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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.

Software company patent A Software Company Patent is the Door to a World of Confusion There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them. The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent. The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best. Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected. Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent. It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either. One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry.

Copyright lawyer guild What exactly is a copyright lawyer guild? A copyright lawyer guild is just like any other guild, it a is club just for copyright lawyers. Many times you can find a list of names of all the copyright lawyers that have joined, as well as all their contact info and if they have a website or not. Sometimes you will have to be invited to join, while others it is free for you to look around. However as a guest you may only be able to view certain information, once you pay though you’ll get to look at all the goodies the guild holds. There will most likely be a select amount of newsletters put out by the guild, the number depends on the guild itself and how many they want. In a way this is very much like a writer’s guild, you will have a list of every writer in a certain state and their information about them. Any client can find a copyright lawyer’s guild online, this is basically a site that lists all types of information about copyrights, cases, lawyers, releases and much more. A client may even find out if the their copyright lawyer has been acknowledged for any special awards in the at-a-guy section, not all have this but most will. There will probably be a lot of articles on copyright issues and might explain to you what it is you need. You can also find cases that are currently going on and others that have already been through trial, this is a great way to stay up to date with all the latest copyrighting issue. If you are lawyer it is great so you always know what is going on and what is being added to the laws that already exist. One may even find a forum inside an online copyright lawyer’s guild; this opens doors to both clients and lawyers. A lawyer may be able to find help in an area they aren’t 100% about and a client is able to ask for help without being charged. A copyright lawyer guild may also be a group that meets every couple of months at a restaurant, office or a number of different places to discuss things. Topics may include things they are dealing with, cases in the press or inside the office, or hot topics in the field. How to help a client that is upset, how to use etiquette in emails, etc. They may watch a short film on copyrights and how they effect the business. There may be a few seminars that they are invited too or asked to actually give speeches at, the topics are endless but will all reflect on their field of expertise. Guilds are a great way for a person to meet and greet others in their profession and share stories or experiences with one another. Not all copyright lawyer guild list every lawyer, only those that pay for membership are. Which means if your lawyer hasn’t paid his dues than he won’t be listed, however this doesn’t make him a bad lawyer. Your lawyer may just be starting up and hasn’t got around to joining a guild or if he’s been around for a while maybe he hasn’t had much luck in finding clients through guilds and would rather do it the way he’s been doing it.