Copyright Law Blog

Copyright Lawyer

August 6th, 2009 at 06:40pm Under copyright protection

Copyright law protects the intellectual property of creators such as artists, authors, and musicians. While copyright law is supposed to protect creators by preventing other people from using their intellectual property, there are many gray areas in the details that have to be decided in court. Copyright laws can also differ from area to area. This makes it important to find a copyright lawyer that understands local, national, and international precedent so you can protect your substantive works from infringement.

Many courts have upheld copyrights of finished and incomplete works as long as an individual or corporation can prove that they created the work before someone else. Some people accomplish this without hiring a copyright lawyer. They might, for instance, send a copy of a play to themselves in the mail so that it has an official date stamped on it. Or they might have a notary public sign and date a copy of the work so courts will know when the author created it.

This works in some cases, but those who are serious about protecting their intellectual property should consider hiring copyright lawyers. Copyright law is difficult for many laymen to understand. Even the U.S. court system finds it difficult to rule on some cases.

Since there are so many gray areas in copyright law, it is best to hire a copyright lawyer who has significant experience in the field. Most of the cases are brought to civil court, where a copyright lawyer might have the chance to argue your case in front of a judge or committee. In this type of situation, experience is a lawyer’s best asset.

You can determine how much experience a copyright lawyer has by asking her or him how long they have been practicing intellectual property law. You should also ask the copyright lawyers how many of their cases they win so you will know how successful they are.

Consider spending some time looking for a copyright lawyer that has significant experience in your field. If you are a musician, then you should look for a copyright lawyer that has represented music companies and musicians. If you have written a book, then you should seek the services of a copyright lawyer that knows the ins and outs of copyright laws that apply to books. Finding a specialist can only improve your chances of protecting your rights.

After you have found several copyright lawyers with years of experience, a concentration in law that pertains to your field, and a good track record, you can make a short list to choose from. Contact the copyright lawyers on your short list and ask them to give you references. These references will make it easy for you to talk to their other clients. You can often get the best information from other professionals who have used the copyright lawyer’s services. A good reference from a professional music producer, for instance, should typically have more influence on your decision than a part-time musician with self-published material.

The Programmer’s Guide to Understanding the Software Copyright Act

August 3rd, 2009 at 06:44am Under music copyright

The Software Copyright Act, better known as the Digital Millennium Copyright Act, has given software developers more power to protect their works. If you’ve bought software in the last few years I’m sure you’ve noticed some of the changes in the software buying process.

Some of the more noteworthy achievements of this Act are the following:

1) It is now a crime to break any anti-piracy measures in the software.

2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software.

3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online.

Most people don’t want to pirate software. Most of us by nature want to do the right thing. The problem lies in educating people that it is stealing when you bootleg, pirate, illegally download, or acquire copies of software that you didn’t pay for. It’s one of those “white lie” types of crimes for most people, and they don’t see how it will hurt anyone to copy a game from a brother, cousin, uncle, or friend. Someone paid for it, after all. The problem is if 10 million people are duplicating software at $50 or more per copy, the loss of software royalties and profits are staggering. The Software Copyright Act seeks to protect businesses from losing money this way and curtail illegal downloading of copyrighted music and software.

A Software Copyright Statement Protects Current and Future Works

If you have a site dedicated to sharing and distributing open source software, it is a wise decision to have a software copyright statement that explains the limits of use for your software, as well as the limits of your responsibility for those who use your software. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of.

A software copyright statement doesn’t have to be a 10 page booklet on the law or the protections that copyright offers; it should be a simple short paragraph stating the basics and protecting you from litigation and/or responsibility. Your software copyright statement should also establish your ownership of the material.

A software copyright statement is only part of the process required to protect your software; it is also a significant deterrent to those who would abuse your copyright and/or your kindness to use and distribute your software. Even if you are charging people for the use of your software, you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution.

