To those who have been a victim of copyright theft, they are fully aware of the importance of copyright protection, security certification and security training. Apart from that you must be prepared to deal with the situation when someone tries to steal your content.
You must have noticed the mention of when rather than if. That was actually intentional. With the excess of information available on Internet, it is just a matter of "when" instead of "if".
The initial step in knowing about what to do when somebody takes your content is to keep in mind that it is bound to happen. Thus the more geared up and well-informed you remain, the better are your probability of prevention. This will help you keep a plan in place when any such thing happens.
As the amount of WebPages and blogs rise, the demand for newer content keeps on putting more pressure on website administrators. Tired of the situation, the only option is to steal others content. This is because their aim is to attract traffic which is not possible without website hijacking. It is the obvious use of part or at times your entire website content without permission. It is also a kind of copyright violation that must be dealt with.
Copyright rules were intended to defend those who deserved to be honored. Just imagine what will happen when you stop paying your lawyers, doctors or electricians, etc. technically they must be paid for their services. In case, you do not, the collectors will be after you. Likewise, when your web content is stolen there is something that you need to do fast. The first thin to do is confront content theft.
In case your wallet, or purse gets stolen, or you have a robbery at home, you can call the police and insurance company so that your valuables can be recovered. But when your content gets stolen, the big question is where to look for help?
Sadly, until some agency is organized to protect your inventive rights, the majority of the combat needs to be done by you. There is no need to get overwhelmed by this thought. The idea is to make the procedure of retrieving your stolen content easy to understand and implement.
After that you need to clear your myth popular about copyrights and their violation.
• Chasing somebody accused of copyright violation is not that time-consuming or expensive.
• You do not need to hire a lawyer.
• You do not need anything apart from some easy actions.
• The defense of copyright rules must NOT be given solely to companies having money.
• The Protection and safeguard of copyrights is not that complicated.
Believe it or not, these are all myths. Only because information on internet is free does not really give you the right to steal it. Everything from designs, images to graphics is all protected by copyright laws. Being an intellectual property, no one has the right to steal them under any circumstances.
Not tracking down or stopping a property from getting stolen is no easy task. You have to go deep into the matter to find out who the culprit is.
Stewart Wrighter recently studied new security certification sites online while conducting research for an article. He was impressed with the new security training sites he found online.
Monday, December 27, 2010
Monday, December 20, 2010
How Do I Copyright Music? The Simple Steps to Protect Your Work by Justine Shoolman
Copyright law falls under the umbrella of Intellectual Property which also includes Patents, Trademarks, Industrial Design and Trade Secrets. Each one of these sectors deals with a different type of protection for various types of works.
When dealing with musical works, it's important to understand what constitutes a musical work before we can determine how it is protected through copyright law. The Canadian Copyright Act (for example) defines musical works as: "any work of music or musical composition, with or without words, and includes any compilation thereof."
Interestingly, not all "musical" works actually fall under this category with regards to registration. Some may fall under the categories of "Sound Recordings" or "Performers' Performances".
In order to establish which category your musical work should be registered in, you must determine exactly what you are trying to protect. Some examples of what may be protected include:
a) lyrics: protected as a literary work
b) musical composition in any format: protected as a musical work
c) a specific recording of a song: protected as a sound recording
d) if you are a singer, your specific recorded performance of a song: protected as a performer's performance
Now that you have determined which category your music falls into, let's look at how to protect the copyright.
A common misconception is that people need to pay a third party to copyright their music.
However - the exclusive right of copyright (including the rights to produce, reproduce, distribute and publish the work) is automatically granted under Copyright Law to the author of a work once it is put in a fixed form.
In other words, when you record an original musical composition that you created onto a CD, it is copyrighted and you own the rights. However, unless you can prove you are the original creator of the musical work, you may run into expensive and time-consuming legal problems defending your work in the event of infringement.
This is why registering your work is often recommended, especially in our digital era where music is often showcased on websites and accessed by millions of people.
What registering a copyright does is it creates third party time-stamped proof of the time of creation. As such, should someone infringe on your work, you will have a registration certificate proving your work was completed before theirs. Without the registration, it can be tricky coming up with acceptable proof that you created the song first.
For instance, let's say I create a musical composition and play if for a friend who is also a musician. They then (not intentionally) create a new song, and accidentally steal my melody. They finish their song, register it with a copyright registration service, and get picked up by a label. Even though I was the first one to make the song, it might be very difficult for me to prove that I played them the song before they made their composition if I did not first register the work.
As such, to build proof of your ownership (and to maintain friendships), it's generally a good idea to register your music before showcasing it publicly.
Disclaimer
The above information is meant as a general guide to further your copyright knowledge about music and does not constitute legal advice. For questions about your specific musical work, you should consult a copyright lawyer in your country.
Justine Shoolman is a Founder of Copyright Creators (CC), a service inspired by the shortfalls of poor man's copyright. CC protects copyright for life with no membership fees. Visit CC today to receive 4 free registrations.
When dealing with musical works, it's important to understand what constitutes a musical work before we can determine how it is protected through copyright law. The Canadian Copyright Act (for example) defines musical works as: "any work of music or musical composition, with or without words, and includes any compilation thereof."
Interestingly, not all "musical" works actually fall under this category with regards to registration. Some may fall under the categories of "Sound Recordings" or "Performers' Performances".
In order to establish which category your musical work should be registered in, you must determine exactly what you are trying to protect. Some examples of what may be protected include:
a) lyrics: protected as a literary work
b) musical composition in any format: protected as a musical work
c) a specific recording of a song: protected as a sound recording
d) if you are a singer, your specific recorded performance of a song: protected as a performer's performance
Now that you have determined which category your music falls into, let's look at how to protect the copyright.
A common misconception is that people need to pay a third party to copyright their music.
However - the exclusive right of copyright (including the rights to produce, reproduce, distribute and publish the work) is automatically granted under Copyright Law to the author of a work once it is put in a fixed form.
In other words, when you record an original musical composition that you created onto a CD, it is copyrighted and you own the rights. However, unless you can prove you are the original creator of the musical work, you may run into expensive and time-consuming legal problems defending your work in the event of infringement.
This is why registering your work is often recommended, especially in our digital era where music is often showcased on websites and accessed by millions of people.
What registering a copyright does is it creates third party time-stamped proof of the time of creation. As such, should someone infringe on your work, you will have a registration certificate proving your work was completed before theirs. Without the registration, it can be tricky coming up with acceptable proof that you created the song first.
For instance, let's say I create a musical composition and play if for a friend who is also a musician. They then (not intentionally) create a new song, and accidentally steal my melody. They finish their song, register it with a copyright registration service, and get picked up by a label. Even though I was the first one to make the song, it might be very difficult for me to prove that I played them the song before they made their composition if I did not first register the work.
As such, to build proof of your ownership (and to maintain friendships), it's generally a good idea to register your music before showcasing it publicly.
Disclaimer
The above information is meant as a general guide to further your copyright knowledge about music and does not constitute legal advice. For questions about your specific musical work, you should consult a copyright lawyer in your country.
Justine Shoolman is a Founder of Copyright Creators (CC), a service inspired by the shortfalls of poor man's copyright. CC protects copyright for life with no membership fees. Visit CC today to receive 4 free registrations.
The Copyright Notice - 6 Reasons it Can Increase Protection of Your Work by Justine Shoolman
To include the notice, or not to include the notice? A common point of confusion for copyright creators is whether they need to include the copyright notice with their work for copyright protection.
The good news for most creators is you do not need to include a copyright notice with your work to have copyright protection; and by 'protection' we mean the rights to produce, reproduce and perform your work.
In general, copyright protection is granted automatically upon the completion of your work in a fixed form. Having said this, there is some fine print one should be aware of, especially for works created in the United States.
Short History of the Copyright Notice:
Under the Berne Convention for the Protection of Literary and Artistic Works, which concluded in 1886, copyright protection is automatically granted for original works expressed in a fixed form (for example, a format that can be perceived, communicated and reproduced such as on paper, memory key, compact disc, etc.). There are over 100 countries who are signatories of the Berne Convention, all of which are listed on the World Intellectual Property Office's website. In addition, countries that are a part of the World Trade Organization have to adhere to almost all of the conditions of the Berne Convention.
The beauty of the convention is it harmonizes and sets minimum standards of copyright laws between the member countries. This has greatly reduced the risk for copyright creators when publishing their works internationally, as they will receive similar protection abroad as they would in their own country.
When copyright protection is automatic, as it is for all Berne Convention countries, you are not required to use the copyright notice to protect your work.
Now, the tricky part is for U.S citizens. The United States only joined the Berne Convention on March 1st 1981, which means any works published before this date may still require the copyright notice to protect copyright, unlike works published after March 1st 1989.
Although the Copyright Notice is Not Required, here are 6 Reasons it Can Increase Protection of Copyright:
1. The copyright notice tells the public that the work is protected by copyright law. Without the notice, someone interested in using the work might mistakenly think it is available for use without permission.
2. It helps identify the copyright owner which is handy if anyone needs to contact them regarding the work.
3. It provides the year of publication which can be important in determining the duration of copyright.
4. A copyright notice makes it much harder for an infringer to claim that they did not know the work was copyrighted. If the notice is not present, an infringer could use this reasoning in court and potentially be acquitted of the charges.
5. The notice might act as a deterrent for someone to infringe on the work. If a person knows the work is protected, they might be less likely to use it.
6. It's easier for someone to make contact to obtain permission to use your work when a copyright notice is present.
As you can see, even though having the copyright notice is not required, it's definitely a good idea to help protect copyright.
Disclaimer
The above information is meant as a general guide to further your copyright knowledge and does not constitute legal advice. For questions about your specific work, you should consult a copyright lawyer in your country.
Justine Shoolman is a Founder of Copyright Creators (CC), a service inspired by the shortfalls of poor man's copyright. CC protects copyright for life with no membership fees. Visit CC today to receive 4 free registrations.
The good news for most creators is you do not need to include a copyright notice with your work to have copyright protection; and by 'protection' we mean the rights to produce, reproduce and perform your work.
In general, copyright protection is granted automatically upon the completion of your work in a fixed form. Having said this, there is some fine print one should be aware of, especially for works created in the United States.
Short History of the Copyright Notice:
Under the Berne Convention for the Protection of Literary and Artistic Works, which concluded in 1886, copyright protection is automatically granted for original works expressed in a fixed form (for example, a format that can be perceived, communicated and reproduced such as on paper, memory key, compact disc, etc.). There are over 100 countries who are signatories of the Berne Convention, all of which are listed on the World Intellectual Property Office's website. In addition, countries that are a part of the World Trade Organization have to adhere to almost all of the conditions of the Berne Convention.
The beauty of the convention is it harmonizes and sets minimum standards of copyright laws between the member countries. This has greatly reduced the risk for copyright creators when publishing their works internationally, as they will receive similar protection abroad as they would in their own country.
When copyright protection is automatic, as it is for all Berne Convention countries, you are not required to use the copyright notice to protect your work.
Now, the tricky part is for U.S citizens. The United States only joined the Berne Convention on March 1st 1981, which means any works published before this date may still require the copyright notice to protect copyright, unlike works published after March 1st 1989.
Although the Copyright Notice is Not Required, here are 6 Reasons it Can Increase Protection of Copyright:
1. The copyright notice tells the public that the work is protected by copyright law. Without the notice, someone interested in using the work might mistakenly think it is available for use without permission.
2. It helps identify the copyright owner which is handy if anyone needs to contact them regarding the work.
3. It provides the year of publication which can be important in determining the duration of copyright.
4. A copyright notice makes it much harder for an infringer to claim that they did not know the work was copyrighted. If the notice is not present, an infringer could use this reasoning in court and potentially be acquitted of the charges.
5. The notice might act as a deterrent for someone to infringe on the work. If a person knows the work is protected, they might be less likely to use it.
6. It's easier for someone to make contact to obtain permission to use your work when a copyright notice is present.
As you can see, even though having the copyright notice is not required, it's definitely a good idea to help protect copyright.
Disclaimer
The above information is meant as a general guide to further your copyright knowledge and does not constitute legal advice. For questions about your specific work, you should consult a copyright lawyer in your country.
Justine Shoolman is a Founder of Copyright Creators (CC), a service inspired by the shortfalls of poor man's copyright. CC protects copyright for life with no membership fees. Visit CC today to receive 4 free registrations.
Monday, December 6, 2010
Learn How to Copyright Your Music by Brad Barnett
To protect your music from being misused or plagiarized, you need to copyright your music. This is essential or you may find your music being ripped off. If the copyrighted material is plagiarized then you can take action and claim damages but unless the music is copyrighted, you may be left high and dry, wringing your hands in frustration. Copyrighting comes with a fee as most things do, however it gives you peace of mind regarding your creative effort.
What is Copyrighting?
When you write or compose something original and lay claims to it, it automatically becomes your own. Laying claims need to be made through a statutory body recognized by law. In this way you can be assured that your original creation will not be misused. Some people simply send a copy of the CD to themselves in their mail to prove the date and time. This is poor man's copyright and does not carry too much weight nor is it enough to claim a penalty. A copyright needs to be approved by the government to make it legal. The official process to copyright your music involves going through the government process of obtaining a copyright from the US Copyright Office. The process is simple and reliable.
