offence.

10. Every thing created after April 1, 1989 is copyrighted and protected by default even if the material has no copyright notice.

11. Copyright is never lost! Unless the owner explicitly gives away his rights. There are few old websites which have lost copyright protection. They are still considered to be risky in usage without the owner's approval.

12. According to Berne Convention, the Copyright Convention is set for different media. A private content can go public... If an author dies, then his content can go public after 50 years plus his age. A photograph can go public after a minimum of 25 years from the day it was created and Cinematography has got a minimum of 50 years. This is applied to all the countries who have signed the Berne Convention.

13. Warning the visitors about the copyright violation will always fortify its protection. Apart from directly copying the content, there are many other ways to infringe someone's copyright. For example, selling illegal rips of copyrighted media on a website or recreating a movie clip with animation, can infringe copyright.

The Duration of Copyright Explained

Could copyright get any more complicated? There are so many factors that play into the laws governing each work, and determining the duration of copyright is no exception.

As a general rule for countries who are signatories of the Bern Convention (over 100 countries are members of this convention), the minimum duration of copyright is 50 years after the death of the author. Some countries, however, have chosen to increase this to 70 years after the death of the author.

Although there is a general rule of thumb, copyright duration can depend on any number of factors including: when the work was created, the nature of the work, the number of authors and whether they remained anonymous or used pseudonyms, and the country where the work was created.

In addition, the duration of copyright is usually calculated based on the authors, and not the owners of the copyright. In some cases, the author may sell their work so that someone else owns it. If this is the case, duration is still generally based on the author's life, and not the owner's.

Let's take a look at each a number of factors that can affect the duration of copyright.

When was the Work Created?

In some countries, the date of creation of the work may have a significant impact on the duration of copyright. For instance, in the United States, works created after January 1st 1978 have a different copyright duration than works created before this date. In the U.K, 1996 is a significant date.

What is the Nature of the Work?

A very important variable in determining the duration of copyright is the nature of the work being protected. Is it a literary creation or a musical creation? Is it an artistic work or perhaps a sound creation? Depending on what the work is will change the duration of the copyright protection.

For instance, for cinematographic works, the term may be 50 years after the making of the work. For photographic works, protection is generally 25 years from the making of the work.

How Many Authors Are There?

The general minimum duration of copyright for Berne Convention countries is 50 years after the death of the author. When there are multiple authors, the minimum duration will be 50 years after the passing of the last surviving author.

Are the Authors Anonymous or do they go by Pseudonyms?

The duration can become more complicated when the authors are anonymous or go by pseudonyms. Since we do not know when the author passes for anonymous works, the general rule of duration is 50 years from the date the work was made available to the public.

In the case where the author's identity is hidden with a pseudonym, the work may be protected for a period of 50 from the first publication, or 75 years from the making of the work (whichever is shorter). If, however, the identity of the author is identified, the regular 'life + 50' or 'life +70' rule would apply. Each country may have their own duration rules when it comes to Anonymous and Pseudonymous authors. For instance, the U.S. goes by the 95/120 rule where the duration is 95 years after publication or 120 after creation, whichever is shorter.

In What Country was the Work Created?

As discussed above, the nation in which the work was created can dictate differences in copyright duration. As well, according to the Berne convention's Principal of National Treatment, nations will give nationals of other Berne countries the same treatment as their own nationals. For example, a work created in Canada enjoys the 'life + 50' rule for duration. However, in the U.S, they will receive the 'life + 70' rule because that is the law dictated in the U.S.

5 Tips to Determine Who Owns a Copyright

The rights granted through copyright law are very important to the owner of the copyright. As such, it is imperative to understand who the owner of the work is to determine who actually has the rights.

Tip 1: Creator is the Owner

As a general rule, the creator of the copyright (the author) is the owner. When there are several authors involved in the creation of a work, all authors are considered co-authors. It is recommended you determine together, and agree in writing, what share of income from the exploitation of that copyright each of you will earn.

There are, however, a number of circumstances where the author is not the owner of copyright and is not entitled to the rights copyright provides. These situations are described below in Tips two through five.

Tip 2: Commissioned Works

If a work is commissioned, the copyright might belong to the person who is commissioning the work - and not the person creating the work. An example of this would be a bride and groom who commission a photographer to shoot their wedding. If the photographer held the rights to the photographs, then the wedding couple would not have the right to reproduce their photos. However, since the rights to the photos actually belong to the commissioning couple, they can make as many copies as they please to send to their friends and family.

Tip 3: Course of Employment

Another example where the copyright might not belong to the creator is with works created in the course of employment. For instance, if copy was written for an advertisement during the course of employment at an advertising firm, the person who wrote the copy would not own the copyright because it was written while performing their contract to the company. In other words, if the work was created under a "contract of service" as part of the terms of employment, the employee probably owns the copyright.

