Archive for the "Copyright" Category

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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 [...]

Making The Case For Fair Use

Filmmakers became frustrated with the uncertainty of fair use by the beginning of the 21st Century. Under the leadership of Professors Aufderheide and Peter Jazic from American University, documentary filmmakers were brought together to discuss fair use. In meetings across the country, filmmakers discussed the burdens of clearing film clips, music, photos, and other items [...]

Is it Legal to Download Music and Video Files From the ‘Net?

Most people believe that it is illegal to download music and video files from the Internet, and in most scenarios they are right. Still it can be legal to download files – all you have to do is to look after the Creative Commons mark ‘CC’.
Then what is Creative Commons?
Creative Commons, also known as ‘CC’, [...]

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, [...]

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 [...]

How Can I Keep People From Stealing My Ideas?

I’ve been a freelance cartoonist and one of the questions I am most frequently asked is “how do you keep people from stealing your ideas?” The simple answer is, I don’t worry about it.
For most novice writers and artists this is the first question that comes to mind. I have to say [...]

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 [...]

Copyright Infringement and the Critical Time Frames Related to Registration

The matters all start out the same – there has been an infringement of copyright. While numerous issues are immediately identified and debated, issues related to important dates and deadlines must not be overlooked. Copyright owners and attorneys alike should be asking several questions:
1. Has there been a federal registration for the particular work that [...]

Copyright Infringement Basics – A Copyright Lawyer’s Perspective

Few legal principles inspire more confusion than copyright law. Our copyright lawyers often spend as much time educating our clients as we do digging into their specific legal issues. Copyright law, like other intellectual property rights, is inevitably fact specific. Obtaining legal advice about your specific situation from a qualified copyright attorney is critical. Educating [...]

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 [...]