Requirements for Copyrighting Your Music
A copy of the songs to be copyrighted A copyright form An envelope for mailing them $45
Tips Regarding the Official Copyright Form
1. If you are going to copyright your music, sound as well as music, then you need Form SR for Sound Recording to copyright both as copyrighting the sound alone will not take care of your composition. This is absolutely required if your band has recorded an album. 2. The Performing Arts copyright lets you copyright the song too. If you submit a recording to be copyrighted then only your song will be copyrighted and not the sound recording. If you are a songwriter and are not worried about the recording the Form PA should be good enough for you. 3. There is a CON or a Continuation Form along with the SR or PA form which can be used as continuation forms when you copyright your music.
Register your copyrighted music
Copyright your music by registering it. First fill in the appropriate forms SR, PA or CON. Write out a check for $45 and make it out to "Register of Copyrights". Make a good copy of the music that you need copyrighted. This copy will be retained and will not be returned to you. Next put everything (CD, forms and check) in an envelope and mail it to:
Library of Congress Copyright Office 101 Independence Avenue, SE Washington DC 20559-6000
Copyright your music and have peace of mind regarding your composition. This is absolutely necessary if you wish to prevent plagiarism. Copyright your music and make it legally yours. The process is simple does not cost the earth, when compared to the risks involved if you do not copyright your original creation. A lot of effort and time has gone in to creating your music so protect it by copyrighting it.
Brad Barnett knows what you need to do to successfully promote your band and music on and offline. He has been a part of the music scene for 10+ years playing, recording, and distributing his music. He offers you free tips and resources to promote your band.
What is Copyrighting?
When you write or compose something original and lay claims to it, it automatically becomes your own. Laying claims need to be made through a statutory body recognized by law. In this way you can be assured that your original creation will not be misused. Some people simply send a copy of the CD to themselves in their mail to prove the date and time. This is poor man's copyright and does not carry too much weight nor is it enough to claim a penalty. A copyright needs to be approved by the government to make it legal. The official process to copyright your music involves going through the government process of obtaining a copyright from the US Copyright Office. The process is simple and reliable.
Requirements for Copyrighting Your Music
A copy of the songs to be copyrighted A copyright form An envelope for mailing them $45
Tips Regarding the Official Copyright Form
1. If you are going to copyright your music, sound as well as music, then you need Form SR for Sound Recording to copyright both as copyrighting the sound alone will not take care of your composition. This is absolutely required if your band has recorded an album. 2. The Performing Arts copyright lets you copyright the song too. If you submit a recording to be copyrighted then only your song will be copyrighted and not the sound recording. If you are a songwriter and are not worried about the recording the Form PA should be good enough for you. 3. There is a CON or a Continuation Form along with the SR or PA form which can be used as continuation forms when you copyright your music.
Register your copyrighted music
Copyright your music by registering it. First fill in the appropriate forms SR, PA or CON. Write out a check for $45 and make it out to "Register of Copyrights". Make a good copy of the music that you need copyrighted. This copy will be retained and will not be returned to you. Next put everything (CD, forms and check) in an envelope and mail it to:
Library of Congress Copyright Office 101 Independence Avenue, SE Washington DC 20559-6000
Copyright your music and have peace of mind regarding your composition. This is absolutely necessary if you wish to prevent plagiarism. Copyright your music and make it legally yours. The process is simple does not cost the earth, when compared to the risks involved if you do not copyright your original creation. A lot of effort and time has gone in to creating your music so protect it by copyrighting it.
Brad Barnett knows what you need to do to successfully promote your band and music on and offline. He has been a part of the music scene for 10+ years playing, recording, and distributing his music. He offers you free tips and resources to promote your band.
How to Get Free Images For Articles - Copyright Worry Free by Pauline Go
The technological advancement in computers has made working from home extremely convenient and lucrative. Many people these days are earning handsome pay packages by writing articles for various websites. The range of topics incorporated in these articles is immensely diverse. Any written matter when supplemented with illustrations not only looks more attractive, but also leaves a greater impact on the psyche of the reader.
There is a plethora of images online covering every subject under the sun. However, these are mostly protected under the copyright law and using such images could lead to legal complications. At the same time, there are many images online that can be utilized free of charge and without any fear of copyright issues. All that is required is adequate knowledge of acquiring such free images.
Firstly, it is vital for the user to search online for specifically 'free stock images'. Such images are not safeguarded by copyrights and can be downloaded for free. There are loads of royalty free images also obtainable online. For such images, the user needs to pay only once and these can be used subsequently without any further expense. There are images available in public domain and under creative common license as well. These also can be used without the hitch of plagiarism. Searching under all these avenues broadens the scope of accessibility of images as desired.
Secondly, one must understand that many of these websites with free stock images require registration. Once the user becomes a member of the website, he or she can avail free access to the images.
Thirdly, it might be helpful to have an alternative concept for images in mind, as it may not always be possible to come across the exact topic.
Fourthly, most users turn a blind eye to the text matter portrayed on these websites. In general, users are in a hurry to acquire the images and in the process give little consideration to the listed regulations. The terms and conditions should be not only read, but also comprehended and followed strictly in order to prevent any repercussions. Most commonly, the rules state certain restrictions on the type of use the images can be put to and also highlight the way the site or photographer needs to be given recognition. It is very significant not to overlook this aspect. Each time an image is downloaded, one must remember to take note of the name of the site and the photographer so that due acknowledgment can be given at an appropriate time and place.
About Author:
Pauline Go is an online leading expert in legal industry. She also offers top quality tips like:
Copyright Infringement Penalty, Public Domain Definition
There is a plethora of images online covering every subject under the sun. However, these are mostly protected under the copyright law and using such images could lead to legal complications. At the same time, there are many images online that can be utilized free of charge and without any fear of copyright issues. All that is required is adequate knowledge of acquiring such free images.
Firstly, it is vital for the user to search online for specifically 'free stock images'. Such images are not safeguarded by copyrights and can be downloaded for free. There are loads of royalty free images also obtainable online. For such images, the user needs to pay only once and these can be used subsequently without any further expense. There are images available in public domain and under creative common license as well. These also can be used without the hitch of plagiarism. Searching under all these avenues broadens the scope of accessibility of images as desired.
Secondly, one must understand that many of these websites with free stock images require registration. Once the user becomes a member of the website, he or she can avail free access to the images.
Thirdly, it might be helpful to have an alternative concept for images in mind, as it may not always be possible to come across the exact topic.
Fourthly, most users turn a blind eye to the text matter portrayed on these websites. In general, users are in a hurry to acquire the images and in the process give little consideration to the listed regulations. The terms and conditions should be not only read, but also comprehended and followed strictly in order to prevent any repercussions. Most commonly, the rules state certain restrictions on the type of use the images can be put to and also highlight the way the site or photographer needs to be given recognition. It is very significant not to overlook this aspect. Each time an image is downloaded, one must remember to take note of the name of the site and the photographer so that due acknowledgment can be given at an appropriate time and place.
About Author:
Pauline Go is an online leading expert in legal industry. She also offers top quality tips like:
Copyright Infringement Penalty, Public Domain Definition
What is Fair Use Law For Copyright Material? by Pauline Go
Legally work protected under the law of copyright cannot be used by anyone without the approval of the owner. There are still those who resort to plagiarism and end up as culprits of copyright infringement. Many are not aware that any matter placed under copyright protection can also be used within the legal norms by the tool of 'fair use'.
This module of fair use has been elaborated in Section 107 of the Copyright Law of 1976. This section provides the regulations under which material placed under copyright can be used in a legal way. The primary aspect to be dealt upon while deciding about the correct utility of fair use is that one needs to evaluate the social or cultural benefit from the use in comparison to the damages endured by the copyright owner. Also, fair use should not be done for monetary gains. There should be an underlying larger cause benefiting the society as a whole. Fair use is immensely beneficial in the realms of education and journalism.
When it comes to fair use, you need to take into consideration four factors. These factors are how the work is going to be used, what is the type of work, what is the extent of the use and what economic repercussions the use will have. Usually these factors are taken into consideration in case there is a lawsuit on copyright infringement. For instance, a teacher in a classroom set up shows a video clipping highlighting the adverse effects of smoking. Thereafter, certain issues pertaining to tobacco smoking are taken up in the form of a class discussion. Not only are the ill effects on health discussed but also issues such as smoking in public places leading to passive smoking and air pollution are taken up. This entire lesson plan definitely falls under the correct legal utility of fair use. The reasons of fair use as per the 'four factors' can be justified. The nature of the use was to impart knowledge and create social awareness. The extent of use was adequate as only a single scenario was stressed upon in the video. The use was confined within the four walls of the classroom. Finally, the entire exercise resulted in no monetary obligations to the owner of the copyrights. In fact, it served a greater social cause.
It is not an easy task to comprehend the legalities attached to fair use as there are different regulations encompassing fair use in different walks of life. Therefore, advocates furnish guidelines to acquaint users with the regulations and prevent any inadvertent violation of copyright laws.
About Author:
Pauline Go is an online leading expert in legal industry. She also offers top quality tips like:
Copyright Infringement Penalty, Public Domain Definition
This module of fair use has been elaborated in Section 107 of the Copyright Law of 1976. This section provides the regulations under which material placed under copyright can be used in a legal way. The primary aspect to be dealt upon while deciding about the correct utility of fair use is that one needs to evaluate the social or cultural benefit from the use in comparison to the damages endured by the copyright owner. Also, fair use should not be done for monetary gains. There should be an underlying larger cause benefiting the society as a whole. Fair use is immensely beneficial in the realms of education and journalism.
When it comes to fair use, you need to take into consideration four factors. These factors are how the work is going to be used, what is the type of work, what is the extent of the use and what economic repercussions the use will have. Usually these factors are taken into consideration in case there is a lawsuit on copyright infringement. For instance, a teacher in a classroom set up shows a video clipping highlighting the adverse effects of smoking. Thereafter, certain issues pertaining to tobacco smoking are taken up in the form of a class discussion. Not only are the ill effects on health discussed but also issues such as smoking in public places leading to passive smoking and air pollution are taken up. This entire lesson plan definitely falls under the correct legal utility of fair use. The reasons of fair use as per the 'four factors' can be justified. The nature of the use was to impart knowledge and create social awareness. The extent of use was adequate as only a single scenario was stressed upon in the video. The use was confined within the four walls of the classroom. Finally, the entire exercise resulted in no monetary obligations to the owner of the copyrights. In fact, it served a greater social cause.
It is not an easy task to comprehend the legalities attached to fair use as there are different regulations encompassing fair use in different walks of life. Therefore, advocates furnish guidelines to acquaint users with the regulations and prevent any inadvertent violation of copyright laws.
About Author:
Pauline Go is an online leading expert in legal industry. She also offers top quality tips like:
Copyright Infringement Penalty, Public Domain Definition
Monday, November 29, 2010
How Copyright Laws Fail Us When We Need Them Most by Marilyn Bontempo
I used to worry about other people stealing my work. I do lots of different kinds of things so there is plenty to steal. In 35 years of being in business, I have produced plenty of exceptional photos, illustrations, graphic design, ads, websites, printed collateral material, logos, music and writing, to name just a few. And of course, I also have plenty of clients for all my competition to try to steal away from me as well. This is normal. If you are talented in any way, or in business of any kind, people steal from you.
What about copyright laws? Unless you want to waste lots of money hiring a lawyer to chase after every thief and take them to court only to get a judgement against them which they probably will never pay, what is the use? And that's if you're lucky. Most of the time in cases of Internet violation, you can never even locate the person responsible, let alone convict him of the crime. But it's not money I'm after. If I were, why in heaven's name would I be writing articles for Internet article directories who don't pay for use of their articles? I write for such sites to get the benefit of linkbacks for my website and blog. What are linkbacks? They are a vital component of SEO (search engine optimization), as links back to my website from highly ranked, popular websites, which contributes to my achieving page one search results for my own website when appropriate keywords are searched on Google. It's complicated but it works.
I recently was searching for some javascript code I could use to do something clever on my website. When I found what I wanted to adapt, I checked to see what the terms of use were. The writer of the code very humbly asked for a mere $5 if you wanted to remove his name from the invisible credits that would only appear where other code seekers would see it. Otherwise, it was free. How can you not respect a request like that? I happily left his name even though I needed to spend many hours tweaking the code to work in my situation but felt a certain kinship with this skilled individual that engendered the utmost in admiration and obedience. I treat others the way I wish to be treated myself.
It certainly was upsetting when I first realized that my articles were being used improperly and published as if written by someone on the website where I happened to find them. I checked the usage policies of the article websites to which I had submitted my articles which stated that it was required that articles be published with a signature line (meaning, author's name) along with a link to the author's website.
After reading that, I thought, "Oh, great! Maybe they will help me enforce their policies." But after further reading I quickly learned that it was my responsibility to do any policework, notifying offenders of what they so innocently had overlooked. Once such violations are brought to light, these well-meaning publishers will be eager to correct their ways. Ha! That's a laugh!