Tip 4: Transferring of Copyrights

In some situations, the owner of the copyright might actually choose to transfer the rights to another party through a contract. For example, a musician might transfer their rights to a song to a record label in return for a portion of the revenue earned for each copy sold.

Tip 5: Check the Contract

In many cases there will be a contract involving the creation. Always review the fine print to ensure you know who is retaining the rights to the copyright.

In all cases where copyright is concerned, it's important to understand who the owner of the work is to determine who holds the rights to reproduce the work.

What You Need to Know to Copyright a Song

I have many friends who are songwriters, and "How to Copyright a Song" is a commonly asked question. Let's put this question to rest once and for all.

The good news is copyright actually arises automatically upon an author's or creator's expression of an idea in an original, fixed form (for example, on paper, CD, floppy disk, etc.). In other words, if you write the lyrics to a song on a candy wrapper, it is a 'literary work' and you automatically own the copyright. Another example is if you write the lyrics and the musical notation to a song on a candy wrapper. This would then be a 'literary and musical work', and you would own the rights to both - assuming the work was original and not copied.

According to these examples, we can see it is very simple to own the copyrights to your songs. You simply create an original work and put it in a fixed/tangible form (i.e. the candy wrapper example).

The bad news, however, is unless you can prove you are the original creator of the song, you may run into expensive and time-consuming legal problems defending your work in the event someone copies your work. What this means is, just because you automatically own the copyrights to your song, you can't necessarily prove it.

Fortunately, there are a number of steps one can take to prove you are the copyright owner of the songs.

Firstly, and most importantly, you must put your song into a tangible form (for example, on paper, CD, flash drive, etc.). This is absolutely critical. If you do not have your song in a fixed form, you cannot prove that you own it.

Next, you should register your song with a third party that provides a time-stamped registration certificate. Do not rely on the 'Poor Man's Copyright Method' (i.e. registered mail or emailing yourself) because it is highly unlikely to hold in a court of law. The registration certificate supplied through copyright registries provides protection and proof against infringers, as it guarantees the day and time you submitted your song. It's best to register your work as soon as it is complete to ensure you have the earliest time-stamp possible, and to ensure no one can copy your work before it's registered.

Maintain a copy of your registration certificate in the event infringement occurs. This is a key piece of evidence used to help prove you were the original creator of the lyrics or music. Some online copyright registration services will keep a copy of your work and your registration certificate so you don't have to worry about it.

In the case where multiple people are involved in making the song, keep all documentation/contracts stating who contributed what to the project. This will be important should one member decide (illegally) that they want to sell the song or make their own copy and distribute it.

Disclaimer:
The above information is meant as a general guide to further your copyright knowledge and does not constitute legal advice. For questions about your specific song, you should consult a copyright lawyer in your country.

The Confusion Over Trademarks

Many people don't seem to understand the differences between trademarks, copyrights and patents.

It's an interesting world out there, full of signs, slogans, logos, books, artistic work, and too many other things to mention in a short article. But the main thing to know is that there is a distinct difference in what a trademark is, what copyright means, and what one does with a patent.

Trademark rights act to protect a word or logo as being "the" source for goods/services. E.g. Nike. The instant anyone says that word, we all think of running shoes and well, Michael Jordan. This is the true definition of a trademark. Now here is the interesting thing. You don't need to file for trademark registration to have common law trademark rights, but let's put it this way - if you don't file and someone infringes on those rights, you'd have a tough time enforcing them. So, it's best to be safe and not sorry, and file with the US Patent and Trademark Office.

Other things that registering will do for you is provide the "presumption" you're the trademark's rightful owner and gives you statutory damages against someone using your mark in bad faith. Once your "mark" is registered, you need to remember to always keep protecting it to keep your trademark rights.

The Copyright Conundrum

The easiest way to explain copyright is to say that if you create something and it falls under the definition of being a creative work, it's up to you who makes copies and how many copies. Of course, there are exceptions, and knowing what those exceptions are happens to be important.

At this point, it's usually smart to contact a lawyer well versed in this area, as this type of law has the potential to be extremely complex. By the way, you may sell or even license this copyright, or if you have done work for someone else, then they buy this right in advance.

The major difficulty is defining what constitutes a creative work. Legally, it has to exist in some tangible form - on paper, a disk or even written in stone. However, what it's written on isn't what makes it creative. To be creative, it can't be just straight factual data; that is where an easily understandable explanation usually ends, as there honestly is even an element of creativity to coding in computer language.

