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Copyright

March 26th, 2010 Bob B Taylor No comments

Copyright is a legal fiction designed to protect the works of artists, inventors and innovators.  In essence, it is a legal bar, allowing exclusivity for those who create works in the form of an intangible asset which can be sold or relinquished, and which expires upon a certain period of time.  With the growth of the internet, and the creation of more and more content, the question of copyright is becoming increasingly more relevant, and one which more and more webmasters are considering to protect their own interests.  Additionally, with the rise of the freelancer market, the issue of copyright is becoming a heated topic of debate for both buyers and sellers at every stage in the production chain, and the effects of not having the relevant rights could be potentially catastrophic.  In this article, we'll look at what exactly copyright is, and how it relates to the internet in content creation.Copyright is an artificial concept that gives the creator of a work, or the person he sells the right to, the legal right to use or modify in whole or in part, and to call their own. 

It has a different meaning in most jurisdictions, however the basic principle is the same: the creator owns the original copyright to the work in question, and has the freedom to pass this on at will, usually in consideration for money.  Where a creator is working on commission, copyright is designed to act as a lien in his favour, meaning that if he creates and passes on but does not receive payment, he can withhold copyright and sue for breach where applicable.  Of course, he would also have remedies under the ordinary law of contract, but the grasp of copyright is a very powerful tool, which can even be used against the third party buyer from the original commissioner.Copyright is designed as a tool to cover what is known as intellectual property.  Committing intellectual thoughts and ideas to paper, or making them tangible is usually sufficient to give rise to the copyright protection, which usually lasts for a number of decades in preventing others from steeling ideas. 

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How To Give Notice of Copyright On Your Works

February 8th, 2010 Bob B Taylor No comments

The use of a copyright notice is no longer required under U. S. law , but you should still give notice whenever possible. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works. Under the 1976 Copyright Act, creators of covered works were required to give notice of copyright on the work in question. This requirement was eliminated when the United States signed onto the Berne Convention in March 1989. You should give notice of copyright whenever possible because it puts the public on notice that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then the defendant can’t claim innocent infringement as a defense. Innocent infringement occurs when the infringer did not realize that the work was protected. The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

The notice for visually perceptible copies should contain all the following three elements: 1. The symbol ?(the letter C in a circle), or the word “Copyright”; 2. The year of first publication of the work. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and 3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized. Here’s an example: Jane Doe. Position of Notice. The copyright notice should be affixed to copies in such a way as to "give reasonable notice of the claim of copyright.” The three elements of the notice should ordinarily appear together on the copies or container. In Closing. You work hard to create books , articles, music and other items. Make sure you protect them by giving copyright notice.

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