Not only do these offending websites have no way to contact anyone, they are enshrouded in secrecy by unknown hosts who ironically invite you to "report abuse," only to inform you that they cannot accept responsibility for any individual blog publisher's offenses. If you want to try posting a comment to communicate the violation, you usually need to register and log in, divulging all your own personal information, so your comment will ultimately get picked up by Google associated with a less-than-reputable website in some future search that will follow you to your grave. (Is this where we're headed, as members of this Google-dominated culture we live in?)
As I was searching the title of my article which is how I discovered the stolen usages, I saw something else which made me realize what a tangled web we weave on the Internet. One instance of my article used my title verbatim, but what followed in the body of the article was what appeared to be an error-ridden, broken-English, horrendous translation from some other language, which suggested that this article had gone full circle. I imagined someone publishing my English-language article in say, Chinese, for example, and someone translating it back into English to use it on the website where I found it. Let's just say I wasn't a bit unhappy about the lack of attribution in this situation!
But this is sad... a very sad state of affairs, wouldn't you agree? Or isn't it, rather, "Wake up and smell the coffee! This is reality, so get over it"? Hence, my resignation. As a person with wavering self-esteem to begin with, I accept having someone pirate my work to call his own in the same way I accept someone cutting me off in traffic, or cutting ahead of me in line at the grocery store. It's gotten to be so commonplace that what else can you do but just shrug your shoulders about it? Sure, you could make a scene but ironically in today's society, you would be running the risk of getting arrested for breach of peace and instigating a public disturbance. That would be a perfect example of today's justice. No thanks. I'd rather just look the other way and be glad that they're not hauling me off as the real criminal for publishing interesting articles that tempt others to steal them.
But... just a minute! Isn't that a website that has actually included my name as the author? And included a link to my picture and website as well? Well, now. Isn't that nice of someone, to be so kind! Funny how abiding by the rules we're all supposed to be following is the new supernatural, worthy of reverence usually reserved for the divine or the immortal.
Are we so jaded that merely obeying the law of the land has been elevated to an act of sainthood, and deserving of the grand prize awarded only to superhumans? I guess it follows then that telling the truth, showing respect, offering help and being fair are also beyond expectation for normal individuals, and anyone exhibiting such behavior should be honored with recognition as one of today's superheroes. Never mind that many religions teach "Thou shalt not steal"; in fact, raised as a Catholic, I was taught not to even "covet" my neighbor's goods, let alone go so far as to steal them. It was wrong to even "lust" after them, to use a term made famous (or would it be "infamous"?) by Jimmy Carter in a Playboy interview back in 1976. And certainly in civil law, everyone knows it is a punishable offense to take something that doesn't belong to you. But this is more than that. It is not only taking it, but gaining glory from it as well! And in some instances, it is even gaining revenue from it because of advertising that appears as a result of its saleability and magnetic appeal, drawing cybertraffic to fulfill promised ad viewership. That should fall under a more grievous category and worthy of an even bigger punishment.
And if I were inclined to contact a copyright lawyer, I would be advised of my many rights in such a case. I would also be informed that I would be responsible for payment to the lawyer to represent me whether he was successful in apprehending the guilty party or not. Another case of divine justice gone bad. My rights are violated and I pay as a result. No pain, no gain, right? The pain being my shock and awe at having been so flagrantly ripped off; my outrage at having someone else impersonate me as the author; and my disgust at needing to pay a lawyer to defend my rights. The gain? Obviously all in the thief's court, so to speak.
Marilyn Bontempo, president of Mid-Hudson Marketing since 1975, has extensive experience guiding business leaders, directors, and professionals with successful strategies for business growth and sustenance. Long-term relationships have been established with law firms, medical practices, pharmaceutical companies, real estate executives, and a variety of other trade, corporate and industrial specialists. Her professional writing, photographic, design and aesthetic specialties provide clients with proven methods of achieving successful branding and public image. Mid-Hudson Marketing is a top New York advertising, marketing, website and graphic design firm located in Dutchess County's Poughkeepsie area specializing for more than 35 years in the creation and management of high quality branding for business success. With numerous prestigious awards to its credit, the firm's services include full scale advertising programs; expert website development and search engine optimization; professional writing and ghostwriting; blog setup and management; e-commerce and email marketing; outdoor billboards; trade show and point-of-purchase displays; sell sheets, posters, flyers, brochures, and catalogs; logos and trademarks; photo enhancements; direct mail marketing; newsletters; public relations; and more: call (845) 493-0070. For more info, please visit: http://www.midhudsonmarketing.com
What about copyright laws? Unless you want to waste lots of money hiring a lawyer to chase after every thief and take them to court only to get a judgement against them which they probably will never pay, what is the use? And that's if you're lucky. Most of the time in cases of Internet violation, you can never even locate the person responsible, let alone convict him of the crime. But it's not money I'm after. If I were, why in heaven's name would I be writing articles for Internet article directories who don't pay for use of their articles? I write for such sites to get the benefit of linkbacks for my website and blog. What are linkbacks? They are a vital component of SEO (search engine optimization), as links back to my website from highly ranked, popular websites, which contributes to my achieving page one search results for my own website when appropriate keywords are searched on Google. It's complicated but it works.
I recently was searching for some javascript code I could use to do something clever on my website. When I found what I wanted to adapt, I checked to see what the terms of use were. The writer of the code very humbly asked for a mere $5 if you wanted to remove his name from the invisible credits that would only appear where other code seekers would see it. Otherwise, it was free. How can you not respect a request like that? I happily left his name even though I needed to spend many hours tweaking the code to work in my situation but felt a certain kinship with this skilled individual that engendered the utmost in admiration and obedience. I treat others the way I wish to be treated myself.
It certainly was upsetting when I first realized that my articles were being used improperly and published as if written by someone on the website where I happened to find them. I checked the usage policies of the article websites to which I had submitted my articles which stated that it was required that articles be published with a signature line (meaning, author's name) along with a link to the author's website.
After reading that, I thought, "Oh, great! Maybe they will help me enforce their policies." But after further reading I quickly learned that it was my responsibility to do any policework, notifying offenders of what they so innocently had overlooked. Once such violations are brought to light, these well-meaning publishers will be eager to correct their ways. Ha! That's a laugh!
Not only do these offending websites have no way to contact anyone, they are enshrouded in secrecy by unknown hosts who ironically invite you to "report abuse," only to inform you that they cannot accept responsibility for any individual blog publisher's offenses. If you want to try posting a comment to communicate the violation, you usually need to register and log in, divulging all your own personal information, so your comment will ultimately get picked up by Google associated with a less-than-reputable website in some future search that will follow you to your grave. (Is this where we're headed, as members of this Google-dominated culture we live in?)
As I was searching the title of my article which is how I discovered the stolen usages, I saw something else which made me realize what a tangled web we weave on the Internet. One instance of my article used my title verbatim, but what followed in the body of the article was what appeared to be an error-ridden, broken-English, horrendous translation from some other language, which suggested that this article had gone full circle. I imagined someone publishing my English-language article in say, Chinese, for example, and someone translating it back into English to use it on the website where I found it. Let's just say I wasn't a bit unhappy about the lack of attribution in this situation!
But this is sad... a very sad state of affairs, wouldn't you agree? Or isn't it, rather, "Wake up and smell the coffee! This is reality, so get over it"? Hence, my resignation. As a person with wavering self-esteem to begin with, I accept having someone pirate my work to call his own in the same way I accept someone cutting me off in traffic, or cutting ahead of me in line at the grocery store. It's gotten to be so commonplace that what else can you do but just shrug your shoulders about it? Sure, you could make a scene but ironically in today's society, you would be running the risk of getting arrested for breach of peace and instigating a public disturbance. That would be a perfect example of today's justice. No thanks. I'd rather just look the other way and be glad that they're not hauling me off as the real criminal for publishing interesting articles that tempt others to steal them.
But... just a minute! Isn't that a website that has actually included my name as the author? And included a link to my picture and website as well? Well, now. Isn't that nice of someone, to be so kind! Funny how abiding by the rules we're all supposed to be following is the new supernatural, worthy of reverence usually reserved for the divine or the immortal.
Are we so jaded that merely obeying the law of the land has been elevated to an act of sainthood, and deserving of the grand prize awarded only to superhumans? I guess it follows then that telling the truth, showing respect, offering help and being fair are also beyond expectation for normal individuals, and anyone exhibiting such behavior should be honored with recognition as one of today's superheroes. Never mind that many religions teach "Thou shalt not steal"; in fact, raised as a Catholic, I was taught not to even "covet" my neighbor's goods, let alone go so far as to steal them. It was wrong to even "lust" after them, to use a term made famous (or would it be "infamous"?) by Jimmy Carter in a Playboy interview back in 1976. And certainly in civil law, everyone knows it is a punishable offense to take something that doesn't belong to you. But this is more than that. It is not only taking it, but gaining glory from it as well! And in some instances, it is even gaining revenue from it because of advertising that appears as a result of its saleability and magnetic appeal, drawing cybertraffic to fulfill promised ad viewership. That should fall under a more grievous category and worthy of an even bigger punishment.
And if I were inclined to contact a copyright lawyer, I would be advised of my many rights in such a case. I would also be informed that I would be responsible for payment to the lawyer to represent me whether he was successful in apprehending the guilty party or not. Another case of divine justice gone bad. My rights are violated and I pay as a result. No pain, no gain, right? The pain being my shock and awe at having been so flagrantly ripped off; my outrage at having someone else impersonate me as the author; and my disgust at needing to pay a lawyer to defend my rights. The gain? Obviously all in the thief's court, so to speak.
Marilyn Bontempo, president of Mid-Hudson Marketing since 1975, has extensive experience guiding business leaders, directors, and professionals with successful strategies for business growth and sustenance. Long-term relationships have been established with law firms, medical practices, pharmaceutical companies, real estate executives, and a variety of other trade, corporate and industrial specialists. Her professional writing, photographic, design and aesthetic specialties provide clients with proven methods of achieving successful branding and public image. Mid-Hudson Marketing is a top New York advertising, marketing, website and graphic design firm located in Dutchess County's Poughkeepsie area specializing for more than 35 years in the creation and management of high quality branding for business success. With numerous prestigious awards to its credit, the firm's services include full scale advertising programs; expert website development and search engine optimization; professional writing and ghostwriting; blog setup and management; e-commerce and email marketing; outdoor billboards; trade show and point-of-purchase displays; sell sheets, posters, flyers, brochures, and catalogs; logos and trademarks; photo enhancements; direct mail marketing; newsletters; public relations; and more: call (845) 493-0070. For more info, please visit: http://www.midhudsonmarketing.com
Understanding Copyright Infringement by Richard Trott
Copyright is something that is very important when it comes to the protection of intellectual property. So basically, what is all the fuss around copyrighting? Well, to be short, it is a law that will protect any kind of work like literary works, musical works, movies, radio broadcasts and so on, from being redistributed or aired by someone else, which is not related in any way to them. These are called copyright laws and they will never let anyone use the content other have worked to create without the sole permission of the authors or creators of that certain content.
These laws are usually very stringent and they will depend on the country where each of us will be living in. So yes, if you are dealing with Copyright Infringement you should know that you are in for some big trouble. Let us now take a look at the various types of works that can be a subject of Copyright Infringements and which we have already mentioned above:
Photographs, sculpture, graphic work, architecture and so on are part of the artistic works. This means that these works are very imposing when it comes to the visuals side. If you fall in this category and have such works under your sleeve, then you should know that they are very well protected by the law.
Musical works includes everything that is related to music and you should know that not only will your lyrics be the subject of copyrighted protection, but also the notes that you have used in your songs.
Books, poems, business letters, they are all part of the literary works and it would take a long time if we were to name all of them here. You will never have to worry about your works being plagiarized by others, as there are stringent laws that will protect you from these people.
When it comes to Infringement of copyright,video recordings like movies, soundtracks, radio shows, they can also be very well covered by the law and even the soundtrack of a movie will be considered as part of the movie, even if it belongs to many artists. You are also in for the same benefits when it comes to sound recordings. Thus no one will be able to reproduce them without your permission.
So here you are, some of the things that copyrighting laws will cover. If you will ever find yourself in the situation of having your content plagiarized or used without your permission, you can safely turn to the law as you will be the winner of the dispute. If you wish to do some Copyright search, then you can use a Copyright application available for free on the internet.
If you would like to know more about Copyright and Copyright Infringement, please visit our website.
These laws are usually very stringent and they will depend on the country where each of us will be living in. So yes, if you are dealing with Copyright Infringement you should know that you are in for some big trouble. Let us now take a look at the various types of works that can be a subject of Copyright Infringements and which we have already mentioned above:
Photographs, sculpture, graphic work, architecture and so on are part of the artistic works. This means that these works are very imposing when it comes to the visuals side. If you fall in this category and have such works under your sleeve, then you should know that they are very well protected by the law.