Most software developers, coders, and programmers aren’t as concerned nearly as much about associating their name with the products they create. They also want to protect future potential income from their software. By protecting all your work with a software copyright statement you are not only protecting current works, but also future works as well.

Finding and Choosing a Right Attorney

August 1st, 2009 at 06:40am Under copyright infringement

There are many different types of attorneys that offer professional legal services. In the United States, attorneys-at-law are qualified to serve in court and outside of the court. This is not the case in all countries. For instance, in the United Kingdom, some lawyers appear in court cases while others work in offices drawing up contracts and offering legal council. Attorneys may also be called lawyers or councilors.

Finding an Attorney

If you need to find an attorney, then you probably have many options in your region. You can find their names listed in phone books and online directories, but you can also find them advertised on television commercials, radio shows, bus stops, bulletins, and other advertising outlets.

Choosing an Attorney

Before you decide which attorney you are going to hire, you might want to contact several of those that are in your area to help you choose one that can give you the affordable services that are best for you. Not all attorneys focus on the same types of work. Some of the popular lawyers that have commercials on television focus on personal injury and debt settlement cases, but there are also attorneys that can help you with issues such as citizenship, copyright, patents, child custody, business incorporation, and many other topics. The list of subjects that an attorney might choose to focus on seems virtually limitless. They can also get incredibly detailed. For instance, a transportation lawyer might choose to focus on federal railroad law.

Getting an Attorney that is Right for You

When you call the attorneys in your area, you should ask them what types of law they practice. You might want to describe the type of copyright or patent problem that you need help with to see if they have the qualifications needed to assist you. Ask the attorneys what law schools they attended and graduated from so you can choose one that has a good education. You should also make sure that they are currently in good standing with the Bar Association. If they are not in proper standing, then they may not be able to represent you in court.

An Attorney with References

Getting this information will help you choose a real professional who has the skills to help you solve your legal issues, but you cannot know for sure that the lawyer can help you unless you talk to someone who has used his or her services before. Getting references from the attorney gives you the chance to talk to his or her other clients so you can make sure they have gotten reliable legal advice, patent court representation, copyright infringement assistance, or other types of services.

Get Price Quotes from the Attorney

If you are convinced that an attorney can give you the legal services that you need, then you should ask him or her to give you a written price quote for your case. This will help you decide which attorneys are affordable for you and which ones are outside of your price range.

Are Free Sound FX Sites Doing Things Legally?

August 1st, 2009 at 12:40am Under copyright infringement

Recently, there have been a number of cases involving sound effects companies that are offering “free” sound effects as an enticement for people to sign up for their free accounts. Often times this is in order to harvest email addresses and names for marketing purposes or to sell lists to other marketing companies. The problem is that some of these sites are using copyrighted materials illegally. When companies do this they are not only neglecting their customer’s rights to privacy, but also placing them in potentially precarious legal dangers from the rightful copyright owners.
The issue has often risen from people who are either tired of buying sound effects legally, or who just don’t understand the legal implications and then post blogs on the web, solicit their friends and colleagues, and get people to search their computers for sound effects and then upload them to their newly developed, free sound effects site. Their intentions may be perfectly innocent, giving producers access to a wide variety of sound fx in one centralized location, but the real problem is that most of these uploaded sound effects are copyrighted and subject to the same copyright protections as music, movies and everything else.
There have been cases where people download sounds from these free sites to use in jobs for their paying clientele. Only later to get embarrassing and potentially career ending complaints, letters and law suits from their clients, who in turn have recently been contacted by the copyright owner’s attorney for copyright infringement. Not only can this devastating affair make you and your company look unprofessional, it is highly irresponsible as well. Nobody wants to be reflected poorly in professional circles, and in the highly sensitive environment of copyright law and the legal issues surrounding digital media, companies are coming down harder and people are treading lighter than ever before.
This is why it is important to make sure that the sound effects you are using have been obtained legally and with the appropriate licenses. There are many sites out there that offer sound effects legally. Some of these sites are free, others will charge a nominal fee, and still others may create sounds specifically for you that are licensed only to you. It is true that most of the time if you want a really high quality sound effect you will most likely have to pay for it, but the fee is usually small, ranging anywhere from a few cents to a few dollars, and more often that not it is completely worth it!
If you do want something custom built for you, you will probably pay more for it, but this sound will be licensed only to you and your production and will most likely never be available to the general public, unless releasing it was part of your sound effects/Foley creation agreement or if some one steals it and publishes it illegally.
Your best option is to play it safe. Most of the time the sounds you acquire from legitimate sources will be much higher quality anyway and will thus make your production sound much sweeter!

