Copyright Law Blog

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.

Piracy – The Bane Of The Digital Age

August 2nd, 2009 at 06:40pm Under copyright infringement

Copyright infringement is a very serious issue that is plaguing the modern world. Many individuals engage in piracy unknowingly because they have got used to downloading things for free on the internet. However, there is no difference between this form of piracy and any instance of petty theft. Piracy is a serious issue and it has serious consequences. There is an entire industry of individuals who are affected by piracy; the men and women who have worked hard to create the materials that are being pirated are the ones that suffer as their income stream is severely jeopardised by this phenomenon. Piracy in all of its manifestations is something that needs to be completely eradicated from the world we live in.
The New Zealand Federation Against Copyright Theft, or NZFACT, is an organisation that is committed to ensuring and protecting the rights of the New Zealand film and television industry, retailers, and movie fans. Copyright infringement has a wide number of manifestations and is something that applies to a vast number of scenarios. NZFACT has several members which include, but are not limited to:
Village Roadshow Limited
Walt Disney Studios Motion Pictures, New Zealand
Paramount Pictures Corporation
Sony Pictures Releasing International Corporation
Twentieth Century Fox International Corporation
Universal International Films, Inc
Warner Bros. Pictures International, a division of Warner Bros.Pictures Inc.
NZFACT works with enforcement agencies and government officials to ensure the copyright infringement and piracy of any kind do not take place in New Zealand. Tony Eaton, a former police prosecutor in the New Zealand Courts, is the Executive Director of NZFACT. For more information about issues such as copyright infringement laws and regulations, legal penalties for copyright infringement and piracy, how to contribute towards the upkeep of copyright laws and regulations, how to ensure that you protect yourself and/or your corporation from potential litigation, please visit www.nzfact.co.nz.

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.

The Beginner’s Guide to Understanding Copyright Infringement

July 21st, 2009 at 12:41am Under copyright protection

As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work — albeit written, musical, videos, software or some other form — that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English.

Copyright infringement is defined by the jurisdiction — the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city and province) before using something that isn’t in the public domain.

For our definition of copyright infringement, works in the public domain aren’t copyrightable. Works that aren’t copyrightable include ideas, works that aren’t eligible (150 years-old documents, or older — think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.

As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.”

Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works — for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic Internet) works and offline works.

The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 – §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.

Copyright Infringement Statistics

Copyright infringement statistics, by most standards, are inflated. Most recent copyright infringement statistics cite that almost 30 percent of software is pirated in the United States of America. This means they think 30 percent of the software on your computer is illegal.

However, copyright holders have good reason to worry that we’re violating their rules: the number of suspects referred to the United States attorneys with an intellectual property lead increased twenty six percent in the period between 2002 and 2004 — and this number is rising. Copyright infringement statistics are difficult to come by, but it’s plain to see it’s affecting every aspect of intellectual copy.

Copyright infringement statistics show a lot of violations in pirating software and music. Many unsuspecting people, from college students to thirty-something professionals, download music on a consistent basis, and often it’s not downloaded legally. Often times, someone will download a song off a MySpace or YouTube page, without giving thought to who owns the copyright and if it’s legal for them to have it.

Copyright infringement statistics, brought to us by the music recording industry, would have us believe that online infringement is seriously hurting the recording industry. Statistics also show that many people are downloading games off the Internet. With the litany of games available to us — from complete alternate worlds such as World of Warcraft to the more mainstream “The Sims” series — people are clamoring for PC games. They’re fun, intelligent games that play on a system everyone has — a computer. Because of this, people are always looking for new games to play and download, and they may download a game without knowing that it’s not “freeware” (as many Internet games are).

In addition to computer games, copyright infringement statistics also show that movies are downloaded in abundance on the Internet. Many peer to peer file distribution sites and programs (such as Kazaa) allow transferring of large files; plus they’re easy to find online. Using a tool provided by one of many suppliers, users can search for any item they like — and, of course, the system is abused and people download copyrighted movies and entire DVDs instead of publicly available works.

Copyright infringement also branches into written works, such as articles, books, poems, etc. Many times, a student will copy a paragraph or two without realizing the implications of such copying. While they may think of it as “borrowing,” if it’s used on a grander scale, the person could be opening themselves up to a large court fight, especially if it’s used commercially.

As you can see, copyright infringement statistics show us that many people use copyrighted works illegally. Do your best diligence when using another’s work — and ask for permission every time you want to use something that you haven’t created. Chances are, if you just ask the question up front you’ll save yourself from becoming a copyright infringement statistic and save yourself from a major lawsuit.

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

July 20th, 2009 at 06:41pm Under copyright protection

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 20th, 2009 at 06:43am Under music copyright

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.

An Inventor’s Guide to Understanding Patents and Copyright Laws

July 20th, 2009 at 12:41am Under copyright protection

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.