Musical works includes everything that is related to music and you should know that not only will your lyrics be the subject of copyrighted protection, but also the notes that you have used in your songs.
Books, poems, business letters, they are all part of the literary works and it would take a long time if we were to name all of them here. You will never have to worry about your works being plagiarized by others, as there are stringent laws that will protect you from these people.
When it comes to Infringement of copyright,video recordings like movies, soundtracks, radio shows, they can also be very well covered by the law and even the soundtrack of a movie will be considered as part of the movie, even if it belongs to many artists. You are also in for the same benefits when it comes to sound recordings. Thus no one will be able to reproduce them without your permission.
So here you are, some of the things that copyrighting laws will cover. If you will ever find yourself in the situation of having your content plagiarized or used without your permission, you can safely turn to the law as you will be the winner of the dispute. If you wish to do some Copyright search, then you can use a Copyright application available for free on the internet.
If you would like to know more about Copyright and Copyright Infringement, please visit our website.
Sunday, November 21, 2010
Copyright Laws Are Serious and You Have the Right to Defend Your Work! by Lance Winslow
As a hobby writer in retirement and a highly prolific writer of e-books and online articles I can tell you that we have a severe problem on the Internet with copyright violations. I can't tell you how many of my articles have been stolen and placed onto other websites, and I've even seen where my articles were slightly rewritten and filled with anchored key words, and then the individuals who own the website leave my name on it. Not only does this make me look bad, but they have no right to use that content in that way.
Luckily, I claim copyright to what I write, and I have the right to defend myself, and my work. If you are a writer or you have intellectual property, or you have written books, or articles online or articles in electronic magazines you also have the same rights. The unfortunate challenge is that this problem is so pervasive that you can't possibly track down everyone that violates your copyrights, because no one has that much time in a day. Worse, if you hire someone to track down all these folks it could cost you a ton of money.
Nevertheless, if you can track down such individuals you may be surprised to find that you can serve them and have them come to court and they will actually have to pay you a good chunk of money. One newspaper in Las Vegas the Las Vegas Review Journal is going after people who have stolen their content and placed it on their blogs or websites. It is probably their contention that this endeavor will pay for itself, and the word will get out to folks online not to steal their content anymore.
They have every right to do this, although there are a lot of people online complaining about it, however, it's usually the people who have stolen the content, and that now found themselves in court, and don't want to pay. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 21,500 articles was a lot of work - because all the letters on his keyboard are now worn off.
Luckily, I claim copyright to what I write, and I have the right to defend myself, and my work. If you are a writer or you have intellectual property, or you have written books, or articles online or articles in electronic magazines you also have the same rights. The unfortunate challenge is that this problem is so pervasive that you can't possibly track down everyone that violates your copyrights, because no one has that much time in a day. Worse, if you hire someone to track down all these folks it could cost you a ton of money.
Nevertheless, if you can track down such individuals you may be surprised to find that you can serve them and have them come to court and they will actually have to pay you a good chunk of money. One newspaper in Las Vegas the Las Vegas Review Journal is going after people who have stolen their content and placed it on their blogs or websites. It is probably their contention that this endeavor will pay for itself, and the word will get out to folks online not to steal their content anymore.
They have every right to do this, although there are a lot of people online complaining about it, however, it's usually the people who have stolen the content, and that now found themselves in court, and don't want to pay. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 21,500 articles was a lot of work - because all the letters on his keyboard are now worn off.
Can You Copyright News Headlines? by Adele A Pace
This article addresses the law relating to copyright in news headlines and explores the case law relating to whether media publishers can protect their headlines as original literary works.
Media companies have tried to claim copyright protection over newspaper headlines reproduced on the internet. News publishers have claimed that news headlines qualify for copyright protection as original literary works under copyright legislation. As early as 1918 in the case of International News Service v Associated Press 248 U.S. 215 the US Supreme Court has held that there can be no copyright in facts or 'news of the day'.
Courts have been reluctant to afford literary copyright to titles, characters and news headlines. However newspaper publishers see the reproduction or abstracting of headlines as theft of their content. Newspaper publishers have tried to obtain copyright protection in their headlines as discrete original literary works under copyright legislation.
For copyright protection to exist a literary work must exist and not every piece of writing or printing will constitute a literary work within the meaning of the law.
Typically, single words, short phrases, advertising slogans, characters and news headlines have been refused copyright protection even where they have been invented or newly coined by an author. The courts have given different reasons for denying copyright protection to such works. One reason offered is that the 'works' are too trivial or not substantial enough to qualify for copyright protection. The case of Exxon Corporation v Exxon Insurance Consultants Ltd (1981) 3 All ER 241 is a leading English precedent where copyright was refused for the word Exxon as an original literary work.
Exxon argued it enjoyed copyright in the word Exxon having invested time and energy in employing linguists to invent the word, contending that the actual size of the literary work doesn't preclude a work from acquiring copyright protection. The court found that the work was too short or slight to amount to a copyright work.
The Court also stated that although the word was invented and original it had no particular meaning comparing it with the word 'Jabberwocky' used for Lewis Carroll's famous poem. US case law has only recognised limited intellectual property rights in invented names or fictional characters in exceptional cases. There is no modern english or Australian case which has recognised that titles, phrases, song and book titles should be granted copyright protection.
Publishers asserting copyright in headlines say that compiling and arresting headlines involve a high degree of novelty and creativity, and should qualify as original literary works. To be a literary work, a work has to convey pleasure or afford enjoyment or instruction. It must also be original and to satisfy the test of originality it must be original not just in the sense of originating from an identifiable author rather than copied, but also original in the particular form of expression in which an author conveys ideas or information. This is because copyright is not meant to protect facts or ideas.
The question whether copyright can subsist in newspaper headlines was discussed briefly by a Judge in a Scottish case called Shetland Times Ltd v Wills [1997] FSH 604. The Judge didn't arrive at a final conclusion as to whether a newspaper headline can be a literary work, but expressed reservations about granting copyright to headlines, especially where they only provide a brief indication of the subject matter of the items they refer to in an article.
Newspaper headlines are similar in nature to titles of a book or other works and titles, slogans and short phrases which have been refused copyright protection. In the case of IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14, the High Court held that no copyright can subsist in a programme title alone. The Courts have based their reasons for refusing copyright protection to such works both of the basis that they are too short (see Francis Day & Hunter Ltd v Twentieth Century Fox Corp Ltd (194) AC 112) or alternatively that titles of newspapers, songs, magazines, books, single words and advertising slogans lack sufficient originality to attract copyright protection.
The title 'Opportunity Knocks' for a game show was refused protection, as was the title "The Man who Broke the Bank at Monte Carlo" for a song and "Splendid Misery" for a novel. Courts have also refused copyright protection for invented names such as Kojak and newspaper titles such as 'The Mirror'. Such titles and names may however be protected by other forms of intellectual property such as trademark law or the tort of passing off.
Whilst Courts have recognised that newspaper headlines may involve creative flair and be clever and engaging but represent little more than the fact or idea conveyed.
Adele Pace - http://www.pacelegal.com.au - For more resources on internet law, e-commerce and intellectual property.
Media companies have tried to claim copyright protection over newspaper headlines reproduced on the internet. News publishers have claimed that news headlines qualify for copyright protection as original literary works under copyright legislation. As early as 1918 in the case of International News Service v Associated Press 248 U.S. 215 the US Supreme Court has held that there can be no copyright in facts or 'news of the day'.
Courts have been reluctant to afford literary copyright to titles, characters and news headlines. However newspaper publishers see the reproduction or abstracting of headlines as theft of their content. Newspaper publishers have tried to obtain copyright protection in their headlines as discrete original literary works under copyright legislation.
For copyright protection to exist a literary work must exist and not every piece of writing or printing will constitute a literary work within the meaning of the law.
Typically, single words, short phrases, advertising slogans, characters and news headlines have been refused copyright protection even where they have been invented or newly coined by an author. The courts have given different reasons for denying copyright protection to such works. One reason offered is that the 'works' are too trivial or not substantial enough to qualify for copyright protection. The case of Exxon Corporation v Exxon Insurance Consultants Ltd (1981) 3 All ER 241 is a leading English precedent where copyright was refused for the word Exxon as an original literary work.
Exxon argued it enjoyed copyright in the word Exxon having invested time and energy in employing linguists to invent the word, contending that the actual size of the literary work doesn't preclude a work from acquiring copyright protection. The court found that the work was too short or slight to amount to a copyright work.
The Court also stated that although the word was invented and original it had no particular meaning comparing it with the word 'Jabberwocky' used for Lewis Carroll's famous poem. US case law has only recognised limited intellectual property rights in invented names or fictional characters in exceptional cases. There is no modern english or Australian case which has recognised that titles, phrases, song and book titles should be granted copyright protection.
Publishers asserting copyright in headlines say that compiling and arresting headlines involve a high degree of novelty and creativity, and should qualify as original literary works. To be a literary work, a work has to convey pleasure or afford enjoyment or instruction. It must also be original and to satisfy the test of originality it must be original not just in the sense of originating from an identifiable author rather than copied, but also original in the particular form of expression in which an author conveys ideas or information. This is because copyright is not meant to protect facts or ideas.
The question whether copyright can subsist in newspaper headlines was discussed briefly by a Judge in a Scottish case called Shetland Times Ltd v Wills [1997] FSH 604. The Judge didn't arrive at a final conclusion as to whether a newspaper headline can be a literary work, but expressed reservations about granting copyright to headlines, especially where they only provide a brief indication of the subject matter of the items they refer to in an article.
Newspaper headlines are similar in nature to titles of a book or other works and titles, slogans and short phrases which have been refused copyright protection. In the case of IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14, the High Court held that no copyright can subsist in a programme title alone. The Courts have based their reasons for refusing copyright protection to such works both of the basis that they are too short (see Francis Day & Hunter Ltd v Twentieth Century Fox Corp Ltd (194) AC 112) or alternatively that titles of newspapers, songs, magazines, books, single words and advertising slogans lack sufficient originality to attract copyright protection.
The title 'Opportunity Knocks' for a game show was refused protection, as was the title "The Man who Broke the Bank at Monte Carlo" for a song and "Splendid Misery" for a novel. Courts have also refused copyright protection for invented names such as Kojak and newspaper titles such as 'The Mirror'. Such titles and names may however be protected by other forms of intellectual property such as trademark law or the tort of passing off.
Whilst Courts have recognised that newspaper headlines may involve creative flair and be clever and engaging but represent little more than the fact or idea conveyed.
Adele Pace - http://www.pacelegal.com.au - For more resources on internet law, e-commerce and intellectual property.
Sunday, November 14, 2010
Beware of Copyright Infringement When Recording Sound Effects by Alan M McKinney
Copyright is a set of rights assigned to the owner/creator of a piece of original work. Those rights are assigned automatically upon creation of the work. For the sound recordist and designer, these rights are essential in order to give control over any sound recordings created and how they can be used. It's fair to say they are the lifeblood of our work.
Copyright must be respected and considered at all times when recording sound effects. It's easy to overlook possible copyright infringements when out in the busy world recording. We are bombarded with recorded sound on a daily basis and it has become an ingrained part of our lives. From advertising and television and radio programmes to toys and ringtones, copyright material is everywhere and it's very easy to accidentally capture sound under copyright in a sound effect recording. If you do, it renders that sound effect unusable with the possibility of serious legal action being taken against you.
So just how easy is it to accidentally capture copyright material in a sound effect recording? The short answer is very easy. On many occasions I have been in the studio editing down recordings I have just made and realised I captured a ringtone of a passing person's phone or music being played in a passing car. It may sound insignificant, but those ringtones or that music is under copyright and it's illegal to record or distribute copyrighted work without permission from the copyright owner.
I have compiled a list of just some of the copyrighted sounds we hear regularly and may accidentally capture when recording sound effects:
1. Music - music is everywhere: on the radio; television; stereo system; background music in shops; restaurants and bars; computer games; toys; gadgets; sporting events and more.
2. Ringtones - most modern cell phones have a range of recorded ringtones available and many are under copyright. Even that old sound of a 'Bell' telephone is probably a recording and under copyright.
3. Toys and Games - electronic toys and games often use short audio recordings. From an action figure's spoken catchphrase to the buzzer on a board game, they are probably under copyright.
4. Computer Games - It's almost a certainty that the audio in any computer game is under copyright, including amusement arcade games.
5. Software - All those interface beeps, button clicks, musical signatures etc. are all likely to be under copyright.
6. Recorded Announcements - These can be some of the easiest copyright infringements to make. Recorded announcements can be heard in: train stations; airports; bus/coach terminals; sporting events; trains; aircraft; busses; ferries; elevators; shops and many more places.
So remember to always consider what and where you are recording. Take time to listen to the surroundings of where you are going to record to establish the risk of recording copyrighted material. It won't only be a waste of your time if you do but can land you in serious legal trouble.
Alan McKinney is the founder and co-owner of http://www.soundscalpel.com a professional sound effect and production music library and professional sound designer with over 15 years experience.