Software Piracy and Internet Pirates Going to Prison

July 30th, 2009 at 12:41pm Under copyright infringement

Software piracy gave a sharp awakening to copyright infringement counsels around the world. Software piracy law efforts backed by the SIIA (Software and Information Industry Association), the RIAA (Recording Industry Association of America), the Business Software Association (BSA) and of course Microsoft, are running fast and furious to intimidate internet pirates and quash any and all efforts of internet piracy, software piracy and copyright infringement on software, music and film. Efforts at suppressing internet piracy, copyright infringement and software piracy are running full speed ahead. Illegal copyright infringement and software piracy can result in civil or criminal trials. Prior to 1978, copyright infringement could be subject to state or federal laws. However, in 1976, Congress codified Section 17 of the United States Code to limit copyright infringement to the federal courts effective January 1, 1978 – essentially dissolving the power of the states to prosecute cases of copyright infringement – the legal claim for software piracy and internet piracy. Sentencing for federal crimes have been historically more punitive than that for state crimes and have been under legislative and judicial scrutiny for decades. The Sentencing Reform Act of 1984 led to Federal Sentencing Guidelines that were enacted in 1987 – presumably to develop consistency in sentencing. In 2004 the Federal Sentencing Guidelines were struck down by the Supreme Court. The Supreme Court decided the federal guidelines were advisory, but not mandatory. Hence, anyone subject to federal sentencing for copyright infringement, software piracy or internet piracy could receive a substantially higher sentence than the federal guidelines suggest – and presumably lower. But apparently “advisory” is still mandated. In the USA vs. Kononchuck software piracy case which involved pirated Microsoft software, the original sentencing judge was lenient and sentenced one of the defendants to only probation and house arrest. The prosecutor appealed the light sentence, and the case was brought back to court for new, harsher, sentencing. These types of decisions surely contribute to the 2.3 million people that are imprisoned today – up from 1.1 million in 1990. Pew Research reports 1 in every 100 adults in America is in prison. The US Sentencing Guidelines Manual (U.S.S.G.) lists the mitigating factors that are taken into consideration for internet piracy, software piracy and copyright infringement in Section 2B5.3. Because copyright infringement is an economic offense, the retail cost of the software pirated and the number of items pirated determine the severity of the crime. The Courts use a “base” crime level, and adjust the sentencing accordingly with the elements of the case. Copyright Infringement starts off at “level 8,” and only one count of a value under $2000 could bring a sentence anywhere from 0 to 6 years (as determined in the 2007 Federal Sentencing Guidelines Chapter Five Part A Sentencing Table). With just one or two “marks” against a defendant, the minimum jail times goes up to 4 years. “Uploading” is 2 points – and increases the sentence to 4-10 years.Software piracy, internet piracy and copyright infringement prison terms are still undergoing scrutiny during the appeals process. Despite strict sentencing in copyright infringement, Internet piracy is far from being quashed. MarketingVox has reported a 3% increase in illegal music downloads over the last couple years, even as prison for piracy escalates. Copyright infringement litigation will be tossed and turned in the courts with unexpected prison sentences and damage awards until the district courts develop consistent sentencing precedents based on the motivations of the piracy and severity of the crimes that adhere to the constitutional principals. Until Congress, the Courts and the Constitution speak the same language, Internet pirates are likely to be facing some federal jail time in the years to come.

