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 It is important to note that in the U.S. copyright law covers protection for published and unpublished works.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

Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!

Understand Group Publishing (group publishing) When you want to have one your books published, you will work hard to get your book finished and then you will seek out a publisher. Sometimes it is very hard to find the right publisher, but the good news is that there are several different types of publishers that you can use to get your works on the market. Large companies are not your only option. The world of publishing difficult to break into and if you get an acceptance letter--that is only the start. There are many types of publishing companies out there and they all have a different way of publishing their products. Here is a look at some of the more common types of publishing including group publishing. Group Publishing: Group publishing is the process in which a large company publishes your work in the name of a larger company. For example, there are big name publishing companies out there. They operate smaller group publishing companies. The larger publishing company serves as a kind of umbrella over the smaller group publishing companies. Sometimes these companies operate several smaller companies that produce different genres of writing and books. This is also sometimes called trade publishing. For example, a large publishing group may produce best selling adult novels, but may also operate under a smaller name to produce certain non-fiction books, cookbooks or children’s books. Group publishing is a popular way to publish a book. Educational Publishing: Besides trade publishing, there is also educational publishing. These are companies that deal specifically with educational material. They may deal with only college textbooks, or they might deal with textbooks and materials for grades K-12. Besides textbooks, these companies might also produce other forms of educational material, which include posters, workbooks, CD-ROMS, software, testing material and maps. There are several big name educational publishing companies. University publishing—University Press: This type of publishing is not like group publishing and it is not the same as scholarly publishing. These types of companies are usually non-profit and are run by universities, colleges and even sometimes museums or other organization. These usually publish books by scholars and other specialists and they usually are used within the university system. Sometimes these books do get published by a larger trade publish; however, they do not market these types of books. Independent publisher: Independent publishers are often the best way to get your book published if you cannot find a publisher to produce your book. These are generally smaller companies that are privately owned. Many times, these companies only publish a handful of books each year and they usually are about certain subjects. They have the freedom to publish just about anything they wish. Software and other Media: You might not consider software and other types of media as being a publisher, but they are. Think of all the e-books, CD-ROMs and even books on tape that are on the market. These have to be published, too. These types of companies are often associated with larger trade publishers. In fact, many large publishing companies have their very own media publisher in house to take care of this type of publishing. It is a very large business and these types of publishers are just as important and lucrative as the large trade publishers. As you can see, there is a whole world of publishers out there waiting to get your book or other media published. If you do not have luck with a large trade publisher or group publisher, then don’t give up. Keep looking and the different types of companies out there until you find one that wants to work with you and your book.