Copyright must be respected and considered at all times when recording sound effects. It's easy to overlook possible copyright infringements when out in the busy world recording. We are bombarded with recorded sound on a daily basis and it has become an ingrained part of our lives. From advertising and television and radio programmes to toys and ringtones, copyright material is everywhere and it's very easy to accidentally capture sound under copyright in a sound effect recording. If you do, it renders that sound effect unusable with the possibility of serious legal action being taken against you.
So just how easy is it to accidentally capture copyright material in a sound effect recording? The short answer is very easy. On many occasions I have been in the studio editing down recordings I have just made and realised I captured a ringtone of a passing person's phone or music being played in a passing car. It may sound insignificant, but those ringtones or that music is under copyright and it's illegal to record or distribute copyrighted work without permission from the copyright owner.
I have compiled a list of just some of the copyrighted sounds we hear regularly and may accidentally capture when recording sound effects:
1. Music - music is everywhere: on the radio; television; stereo system; background music in shops; restaurants and bars; computer games; toys; gadgets; sporting events and more.
2. Ringtones - most modern cell phones have a range of recorded ringtones available and many are under copyright. Even that old sound of a 'Bell' telephone is probably a recording and under copyright.
3. Toys and Games - electronic toys and games often use short audio recordings. From an action figure's spoken catchphrase to the buzzer on a board game, they are probably under copyright.
4. Computer Games - It's almost a certainty that the audio in any computer game is under copyright, including amusement arcade games.
5. Software - All those interface beeps, button clicks, musical signatures etc. are all likely to be under copyright.
6. Recorded Announcements - These can be some of the easiest copyright infringements to make. Recorded announcements can be heard in: train stations; airports; bus/coach terminals; sporting events; trains; aircraft; busses; ferries; elevators; shops and many more places.
So remember to always consider what and where you are recording. Take time to listen to the surroundings of where you are going to record to establish the risk of recording copyrighted material. It won't only be a waste of your time if you do but can land you in serious legal trouble.
Alan McKinney is the founder and co-owner of http://www.soundscalpel.com a professional sound effect and production music library and professional sound designer with over 15 years experience.
International Copyright Protection by Ramaswami Natarajan
Copyright Intellectual Property can be protected at National and International. Copyright has international protection such as Berne convention, universal copyright convention, WIPO copyright Treaty, Rome convention, Brussels convention etc.
The International union for the protection of literary and artistic works was established in 1886 in Berne, Switzerland. It is popularly known as Berne Convention. It entered into force on 5th December, 1887 and it has been revised for five times. It is administered by world intellectual property organization (WIPO). The Berne convention has 38 articles and special provisions for the developing countries. The convention has established a minimum of protection of life plus 50 years or an alternative of fifty years from publication of anonymous work and pseudonymous work. India is a member of the Berne convention.
One of the International copyright protections is Universal Copyright Convention (UCC). The universal copyright convention was signed and entered into force on September 6, 1952. It was revised on 1971 at Paris. The protection given is for published as well as unpublished works. The member countries must grant a minimum copyright term of 25 years from publication, or life of the author plus 25 years. The foreign authors of other member countries must be granted exclusively rights for at least seven years.
The next International Copyright protection for the performers, producers of phonogram and broadcasting organizations is Rome convention. The Rome convention was completed on October 26, 1961 and entered into force on may 18, 1964 basically intend to protect the neighboring rights. Phonogram is a sound recording. The rights in respect of phonograms and performances and broadcasting are called neighboring rights.
The benefits of this convention are performers, producers of phonograms and broadcasters. The protection is granted for twenty years term will vary according to the nature of work. The eligibility to participate in this convention is that a state must be a member of either of the Berne convention or the universal copyright convention.
Another International Copyright protection is WIPO copyright Treaty. It was adopted by the diplomatic conference at Geneva on December 20, 1996 and entered into force on January 1, 1996. This convention is for the protection of rights of performers and produces of phonograms. The term of protection is fifty years.
Some treaties convention gives protection for the unauthorized duplication. On October 29, 1971, the convention for the producers of phonograms against unauthorized duplication of their phonograms is signed at Geneva. The main purpose of this Geneva Convention is to fight against the practice of piracy by third parties.
The convention relating to the distribution of programme- carrying signals transmitted by satellite and audio- visual works is Brussels convention signed on may 21 1974. The main purpose is to battle the misappropriation of satellite signals on an international level. The treaty on international registration of audio-visual works Geneva signed on April 20, 1989 at Geneva. It deals with the registration of audio- visual works at the international level.
Ramaswami Natarajan Patent and Trademark Attorney is a co-founder of TMPsearchers.com. He created the India Patent Agent Examination Course syllabus. Provides Copyright registration services and can liaise at Indian Patent Office.
The International union for the protection of literary and artistic works was established in 1886 in Berne, Switzerland. It is popularly known as Berne Convention. It entered into force on 5th December, 1887 and it has been revised for five times. It is administered by world intellectual property organization (WIPO). The Berne convention has 38 articles and special provisions for the developing countries. The convention has established a minimum of protection of life plus 50 years or an alternative of fifty years from publication of anonymous work and pseudonymous work. India is a member of the Berne convention.
One of the International copyright protections is Universal Copyright Convention (UCC). The universal copyright convention was signed and entered into force on September 6, 1952. It was revised on 1971 at Paris. The protection given is for published as well as unpublished works. The member countries must grant a minimum copyright term of 25 years from publication, or life of the author plus 25 years. The foreign authors of other member countries must be granted exclusively rights for at least seven years.
The next International Copyright protection for the performers, producers of phonogram and broadcasting organizations is Rome convention. The Rome convention was completed on October 26, 1961 and entered into force on may 18, 1964 basically intend to protect the neighboring rights. Phonogram is a sound recording. The rights in respect of phonograms and performances and broadcasting are called neighboring rights.
The benefits of this convention are performers, producers of phonograms and broadcasters. The protection is granted for twenty years term will vary according to the nature of work. The eligibility to participate in this convention is that a state must be a member of either of the Berne convention or the universal copyright convention.
Another International Copyright protection is WIPO copyright Treaty. It was adopted by the diplomatic conference at Geneva on December 20, 1996 and entered into force on January 1, 1996. This convention is for the protection of rights of performers and produces of phonograms. The term of protection is fifty years.
Some treaties convention gives protection for the unauthorized duplication. On October 29, 1971, the convention for the producers of phonograms against unauthorized duplication of their phonograms is signed at Geneva. The main purpose of this Geneva Convention is to fight against the practice of piracy by third parties.
The convention relating to the distribution of programme- carrying signals transmitted by satellite and audio- visual works is Brussels convention signed on may 21 1974. The main purpose is to battle the misappropriation of satellite signals on an international level. The treaty on international registration of audio-visual works Geneva signed on April 20, 1989 at Geneva. It deals with the registration of audio- visual works at the international level.
Ramaswami Natarajan Patent and Trademark Attorney is a co-founder of TMPsearchers.com. He created the India Patent Agent Examination Course syllabus. Provides Copyright registration services and can liaise at Indian Patent Office.
Sunday, November 7, 2010
Copyright Law Online - Follow the Rules in France or Go Dark
by Lance Winslow
It looks like the European Union is all over the copyright violations happening online. Right now they are going after Piracy downloads of music, and movies. Next, however they will be going after digital books (eBooks), and stolen news articles which are put onto blogs, or copied into Internet forums. The UK has also talked about this, and they too are making laws to prevent copyright violations.
In the United States we have a huge lobby in Hollywood, in both the record industry and the film industry which is trying to prevent unauthorized downloads. In France, the UK, and all throughout the European Union, as well as the United States, Internet laws are being introduced that will allow government officials and regulators to turn off websites who violate copyrights.
In some cases there may be a three strikes law, but one of the biggest fears of people who own websites is that there will be false complaint from competitors and their sites will be shut down unnecessarily. Yes, this could happen in the United States as well, and there have been things tried in the past to shut down websites which may have malware on them.
We also know in the United States that the media companies, especially the newspapers which are nearly bankrupt have talked with the Federal Trade Commission and the Congress about the ongoing copyright piracy. Not long ago, there was a very interesting article in the Wall Street Journal titled; "All Eyes on France As Officials in First New Anti-Piracy Law," by Max Colchester which was published in the third week of October 2010.
The article states that in this new law in France warnings will be sent out to anyone who is suspected of downloading copyright material. In other words, Internet users could have their ISP turned off, which would mean they can't even get e-mails if they are caught downloading stuff. Three-strike type rule - and basically you would receive a set of warnings according to the article;
"your Internet connection has been used to commit acts, recognized by police authorities, which could be regarded as a breach of law," and at that point you would have to prove that you did or didn't personally do this, and then defend your right not to lose your Internet service. That's pretty scary isn't it? It sounds rather draconian in many cases. To get a full understanding of this topic, I recommend you go to the Wall Street Journal website and read that article.
Further, I'd like you to know that our think tank is been considering all this, and we are quite worried that this will be misused by authorities for various purposes; such as to limit political dissent, free speech, and exert more control over the society. In fact, it could also be something that happens in the United States. Perhaps, this is why The Electronic Freedom Foundation is also looking into all of this. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 21,500 articles was a lot of work - because all the letters on his keyboard are now worn off.
It looks like the European Union is all over the copyright violations happening online. Right now they are going after Piracy downloads of music, and movies. Next, however they will be going after digital books (eBooks), and stolen news articles which are put onto blogs, or copied into Internet forums. The UK has also talked about this, and they too are making laws to prevent copyright violations.
In the United States we have a huge lobby in Hollywood, in both the record industry and the film industry which is trying to prevent unauthorized downloads. In France, the UK, and all throughout the European Union, as well as the United States, Internet laws are being introduced that will allow government officials and regulators to turn off websites who violate copyrights.
In some cases there may be a three strikes law, but one of the biggest fears of people who own websites is that there will be false complaint from competitors and their sites will be shut down unnecessarily. Yes, this could happen in the United States as well, and there have been things tried in the past to shut down websites which may have malware on them.
We also know in the United States that the media companies, especially the newspapers which are nearly bankrupt have talked with the Federal Trade Commission and the Congress about the ongoing copyright piracy. Not long ago, there was a very interesting article in the Wall Street Journal titled; "All Eyes on France As Officials in First New Anti-Piracy Law," by Max Colchester which was published in the third week of October 2010.
The article states that in this new law in France warnings will be sent out to anyone who is suspected of downloading copyright material. In other words, Internet users could have their ISP turned off, which would mean they can't even get e-mails if they are caught downloading stuff. Three-strike type rule - and basically you would receive a set of warnings according to the article;
"your Internet connection has been used to commit acts, recognized by police authorities, which could be regarded as a breach of law," and at that point you would have to prove that you did or didn't personally do this, and then defend your right not to lose your Internet service. That's pretty scary isn't it? It sounds rather draconian in many cases. To get a full understanding of this topic, I recommend you go to the Wall Street Journal website and read that article.
Further, I'd like you to know that our think tank is been considering all this, and we are quite worried that this will be misused by authorities for various purposes; such as to limit political dissent, free speech, and exert more control over the society. In fact, it could also be something that happens in the United States. Perhaps, this is why The Electronic Freedom Foundation is also looking into all of this. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 21,500 articles was a lot of work - because all the letters on his keyboard are now worn off.
Copyright Laws Are Serious and You Have the Right to Defend Your Work!
by Lance Winslow
As a hobby writer in retirement and a highly prolific writer of e-books and online articles I can tell you that we have a severe problem on the Internet with copyright violations. I can't tell you how many of my articles have been stolen and placed onto other websites, and I've even seen where my articles were slightly rewritten and filled with anchored key words, and then the individuals who own the website leave my name on it. Not only does this make me look bad, but they have no right to use that content in that way.
Luckily, I claim copyright to what I write, and I have the right to defend myself, and my work. If you are a writer or you have intellectual property, or you have written books, or articles online or articles in electronic magazines you also have the same rights. The unfortunate challenge is that this problem is so pervasive that you can't possibly track down everyone that violates your copyrights, because no one has that much time in a day. Worse, if you hire someone to track down all these folks it could cost you a ton of money.
Nevertheless, if you can track down such individuals you may be surprised to find that you can serve them and have them come to court and they will actually have to pay you a good chunk of money. One newspaper in Las Vegas the Las Vegas Review Journal is going after people who have stolen their content and placed it on their blogs or websites. It is probably their contention that this endeavor will pay for itself, and the word will get out to folks online not to steal their content anymore.
They have every right to do this, although there are a lot of people online complaining about it, however, it's usually the people who have stolen the content, and that now found themselves in court, and don't want to pay. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 21,500 articles was a lot of work - because all the letters on his keyboard are now worn off.
As a hobby writer in retirement and a highly prolific writer of e-books and online articles I can tell you that we have a severe problem on the Internet with copyright violations. I can't tell you how many of my articles have been stolen and placed onto other websites, and I've even seen where my articles were slightly rewritten and filled with anchored key words, and then the individuals who own the website leave my name on it. Not only does this make me look bad, but they have no right to use that content in that way.
