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Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the 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 the 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. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. 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. It should be noted that 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 with it what they will. 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 work.
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. Online Writing Labs: You have One Available for You (online writing labs) There are numerous colleges and universities around the United States and the world that offer online writing labs. The labs are designed to offer help and instruction for any writing matter. Most Online writing labs are only available to the students of the offering college or university, but there are a few that are open to the general public. Virginia Tech has an online self help section and email help available for questions you have about grammar. The online writing labs are beneficial to both the writer in need of the help and the person helping them. The helper or tutors are usually graduate students working for their degree they benefit from the additional teaching practice. The students are getting proofreading, critiquing, and feedback along with any help they may need. The online writing labs were created by the schools to offer extra help to their students in their writing. They offer support in most areas of writing including choosing a topic, grammar help, revising a draft, and editing. They provide tutored help in these areas to students and faculty. Many online writing labs are set up to help you in three ways; online self help, email support, and one on one personal support. The online self help applications are available 24 hours a day. For the email support you email in your paper or project and you will receive a response with in 24 hours. The one on one personal support is a great way for students to learn how to do their own proofreading and editing. The tutors will help show the students what to look for and how to find their own mistakes. This is a great opportunity for help with someone other than a teacher. Even though the online help is available student are encouraged to use the writing lab tutors on a regular basis to improve their writing skills. Purdue University has an online writing lab they call OWL. It offers a wealth of information that virtually anyone can use. They offer a highly detailed step by step instruct of the writing process and huge section on professional, technical, and scientific writing. A section in job search writing that walks you through everything, from your academic coversheet to writing a personal statement, step by step. General Academic writing and research and citation help. This is the best site for offering its advice absolutely free. This site definitely deserves to be bookmarked on your computer if you are a serious writer, a student, a teacher, it really doesn?t matter. The University of Richmond has a program they call Writing Center. Although not as complex as Perdue?s they offer online self help topics for writers. Starting with the writing process to grammar and punctuation, it is another option for you. The University of Wisconsin has the Writing Center that offers some help with the basics. One thing to keep in mind that many of the universities and colleges that offer these many take them offline in between semesters and on breaks. If you are a student, many of you have an online writing lab available at your school or one that reciprocates with your school. Though the general public have self help online help available to them, chances are your school will offer some sort of one on one help to guide you through your work. Check it out it could be very beneficial to you. If you don?t have one available, it is highly recommend checking out OWL at Perdue or search the Internet. There are a lot of self-help online writing labs available to you. |