The Programmer’s Guide to Understanding the Software Copyright Act

July 28th, 2009 at 06:41pm Under copyright law

The Software Copyright Act, better known as the Digital Millennium Copyright Act, has given software developers more power to protect their works. If you’ve bought software in the last few years I’m sure you’ve noticed some of the changes in the software buying process.

Some of the more noteworthy achievements of this Act are the following:

1) It is now a crime to break any anti-piracy measures in the software.

2) It is no longer legal to make, sale, or give away software or devices that were invented for the purpose of cracking codes enabling the illegal copying of software.

3) Limits the liability that ISPs (as far as copyright infringement violations) when information is transmitted online.

Most people don’t want to pirate software. Most of us by nature want to do the right thing. The problem lies in educating people that it is stealing when you bootleg, pirate, illegally download, or acquire copies of software that you didn’t pay for. It’s one of those “white lie” types of crimes for most people, and they don’t see how it will hurt anyone to copy a game from a brother, cousin, uncle, or friend. Someone paid for it, after all. The problem is if 10 million people are duplicating software at $50 or more per copy, the loss of software royalties and profits are staggering. The Software Copyright Act seeks to protect businesses from losing money this way and curtail illegal downloading of copyrighted music and software.

A Software Copyright Statement Protects Current and Future Works

If you have a site dedicated to sharing and distributing open source software, it is a wise decision to have a software copyright statement that explains the limits of use for your software, as well as the limits of your responsibility for those who use your software. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of.

A software copyright statement doesn’t have to be a 10 page booklet on the law or the protections that copyright offers; it should be a simple short paragraph stating the basics and protecting you from litigation and/or responsibility. Your software copyright statement should also establish your ownership of the material.

A software copyright statement is only part of the process required to protect your software; it is also a significant deterrent to those who would abuse your copyright and/or your kindness to use and distribute your software. Even if you are charging people for the use of your software, you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution.

Most software developers, coders, and programmers aren’t as concerned nearly as much about associating their name with the products they create. They also want to protect future potential income from their software. By protecting all your work with a software copyright statement you are not only protecting current works, but also future works as well.

An Inventor’s Guide to Understanding Patents and Copyright Laws

July 26th, 2009 at 12:42am Under trademark law

Patents and copyright laws give the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patents and copyright laws are set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.

The agency in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.

Just because someone has a patent does not mean they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.

For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.

If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.

Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.

Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright laws protect inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business.

The Copyright Law Act of 1976 is Still Relevant in Today’s Digital Age

July 25th, 2009 at 12:43am Under trademark law

The Copyright Law Act of 1976 is the basis of United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the Fair Use copyright laws, and it changed the term life of copyrights. Before the Copyright Law Act, the law had not been revised since 1909. It was necessary that copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.

The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:

* Musical works

* Literary works

* Dramatic works

* Pictorial, sculptural and graphics

* Motion Pictures and Audiovisuals

* Sound Recordings

* Choreographic Works and Pantomimes

* An eighth work which falls under “architectural works” was later added in 1990.

What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright.

Violations of US Copyright Laws are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright laws. Someone who is in serious violation of US Copyright Laws, such as counterfeiting, can find themselves on the inside of prison. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.

US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. Some things may not be copyrighted but they may be protected by a patent or trademark.

Individuals who have a copyright on a particular piece of work can do what they want with it. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished works.

The Copyright Law Act of 1976 is Still Relevant in Today’s Digital Age

July 22nd, 2009 at 06:41am Under copyright infringement

The Copyright Law Act of 1976 is the basis of United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the Fair Use copyright laws, and it changed the term life of copyrights. Before the Copyright Law Act, the law had not been revised since 1909. It was necessary that copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.