Luckily, I claim copyright to what I write, and I have the right to defend myself, and my work. If you are a writer or you have intellectual property, or you have written books, or articles online or articles in electronic magazines you also have the same rights. The unfortunate challenge is that this problem is so pervasive that you can't possibly track down everyone that violates your copyrights, because no one has that much time in a day. Worse, if you hire someone to track down all these folks it could cost you a ton of money.
Nevertheless, if you can track down such individuals you may be surprised to find that you can serve them and have them come to court and they will actually have to pay you a good chunk of money. One newspaper in Las Vegas the Las Vegas Review Journal is going after people who have stolen their content and placed it on their blogs or websites. It is probably their contention that this endeavor will pay for itself, and the word will get out to folks online not to steal their content anymore.
They have every right to do this, although there are a lot of people online complaining about it, however, it's usually the people who have stolen the content, and that now found themselves in court, and don't want to pay. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 21,500 articles was a lot of work - because all the letters on his keyboard are now worn off.
Sunday, October 31, 2010
Anti-Copyright - An Interesting Dilemma by Rishad Sukhia
Intellectual Property
Although the legal principles governing the concept of intellectual property (IP) have existed for centuries, it was the wake of the 19th Century that brought about the term "intellectual property" and only in the 20th Century did it become a more common issue. Nowadays, it is difficult to find a single intangible asset, whether it be an artistic, literary or musical work; an invention or a discovery or merely a symbol, design, word, phrase or piece of software, that is not protected by IP Law. IP deals with different types of creations of the mind for which property rights are attached. Some common forms of IP include copyrights, patents, trademarks and industrial design rights; the first of which will be our focus in this article.
The overarching concept of IP is premised on the notion of "a man's right to the product of his mind" which came from Ayn Rand, the famous Russian-American novelist, philosopher, playwright, and screenwriter. This basically means that if you (whether you are male or female) come up with an idea or creation, you are entitled to some ownership rights in that idea or creation. When described as such, the concept would seem to be appealing to virtually anyone; it seems fair and just. Why, then, is there something called "anti-copyright"?
Anti-Copyright
Defining the word 'copyright' is probably a good first step. It refers to the set of exclusive rights granted to the creator or author of an original work, embracing the right to copy, distribute and adapt the work. For example, software copyright deals with the rights attached to machine-readable software, often used by companies attempting to prevent the unauthorised copying of the software it personally created. Anti-copyright is thus, the absolute or partial opposition to copyright laws. But then one might ask: why would anyone be against the protection of a person's individual creation or idea? The fundamental anti-copyright argument runs directly counter to the classic copyright argument stipulating that, awarding developers temporary monopolies over a source of income from their works promotes creativity and development. Anti-copyright advocates maintain that copyright rarely benefits the society as a whole but rather serves to enrich a few at the expense of creativity. Furthermore, they point to flaws on both economic and cultural grounds that the concept of copyright has.
Economic Arguments
The economic arguments are founded on the notion that copyright produces an intellectual monopoly. The right of the creator to sell copies of his/her products or creations is not the controversial matter. It is the right to control how other people use their copies after sale which, is contentious according to anti-copyright proponents,as it creates a monopoly enforceable by law. Furthermore, proponents suggest that copyright laws increase the cost of creation and thus consequently decrease the incentive to create.
The French group Association des audionautes, although not completely anti-copyright, believe in moving towards the legalisation of peer to peer file-sharing where the artists can be compensated through a surcharge on internet service provider fees. Other groups such as Hipatia and Hacktivismo base their anti-copyright arguments on the concept of "freedom of knowledge", the idea that knowledge should be "shared in solidarity" and the contention that copyright law is hindering human progress.
Cultural Arguments
Do any of these arguments have any merit? To an extent, they clearly do, however the more important question we should be asking is: do they have any merit when balanced against an individual's right to benefit from an idea he/she independently created? Why should the hard work of one simply be distributed to and benefited from by others with no cost to them at all? Shouldn't an individual's hard work, effort and time be recognised and consequently awarded? The simple answer is yes; a creator is entitled to have his/her work protected and recognised and a creator is entitled to control what is done with his/her creation. But clearly this view is not shared by the leagues of anti-copyright advocates.
Interested in learning more about web design? Brightlabs is a leading website design company and provides expert advice to assist your business online.
Although the legal principles governing the concept of intellectual property (IP) have existed for centuries, it was the wake of the 19th Century that brought about the term "intellectual property" and only in the 20th Century did it become a more common issue. Nowadays, it is difficult to find a single intangible asset, whether it be an artistic, literary or musical work; an invention or a discovery or merely a symbol, design, word, phrase or piece of software, that is not protected by IP Law. IP deals with different types of creations of the mind for which property rights are attached. Some common forms of IP include copyrights, patents, trademarks and industrial design rights; the first of which will be our focus in this article.
The overarching concept of IP is premised on the notion of "a man's right to the product of his mind" which came from Ayn Rand, the famous Russian-American novelist, philosopher, playwright, and screenwriter. This basically means that if you (whether you are male or female) come up with an idea or creation, you are entitled to some ownership rights in that idea or creation. When described as such, the concept would seem to be appealing to virtually anyone; it seems fair and just. Why, then, is there something called "anti-copyright"?
Anti-Copyright
Defining the word 'copyright' is probably a good first step. It refers to the set of exclusive rights granted to the creator or author of an original work, embracing the right to copy, distribute and adapt the work. For example, software copyright deals with the rights attached to machine-readable software, often used by companies attempting to prevent the unauthorised copying of the software it personally created. Anti-copyright is thus, the absolute or partial opposition to copyright laws. But then one might ask: why would anyone be against the protection of a person's individual creation or idea? The fundamental anti-copyright argument runs directly counter to the classic copyright argument stipulating that, awarding developers temporary monopolies over a source of income from their works promotes creativity and development. Anti-copyright advocates maintain that copyright rarely benefits the society as a whole but rather serves to enrich a few at the expense of creativity. Furthermore, they point to flaws on both economic and cultural grounds that the concept of copyright has.
Economic Arguments
The economic arguments are founded on the notion that copyright produces an intellectual monopoly. The right of the creator to sell copies of his/her products or creations is not the controversial matter. It is the right to control how other people use their copies after sale which, is contentious according to anti-copyright proponents,as it creates a monopoly enforceable by law. Furthermore, proponents suggest that copyright laws increase the cost of creation and thus consequently decrease the incentive to create.
The French group Association des audionautes, although not completely anti-copyright, believe in moving towards the legalisation of peer to peer file-sharing where the artists can be compensated through a surcharge on internet service provider fees. Other groups such as Hipatia and Hacktivismo base their anti-copyright arguments on the concept of "freedom of knowledge", the idea that knowledge should be "shared in solidarity" and the contention that copyright law is hindering human progress.
Cultural Arguments
Do any of these arguments have any merit? To an extent, they clearly do, however the more important question we should be asking is: do they have any merit when balanced against an individual's right to benefit from an idea he/she independently created? Why should the hard work of one simply be distributed to and benefited from by others with no cost to them at all? Shouldn't an individual's hard work, effort and time be recognised and consequently awarded? The simple answer is yes; a creator is entitled to have his/her work protected and recognised and a creator is entitled to control what is done with his/her creation. But clearly this view is not shared by the leagues of anti-copyright advocates.
Interested in learning more about web design? Brightlabs is a leading website design company and provides expert advice to assist your business online.
Copyright Law: An Overview by J M Dawson
Copyright law is a property protection law that protects any type of literary property, such as literary work, music, films, sound recordings, artistic work, and dramatic work of the original writer or creator. The law comes into action the moment the work is created. This law helps in protecting the rights of the writers and creators.
Works Protected By Copyright Law
Literary works includes poems, shorts stories, business letters, books, novels, and any other type of original writing. Dramatic work includes dance, sound, and mimes. Musical works includes the rhymes, the musical notes, and the materials that affect the human ear, like harmonies or orchestras. Artistic works include photographs, sculptures, architecture, and graphics. Film and sound recording or broadcasts include sound tracks and the dramatic work that goes into making films.
Infringement Of Copyright Law
Any kind of recreation of these works is considered copyright infringement, and copyright law kicks in. The copyright law does not protect ideas or patents. Patents are protected by patent law.
Copyright law comes into effect as soon as a literary work is created. However, it is a good idea to protect the copyright of the material by indicating the copyrights after the work is completed, so any accidental reuse can be avoided. Further, one can register the work at a copyright office for safety purposes. This is especially applicable to some huge literary works, or innovative work, or any other high-value work, such as novels, new research, a good story, and many more. If a work is registered at the copyright office, any claim of ownership or any claim against misuse of copyrighted material can be dealt with successfully.
There are several copyright registration options available, online registration and in paper registration to name a few, and these cost less than $100 in registration fees.
Legal Recourse
If one finds that a particular work has been stolen and reproduced elsewhere, one can file a copyright infringement claim. However, the onus is on the claimant to prove that the material was originally created by him or her and prove that it had copyrights before the other party reproduced the work. If the material is registered at the copyrights office, it is easier to win the claim; however, if it is not registered, one would need an expert attorney to represent one's case.
If one is beginning any important literary or artistic work, which is high value, and if one believes that losing the work can cost a lot financially, one can hire a copyright attorney, who will ensure that the material is protected from the beginning and adequate safeguard measures are taken to prevent any accidental or intentional infringement.
Any printed material immediately comes under the purview of copyright law. However, the value of the printed matter differs from something nominal to high value. Thus, the impact of copyright infringement also varies based on the value and type of material. It is always a good practice to immediately register any printed material with a copyright office to avoid legal hassles and financial loss that may occur in the future.
Works Protected By Copyright Law
Literary works includes poems, shorts stories, business letters, books, novels, and any other type of original writing. Dramatic work includes dance, sound, and mimes. Musical works includes the rhymes, the musical notes, and the materials that affect the human ear, like harmonies or orchestras. Artistic works include photographs, sculptures, architecture, and graphics. Film and sound recording or broadcasts include sound tracks and the dramatic work that goes into making films.
Infringement Of Copyright Law
Any kind of recreation of these works is considered copyright infringement, and copyright law kicks in. The copyright law does not protect ideas or patents. Patents are protected by patent law.
Copyright law comes into effect as soon as a literary work is created. However, it is a good idea to protect the copyright of the material by indicating the copyrights after the work is completed, so any accidental reuse can be avoided. Further, one can register the work at a copyright office for safety purposes. This is especially applicable to some huge literary works, or innovative work, or any other high-value work, such as novels, new research, a good story, and many more. If a work is registered at the copyright office, any claim of ownership or any claim against misuse of copyrighted material can be dealt with successfully.
There are several copyright registration options available, online registration and in paper registration to name a few, and these cost less than $100 in registration fees.
Legal Recourse
If one finds that a particular work has been stolen and reproduced elsewhere, one can file a copyright infringement claim. However, the onus is on the claimant to prove that the material was originally created by him or her and prove that it had copyrights before the other party reproduced the work. If the material is registered at the copyrights office, it is easier to win the claim; however, if it is not registered, one would need an expert attorney to represent one's case.
If one is beginning any important literary or artistic work, which is high value, and if one believes that losing the work can cost a lot financially, one can hire a copyright attorney, who will ensure that the material is protected from the beginning and adequate safeguard measures are taken to prevent any accidental or intentional infringement.
Any printed material immediately comes under the purview of copyright law. However, the value of the printed matter differs from something nominal to high value. Thus, the impact of copyright infringement also varies based on the value and type of material. It is always a good practice to immediately register any printed material with a copyright office to avoid legal hassles and financial loss that may occur in the future.
Plagiarism sleuths tackle full-text biomedical articles
In scientific publishing, how much reuse of text is too much? Researchers at the Virginia Bioinformatics Institute at Virginia Tech and collaborators have shown that a computer-based text-searching tool is capable of unearthing questionable publication practices from thousands of full-text papers in the biomedical literature.
The first step in the process is to find out what is restated before zeroing in on who may have crossed an ethically unacceptable threshold. The findings, published in PLoS ONE, offer hope for curbing unethical scientific publication practice, a growing problem throughout the world.
"Building upon our earlier work reported in Science and Nature, which uncovered ethically questionable journal articles by comparing their abstracts, we have now re-tuned our computer program, eTBLAST, to scan thousands of full-text articles in PubMed Central, a freely available repository of full-text biomedical literature," said Harold "Skip" Garner, author on the paper and executive director of the Virginia Bioinformatics Institute. "Our goal was to measure how much and where in papers - for example, the introduction, methods or results sections - text is duplicated to establish the 'norm' in publishing. This will allow ethicists, which we are not, to begin to develop guidelines as to what is and what is not acceptable publication practice."
Although abstract search is an effective approach to detect potential plagiarism, full text analysis is needed to uncover all potential duplicate citations in the scientific literature. The researchers examined 72 011 full-text articles using the eTBLAST computer program, which is only the tip of the iceberg for the number of published biomedical articles in the archives.