Anything you do that is classified as creative writing, creative editing, etc., is copyrighted. So the distinction is this: the facts can't be copyrighted, but a very clever and creative organization of those facts may be. This is referred to as compilation copyright. In short, this area may make your head spin, so speak to a copyright lawyer who has their head on straight and can outline what you need to know.

How Do I Copyright Music? The Simple Steps to Protect Your Work

Copyright law falls under the umbrella of Intellectual Property which also includes Patents, Trademarks, Industrial Design and Trade Secrets. Each one of these sectors deals with a different type of protection for various types of works.

When dealing with musical works, it's important to understand what constitutes a musical work before we can determine how it is protected through copyright law. The Canadian Copyright Act (for example) defines musical works as: "any work of music or musical composition, with or without words, and includes any compilation thereof."

Interestingly, not all "musical" works actually fall under this category with regards to registration. Some may fall under the categories of "Sound Recordings" or "Performers' Performances".

In order to establish which category your musical work should be registered in, you must determine exactly what you are trying to protect. Some examples of what may be protected include:

a) lyrics: protected as a literary work
b) musical composition in any format: protected as a musical work
c) a specific recording of a song: protected as a sound recording
d) if you are a singer, your specific recorded performance of a song: protected as a performer's performance

Now that you have determined which category your music falls into, let's look at how to protect the copyright.

A common misconception is that people need to pay a third party to copyright their music.
However - the exclusive right of copyright (including the rights to produce, reproduce, distribute and publish the work) is automatically granted under Copyright Law to the author of a work once it is put in a fixed form.

In other words, when you record an original musical composition that you created onto a CD, it is copyrighted and you own the rights. However, unless you can prove you are the original creator of the musical work, you may run into expensive and time-consuming legal problems defending your work in the event of infringement.

This is why registering your work is often recommended, especially in our digital era where music is often showcased on websites and accessed by millions of people.

What registering a copyright does is it creates third party time-stamped proof of the time of creation. As such, should someone infringe on your work, you will have a registration certificate proving your work was completed before theirs. Without the registration, it can be tricky coming up with acceptable proof that you created the song first.

For instance, let's say I create a musical composition and play if for a friend who is also a musician. They then (not intentionally) create a new song, and accidentally steal my melody. They finish their song, register it with a copyright registration service, and get picked up by a label. Even though I was the first one to make the song, it might be very difficult for me to prove that I played them the song before they made their composition if I did not first register the work.

As such, to build proof of your ownership (and to maintain friendships), it's generally a good idea to register your music before showcasing it publicly.

Disclaimer

The above information is meant as a general guide to further your copyright knowledge about music and does not constitute legal advice. For questions about your specific musical work, you should consult a copyright lawyer in your country.

Does Poor Man's Copyright Work For Songs?

Trying to copyright register your song through the mail is known as "poor man's copyright." The steps to this type of process include: creating an original song; putting it in a fixed form (i.e. music notes on paper, sound recordings on a CD); placing the finished song in an envelope; and sending it to yourself using registered mail.

Unfortunately, and contrary to popular belief, this method simply does not work in the eyes of the court. While in theory, "poor man's copyright" seems like a great option to protect copyright, in practice, it's not.

The inspiration of sending the song to yourself through registered mail is that you will acquire a date-stamped record of the creation of the song. Should someone copy your song or a portion of the song, you would use this date-stamped envelope to prove that you had created the song first and, thus, own the copyrights (which include the rights to produce and reproduce the work).

There are a number of reasons why poor man's copyright is not a recognized method of protecting copyright for songs. Firstly, post offices do not consider themselves to be copyright registries and do not accumulate or store the information required by the courts to prove ownership of the song.

Additionally, they do not keep records of the registered mail for extended periods of time. Should someone copy your work in six years, it is doubtful the post office will have a record of when you sent your registration. As a result, it could be very difficult to prove whether you really sent the envelop through registered mail or whether the stamps were artificial.

There are other ways one could corrupt the registered envelop that also make poor man's copyright unsuccessful to protect your song. For instance, you could send yourself a number of unsealed envelopes just to get the date-stamp. Then, when you have completed a song, you could place it inside the envelop and seal it. In other words, you would be trying to pass-off a song for a date that is prior than the actual creation.

A further method of tampering with the copyright registration is sending yourself a sealed registration with your song. Then, if changes are made to the song, you could steam the envelop seal open and insert the updated version of the song.

As you can see, these cases reveal the ineptness of poor man's copyright to protect your songs and why the courts do not consider it a viable means of registration.

Fortunately, there are a number of copyright registries available to legitimately protect your songs. Whether it's through online registries, the government, or associations, there are various options available to protect your songs. Do your due diligence and pick a registry that suits your pricing and storage needs.