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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
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, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. 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 & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able 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.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
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.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
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Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before. |