"We found that most papers are novel, as expected in scientific reporting, but even in papers reporting novel results, certain sections, such as the introduction or methods section, frequently have large amounts of content that appear elsewhere," said Garner. The researchers went on to explain that the re-use of text in certain sections, such as the methods section of papers, where authors provide details on how the work was done, is not a bad thing because it is important to use the accepted and most consistent techniques. "We also expect that other sections like the results section to be very unique just like the abstract. And this is the case in the overwhelming majority of papers," said Garner.
The current study revealed that the introduction section tended to be copied the most in similar citations. Also review articles were confirmed as being particularly prone to repetition.
"We believe this type of research will help us write better, more informative scientific papers, and prepare reviewers and journal editors for interpreting the similarity results that are emerging from the computational analysis of scientific papers. This approach is becoming increasingly commonplace as part of the scientific review process," added Garner. "Before crossing the line between acceptable and unacceptable writing, it is important to know the location of the line," concluded Garner.
The first step in the process is to find out what is restated before zeroing in on who may have crossed an ethically unacceptable threshold. The findings, published in PLoS ONE, offer hope for curbing unethical scientific publication practice, a growing problem throughout the world.
"Building upon our earlier work reported in Science and Nature, which uncovered ethically questionable journal articles by comparing their abstracts, we have now re-tuned our computer program, eTBLAST, to scan thousands of full-text articles in PubMed Central, a freely available repository of full-text biomedical literature," said Harold "Skip" Garner, author on the paper and executive director of the Virginia Bioinformatics Institute. "Our goal was to measure how much and where in papers - for example, the introduction, methods or results sections - text is duplicated to establish the 'norm' in publishing. This will allow ethicists, which we are not, to begin to develop guidelines as to what is and what is not acceptable publication practice."
Although abstract search is an effective approach to detect potential plagiarism, full text analysis is needed to uncover all potential duplicate citations in the scientific literature. The researchers examined 72 011 full-text articles using the eTBLAST computer program, which is only the tip of the iceberg for the number of published biomedical articles in the archives.
"We found that most papers are novel, as expected in scientific reporting, but even in papers reporting novel results, certain sections, such as the introduction or methods section, frequently have large amounts of content that appear elsewhere," said Garner. The researchers went on to explain that the re-use of text in certain sections, such as the methods section of papers, where authors provide details on how the work was done, is not a bad thing because it is important to use the accepted and most consistent techniques. "We also expect that other sections like the results section to be very unique just like the abstract. And this is the case in the overwhelming majority of papers," said Garner.
The current study revealed that the introduction section tended to be copied the most in similar citations. Also review articles were confirmed as being particularly prone to repetition.
"We believe this type of research will help us write better, more informative scientific papers, and prepare reviewers and journal editors for interpreting the similarity results that are emerging from the computational analysis of scientific papers. This approach is becoming increasingly commonplace as part of the scientific review process," added Garner. "Before crossing the line between acceptable and unacceptable writing, it is important to know the location of the line," concluded Garner.
Sunday, October 17, 2010
Do You Own Your Intellectual Property - Copyright by Maria Anassutzi
Employees:
It is important first of all to ascertain whether the author is an employee as opposed to a consultant or freelance. In this regard, two questions must be clearly answered:
Having established that, the creator is an employee, in order to benefit from the statutory ownership provisions, the employer must show that, the work was created "in course of [the employee's] employment".
So, careful consideration must be given how this is defined in the contract of employment, including part-time, working from home etc.
Consultants:
As with all non-employees, consultants will, by default, own the copyright in the works they create during the consultancy. This applies even if they have been expressly commissioned to do the work.
So, for example, freelance photographers, portrait artists and consultant computer programmers will all be the first owners of their works, in preference to the person paying for their services. If this is not desired, then an assignment of the copyright must be put in place and, in event, the terms and scope of any licence should be clearly defined. As an assignment of future works, the best place to deal with it, is in the letter or terms of engagement.
Maria is founder and director of Anassutzi & Co limited a specialist legal and business strategy consultancy having previously held a number of senior positions including being partner and head of IP/IT in London. Maria speaks fluently Greek, Italian and has basic knowledge of the French language.
Maria is a seasoned multi-jurisdictional lawyer with vast experience in general corporate commercial law, specialising in intellectual property, information technology, e-commerce and outsourcing and having extensive in-house legal experience and having worked in City law firms and multinational companies.
- Is the author in fact an employee? And
- If so, was the work created in the course of employment?
- An employee is defined as someone employed under a contract of service. The courts will consider the contract as a whole, to see if it is strongly indicative of one form of relationship over another, taking into account factors such as:
- the degree of control being exercised,
- the provision of tools or equipment,
- entitlement to holidays,
- sick pay and
- the tax arrangements.
How to Copyright a Text, Song, Book, Screenplay, Manuscript Or Photos by Mat Grell
The intellectual property that may relate to getting your next song, book or screenplay protected:
Copyright
Each original work of authorship fixed in a tangible or electronic form, including text, graphics, and pictures can be the basis of one or more copyright applications. As a reminder, you should always include a notice on all web pages in the footer and all documents available on the website fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED.
Note if multiple authors or designers are contributing to the work and a single person or entity desires to own the collective work then the authors or designers must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement; otherwise, each contributor is owed a ratable share of the profits realized from use, license, or sale of the work.
Contracts
Ownership rights should be clearly defined in an Assignment /work-made-for-hire agreement or set forth as clauses in authorship service agreements requiring agreement on intellectual property ownership by all parties participating in creation of the work.
Please do not take any shortcuts or casually skip over and of these steps. Too often, a business idea or product really takes off in the marketplace and there are no contracts in place as to which parties are responsible for having controlling rights of the product. In turn, money comes in and the courts end up deciding who should get it. Do not let this happen to you!
© 2009, Mat Grell; all rights reserved, world-wide.
* This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with a patent attorney.
Mat Grell, U.S. Patent Attorney
http://www.bgiplaw.com/
BG IP Law, LLC is an intellectual property law firm that serves clients nationwide including Patents, Trademarks, Copyrights, & Licensing.
Copyright
Each original work of authorship fixed in a tangible or electronic form, including text, graphics, and pictures can be the basis of one or more copyright applications. As a reminder, you should always include a notice on all web pages in the footer and all documents available on the website fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED.
Note if multiple authors or designers are contributing to the work and a single person or entity desires to own the collective work then the authors or designers must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement; otherwise, each contributor is owed a ratable share of the profits realized from use, license, or sale of the work.
Contracts
Ownership rights should be clearly defined in an Assignment /work-made-for-hire agreement or set forth as clauses in authorship service agreements requiring agreement on intellectual property ownership by all parties participating in creation of the work.
Please do not take any shortcuts or casually skip over and of these steps. Too often, a business idea or product really takes off in the marketplace and there are no contracts in place as to which parties are responsible for having controlling rights of the product. In turn, money comes in and the courts end up deciding who should get it. Do not let this happen to you!
© 2009, Mat Grell; all rights reserved, world-wide.
* This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with a patent attorney.
Mat Grell, U.S. Patent Attorney
http://www.bgiplaw.com/
BG IP Law, LLC is an intellectual property law firm that serves clients nationwide including Patents, Trademarks, Copyrights, & Licensing.
Sunday, October 10, 2010
Beware of Copyright Infringement When Recording Sound Effects by Alan M McKinney
Copyright is a set of rights assigned to the owner/creator of a piece of original work. Those rights are assigned automatically upon creation of the work. For the sound recordist and designer, these rights are essential in order to give control over any sound recordings created and how they can be used. It's fair to say they are the lifeblood of our work.
Copyright must be respected and considered at all times when recording sound effects. It's easy to overlook possible copyright infringements when out in the busy world recording. We are bombarded with recorded sound on a daily basis and it has become an ingrained part of our lives. From advertising and television and radio programmes to toys and ringtones, copyright material is everywhere and it's very easy to accidentally capture sound under copyright in a sound effect recording. If you do, it renders that sound effect unusable with the possibility of serious legal action being taken against you.
So just how easy is it to accidentally capture copyright material in a sound effect recording? The short answer is very easy. On many occasions I have been in the studio editing down recordings I have just made and realised I captured a ringtone of a passing person's phone or music being played in a passing car. It may sound insignificant, but those ringtones or that music is under copyright and it's illegal to record or distribute copyrighted work without permission from the copyright owner.
I have compiled a list of just some of the copyrighted sounds we hear regularly and may accidentally capture when recording sound effects:
1. Music - music is everywhere: on the radio; television; stereo system; background music in shops; restaurants and bars; computer games; toys; gadgets; sporting events and more.
2. Ringtones - most modern cell phones have a range of recorded ringtones available and many are under copyright. Even that old sound of a 'Bell' telephone is probably a recording and under copyright.
3. Toys and Games - electronic toys and games often use short audio recordings. From an action figure's spoken catchphrase to the buzzer on a board game, they are probably under copyright.
4. Computer Games - It's almost a certainty that the audio in any computer game is under copyright, including amusement arcade games.
5. Software - All those interface beeps, button clicks, musical signatures etc. are all likely to be under copyright.
6. Recorded Announcements - These can be some of the easiest copyright infringements to make. Recorded announcements can be heard in: train stations; airports; bus/coach terminals; sporting events; trains; aircraft; busses; ferries; elevators; shops and many more places.
So remember to always consider what and where you are recording. Take time to listen to the surroundings of where you are going to record to establish the risk of recording copyrighted material. It won't only be a waste of your time if you do but can land you in serious legal trouble.
Alan McKinney is the founder and co-owner of http://www.soundscalpel.com/ a professional sound effect and production music library and professional sound designer with over 15 years experience.
Copyright must be respected and considered at all times when recording sound effects. It's easy to overlook possible copyright infringements when out in the busy world recording. We are bombarded with recorded sound on a daily basis and it has become an ingrained part of our lives. From advertising and television and radio programmes to toys and ringtones, copyright material is everywhere and it's very easy to accidentally capture sound under copyright in a sound effect recording. If you do, it renders that sound effect unusable with the possibility of serious legal action being taken against you.
So just how easy is it to accidentally capture copyright material in a sound effect recording? The short answer is very easy. On many occasions I have been in the studio editing down recordings I have just made and realised I captured a ringtone of a passing person's phone or music being played in a passing car. It may sound insignificant, but those ringtones or that music is under copyright and it's illegal to record or distribute copyrighted work without permission from the copyright owner.
I have compiled a list of just some of the copyrighted sounds we hear regularly and may accidentally capture when recording sound effects:
1. Music - music is everywhere: on the radio; television; stereo system; background music in shops; restaurants and bars; computer games; toys; gadgets; sporting events and more.
2. Ringtones - most modern cell phones have a range of recorded ringtones available and many are under copyright. Even that old sound of a 'Bell' telephone is probably a recording and under copyright.
3. Toys and Games - electronic toys and games often use short audio recordings. From an action figure's spoken catchphrase to the buzzer on a board game, they are probably under copyright.
4. Computer Games - It's almost a certainty that the audio in any computer game is under copyright, including amusement arcade games.
5. Software - All those interface beeps, button clicks, musical signatures etc. are all likely to be under copyright.
6. Recorded Announcements - These can be some of the easiest copyright infringements to make. Recorded announcements can be heard in: train stations; airports; bus/coach terminals; sporting events; trains; aircraft; busses; ferries; elevators; shops and many more places.
So remember to always consider what and where you are recording. Take time to listen to the surroundings of where you are going to record to establish the risk of recording copyrighted material. It won't only be a waste of your time if you do but can land you in serious legal trouble.
Alan McKinney is the founder and co-owner of http://www.soundscalpel.com/ a professional sound effect and production music library and professional sound designer with over 15 years experience.
Get Your Trademark With Search, Classes and Registration by Mukesh Singh Kumar
In every country now it seems to get some over strict rules for corporate sector. For developing countries like for India, China, Singapore and many more that involves in export and import are compulsory to follow all types of business rules and regulations. These countries comprise wide range of corporate sectors offer different types of products and services to the world market. In this all world leading companies usually hire the services of business law companies that facilitate all types paper work and other business legal solutions to these business houses at the international level. There are many business companies that offer all these types business law services to corporate sector of different level. Among the different services trademark search India, federal trademark search, company registrations, company formations, company names search, trademark monitor, paralegal trademark, copyright registration, PCT filling in India, patent trademark attorney, brand registration, logo registration, trademark infringement and many more. All these services involve huge paper work that should be submitted to particular law office scattered to the different sections of the globe and it is very easy for these business law companies to come over with these legal services that must be follow by different business houses world wide.
Among these services trademark registration is one of the most demanded and favorable legal services of the corporate sector. Trademark is a mark in the form of design, logo, attractive words or phase that represents a particular company in the world market. As per the rule one should not use / copied / misuse other's trademark previously registered by the trademark register office. There are many rules and procedures to be follow for trademark registration including describing a mark to the trademark registration application, when it was first used along with classification and describing the services or products on which the mark will be used. Apart from these trademark search plays an important role for business houses where these business law companies facilitates the complete search for trademark with its legal availability. As in many cases there are chances to get trademark which is not legally available.