The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:

* Musical works

* Literary works

* Dramatic works

* Pictorial, sculptural and graphics

* Motion Pictures and Audiovisuals

* Sound Recordings

* Choreographic Works and Pantomimes

* An eighth work which falls under “architectural works” was later added in 1990.

What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright.

Violations of US Copyright Laws are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright laws. Someone who is in serious violation of US Copyright Laws, such as counterfeiting, can find themselves on the inside of prison. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.

US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. Some things may not be copyrighted but they may be protected by a patent or trademark.

Individuals who have a copyright on a particular piece of work can do what they want with it. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished works.

Warez and the Crack Factor of Internet Piracy Can Piracy Law Stop Crack Addiction?

July 22nd, 2009 at 12:44am Under copyright law

Warez often originates from hackers that crack a code for the thrill of the challenge. But “crackers,” those in the hacker world who crack and profit from software piracy, have capitalized on the efforts of hackers and their cracked codes – successfully building a billion dollar international underground economy. This underground community of “cracker” pirates thrives on international software and Internet piracy. Litigators, copyright holders, and media giants are working together with law enforcement agencies to beat down the doors of the pirates’ virtual underground warehouses. New copyright laws and international piracy treaties are on the table at nations across the world, awaiting rewritten code to revitalize current piracy laws and keep up with the swift currents of Internet technology. FBI operations go undercover by names such as the 2001 Operation Buccaneer, Operation Bandwidth, and Digital Piratez, and the more recent Operation Site Down, Operation Copycat, Operation Jolly Roger and Operation Fast Link. Warez Operation Buccaneer resulted in 58 search warrants worldwide – which was the “largest” crackdown of 2001. Operation Bandwidth corralled the pirates by setting up a fake warez software piracy website. The Digital Piratez operation resulted in only 9 warrants. This was just the beginning of the Warez crackdown and the FBI’s foray into the world of crack addiction. The warez pirates continue to circumvent the piracy laws that are on the verge of crumbling down their underground economy. As they continue their overseas pirating escapades – so to does the FBI continue their undercover operations. A 2008 United States Department of Justice report summarizes the statistics of the warez operations Sitedown and Fastlink – which resulted in 108 felony convictions, confiscation of over one-hundred million dollars worth of pirated software, and 200 search warrants that traveled to over 15 countries. Far more than the 58 search warrants that served the pirates of 2001. In 2007, there were 217 intellectual property cases filed. Letters from hackers under investigation litter the Internet – warning their co-conspirators to “get out” before it’s too late. The FBI wasn’t alone in the warez crackdown operations. Fifteen countries assisted the US in their search for warez piracy. Suppliers who supply the hardware to a warez website, Scripters who help build a website, Brokers who develop active groups, and Encoders who overwrite the copyright protection, have all been held liable in federal court. Charges included not only copyright infringement, but also conspiracy to commit copyright infringement, circumventing copyright infringement and trafficking illegal goods. Piracy law will continue to gain attention by law enforcement agencies and warez pirates. The US House unanimously approved the Prioritizing Resources and Organization for Intellectual Property Act which allows for current federal law to be rewritten for liberal seizure procedures and the creation of a position for a presidentially appointed U.S. Intellectual Property Enforcement Representative. It also creates a new division in the Department of Justice for intellectual property enforcement and ten positions within embassies. Internet piracy is being tracked daily by the feds. But the heat won’t be putting out the pirates completely anytime soon. The warez scene is addictive. Hackers live for the challenge of cracking a code – even if there isn’t any financial gain. Warez groupies get a rush from seeing how fast a cracked file can start spreading like wildfire. Pirates that serve international traffickers prey on these addictions – offering slick trades of expensive hardware and digital ware that feeds the warez scene. Piracy laws are building up strength to fight billions of dollars of intellectual property theft and copyright infringement. But they are also fighting an addiction. And addictions can skew perceptions. The hackers and crackers of the warez scene might not see the reality of piracy law until the Feds come knocking at their door. Reality will then strike as hard as the clang of iron bars.