Mainly during the time of trademark litigation, these business law firms played a vital role for the cheated company where they have to submit claim application and many other processes have to follow in order to get justice. Apart from these trademark watch and trademark classes are also offered by law firms under which the classification of trade mark has taken place. These classifications involve the types of services or products under which the trademark is to register. These legal firms assist you in selecting classification and deciding what type of products you have and under which classification your trademark is to be get registered. Besides these, there are many services that one should follow in order to get all types of benefits at the corporate level. It is recommended to follow as without following it is very difficult to run business smoothly across its boundaries in the long run.
"Get Your Trademark with Search, Classes and Registration" is a useful article for trademarkregistration. Get more useful information about trademark litigation, trademark watch, and trademark classes.
Among these services trademark registration is one of the most demanded and favorable legal services of the corporate sector. Trademark is a mark in the form of design, logo, attractive words or phase that represents a particular company in the world market. As per the rule one should not use / copied / misuse other's trademark previously registered by the trademark register office. There are many rules and procedures to be follow for trademark registration including describing a mark to the trademark registration application, when it was first used along with classification and describing the services or products on which the mark will be used. Apart from these trademark search plays an important role for business houses where these business law companies facilitates the complete search for trademark with its legal availability. As in many cases there are chances to get trademark which is not legally available.
Mainly during the time of trademark litigation, these business law firms played a vital role for the cheated company where they have to submit claim application and many other processes have to follow in order to get justice. Apart from these trademark watch and trademark classes are also offered by law firms under which the classification of trade mark has taken place. These classifications involve the types of services or products under which the trademark is to register. These legal firms assist you in selecting classification and deciding what type of products you have and under which classification your trademark is to be get registered. Besides these, there are many services that one should follow in order to get all types of benefits at the corporate level. It is recommended to follow as without following it is very difficult to run business smoothly across its boundaries in the long run.
"Get Your Trademark with Search, Classes and Registration" is a useful article for trademarkregistration. Get more useful information about trademark litigation, trademark watch, and trademark classes.
Sunday, October 3, 2010
How Generic-Trademark Lost Its Luggage! by Cheryl L. Hodgson, J.D.
The costly and belated attempt of Hotels.com to create a protectible trademark and brand from a generic domain name illustrates a point I have been ranting about to internet business owners for several years. A generic term will never be a trademark or brand for the product or service being sold. Before investing thousands of dollars in marketing and advertising solely under a generic or descriptive domain name, consider adopting and registering a term that can be a valuable brand. A strong trademark will distinguish your services and can be used to stake out your turf in the marketplace.
Early internet marketers and domain aggregators have spent the last 10 years creating misinformation and leaving many internet businesses with weak or no brand protection. Marketers in their quest to secure easy search rankings, as well as domain resellers seeking to drive up prices, failed to communicate this important message. Now it is not just my pet peeve, it is the law according to the U.S. Court of Appeals.
Despite spending huge amounts in legal fees to convince the court that HOTELS.COM could be a trademark, the efforts to retrieve its lost luggage failed. In re Hotels.com, L.P., 573 F.3d 1300 (Fed. Cir. 2009) affirmed that a generic word can NEVER be trademarked, at least not for the goods or services being sold under that name. The whole point of having trademarks is to identify source. By definition, a generic term cannot identify source. Do not be generic. Be unique. Get protected.
Hotels.com thought that by adding a dot-com to the generic word "hotels", they could get trademark protection. That is not the case. A word is still generic regardless if it has a dot-com or not. A dot-com merely shows internet commerce.
The only argument available to business owners who are wedded to a weak or generic term, is to throw money and legal fees into attempting to prove the term has "acquired distinctiveness" so that the public identifies the term with a particular business or source for goods and services. As was the case here, such efforts after the fact are an uphill battle not easily won. The company failed to persuade the board that its survey showing 76% of 277 consumers thought the domain name was a brand name was sufficient evidence. The board stated that "the survey design did not adequately reflect the difference between a brand name and a domain name."
So what does this mean now that it is not a trademark? It means that they cannot sue other companies who use the term "hotels.com" to trigger ads on Bing(TM), Google(TM) or other search engines. Try doing a search for "hotels.com" and see what comes up-the official website, plus Travelocity®, Priceline® and many more.
The TTAB cited other websites to demonstrate a competitive need for others to use "hotels" as part of their own domain names and trademarks.
Copyright 2008 Hodgson Law Group - Cheryl L. Hodgson, J.D.
For expert Branding advice visit: http://brandaideblog.com/. Visit us online: http://www.hodgson-law.com/.
BRANDAIDE: Driving Your Brand to Distinction
Early internet marketers and domain aggregators have spent the last 10 years creating misinformation and leaving many internet businesses with weak or no brand protection. Marketers in their quest to secure easy search rankings, as well as domain resellers seeking to drive up prices, failed to communicate this important message. Now it is not just my pet peeve, it is the law according to the U.S. Court of Appeals.
Despite spending huge amounts in legal fees to convince the court that HOTELS.COM could be a trademark, the efforts to retrieve its lost luggage failed. In re Hotels.com, L.P., 573 F.3d 1300 (Fed. Cir. 2009) affirmed that a generic word can NEVER be trademarked, at least not for the goods or services being sold under that name. The whole point of having trademarks is to identify source. By definition, a generic term cannot identify source. Do not be generic. Be unique. Get protected.
Hotels.com thought that by adding a dot-com to the generic word "hotels", they could get trademark protection. That is not the case. A word is still generic regardless if it has a dot-com or not. A dot-com merely shows internet commerce.
The only argument available to business owners who are wedded to a weak or generic term, is to throw money and legal fees into attempting to prove the term has "acquired distinctiveness" so that the public identifies the term with a particular business or source for goods and services. As was the case here, such efforts after the fact are an uphill battle not easily won. The company failed to persuade the board that its survey showing 76% of 277 consumers thought the domain name was a brand name was sufficient evidence. The board stated that "the survey design did not adequately reflect the difference between a brand name and a domain name."
So what does this mean now that it is not a trademark? It means that they cannot sue other companies who use the term "hotels.com" to trigger ads on Bing(TM), Google(TM) or other search engines. Try doing a search for "hotels.com" and see what comes up-the official website, plus Travelocity®, Priceline® and many more.
The TTAB cited other websites to demonstrate a competitive need for others to use "hotels" as part of their own domain names and trademarks.
Copyright 2008 Hodgson Law Group - Cheryl L. Hodgson, J.D.
For expert Branding advice visit: http://brandaideblog.com/. Visit us online: http://www.hodgson-law.com/.
BRANDAIDE: Driving Your Brand to Distinction
What Is the Most Important Requirement of a Trademark? by Wendy Moyer
Because a trademark has to be able to identify particular goods or services the most important requirement for a trademark is that it is distinctive. That is the only way that the trademark of one company can be distinguished from that of another company.
One of the most important reasons that trademarks need to be distinctive is that it will prevent potential customers from being tricked into purchasing a product from another company that they think was made by your company.
How Can You Make a Trademark Distinctive?
Trademarks can be made to be distinctive by having a unique or fantasy name, such as AACCCAA. Another way a trademark can become distinctive is if the trademark holder builds up recognition of the mark.
For example the word "Apple" is a very common word in the English language. However a computer and communications company was extremely successful promoting that name.
The Distinctiveness of a Trademark Can Vary Over Time
A trademark can become more or less distinctive as the years go by. If a trademark holder aggressively uses a trademark it can become more famous and subsequently may be identified more easily by the buying public.
However, if trademark holders becomes lax in their marketing and public relations efforts then the trademark may become a generic name that people use for every product in that category. You could probably think of a particular brand of tissues that this may have happened to.
Once a trademark is looked at as being a generic name by the public it can destroy all of the trademark rights that the holder of the trademark had earned. Therefore, it shouldn't be surprising to learn that the majority of trademark holders spend considerable time and money trying to stop people from using their trademarked name as a generic name.
Distinctiveness is Applicable to a Trademark as a Whole
The distinctiveness of a trademark is determined by its whole rather than its individual components. In other words, the words "heavenly" and "dreams" by themselves can be quite descriptive if they are used to describe a mattress. Alone they cannot be trademarked. But used together as "Heavenly Dreams" they may be able to be trademarked because they form an atypical juxtaposition which creates a certain amount of distinctiveness.
This does not mean that other companies could no longer use the words "heavenly" or "dreams" on their mattresses. But it would mean that if "Heavenly Dreams" is trademarked by another company they can't sell mattresses called "Heavenly Dreams."
Next, to find out more about how affordable trademarking a name can be go to => http://www.trademarks411.com/
One of the most important reasons that trademarks need to be distinctive is that it will prevent potential customers from being tricked into purchasing a product from another company that they think was made by your company.
How Can You Make a Trademark Distinctive?
Trademarks can be made to be distinctive by having a unique or fantasy name, such as AACCCAA. Another way a trademark can become distinctive is if the trademark holder builds up recognition of the mark.
For example the word "Apple" is a very common word in the English language. However a computer and communications company was extremely successful promoting that name.
The Distinctiveness of a Trademark Can Vary Over Time
A trademark can become more or less distinctive as the years go by. If a trademark holder aggressively uses a trademark it can become more famous and subsequently may be identified more easily by the buying public.
However, if trademark holders becomes lax in their marketing and public relations efforts then the trademark may become a generic name that people use for every product in that category. You could probably think of a particular brand of tissues that this may have happened to.
Once a trademark is looked at as being a generic name by the public it can destroy all of the trademark rights that the holder of the trademark had earned. Therefore, it shouldn't be surprising to learn that the majority of trademark holders spend considerable time and money trying to stop people from using their trademarked name as a generic name.
Distinctiveness is Applicable to a Trademark as a Whole
The distinctiveness of a trademark is determined by its whole rather than its individual components. In other words, the words "heavenly" and "dreams" by themselves can be quite descriptive if they are used to describe a mattress. Alone they cannot be trademarked. But used together as "Heavenly Dreams" they may be able to be trademarked because they form an atypical juxtaposition which creates a certain amount of distinctiveness.
This does not mean that other companies could no longer use the words "heavenly" or "dreams" on their mattresses. But it would mean that if "Heavenly Dreams" is trademarked by another company they can't sell mattresses called "Heavenly Dreams."
Next, to find out more about how affordable trademarking a name can be go to => http://www.trademarks411.com/
Sunday, September 26, 2010
Congress Considers Copyright Protection For Fashion Designs by Adam G. Garson, Esquire
Being intellectual property lawyers, our office frequently receives calls from young entrepreneurs asking us to copyright their latest fashion design. Sadly, we tell them that copyright does not offer the protection they seek and, in fact, they will have to enter the market place with the expectation that their designs, if good enough, will inspire "knock off" copies.
This state of affairs may change, however, should the Design Piracy Prohibition Act (H.R. 2196) become law. The bill, which was introduced in April by William (Bill) Delahunt, U.S. Representative, Massachusetts 10th District, offers copyright protection to fashion designs broadly defined as clothing, handbags, duffel bags, tote bags, and eyeglass frames.
The proposed legislation amends Chapter 13 of the Copyright Act, which offers design protection to a single category of useful articles, the design of boat hulls. Under current law, fashion designs are deemed "useful articles," defined by the Copyright Act as "an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information." 17 U.S.C. § 101.
Designs of useful articles can be protected under current copyright law "only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." Limited protection may be afforded by trademark (trade dress) and patent (design patents) law; however, these have not been practical alternatives for the fashion industry.
The proposed law provides only a three-year term of protection for fashion designs because fashion trends are typically short-lived. Other features of the bill provide that applications be filed with the U.S. Copyright Office, which would be required to maintain a publicly accessible, computerized database of protected fashion designs, including images. The bill makes protection unavailable for fashion designs that have been made public by the designer more than six months before the application for registration. It also narrows the definition of "innocent infringement" to impose liability for those who had a reasonable grounds to believe that design protection was claimed; and increases damages for infringement.
Keep in mind that Congress' previous attempts at providing copyright protection for fashion designs have been largely unsuccessful. We will follow this bill with interest. Click here to review and track this legislation.
Adam G. Garson is an attorney with the Media, Pennsylvania office of Lipton, Weinberger & Husick. LWH is an intellectual property, technology, litigation, and business law firm based in the Philadelphia region since the early 1990's. LWH provides its clients with a full range of legal services related to patents, trademarks, copyrights, trade secrets, Internet law, domain name disputes, business law, and litigation.
For more than 20 years, Adam Garson has represented individuals and business of all sizes in a wide spectrum of business, commercial litigation and intellectual property matters. He now concentrates his practice on copyright, trademark and computer/Internet law with a focus on assisting entrepreneurs and early-stage businesses, particularly in the technology sector. He also represent individuals in the entertainment and publishing industry.
Adam G. Garson, Esquire
LIPTON, WEINBERGER & HUSICK
agarson@lwh-law.com
http://www.lwh-law.com
http://www.garson-law.com
201 North Jackson Street
Media, PA 19063
Voice +1 610.565.7630
Fax +1 610.565.7631
This state of affairs may change, however, should the Design Piracy Prohibition Act (H.R. 2196) become law. The bill, which was introduced in April by William (Bill) Delahunt, U.S. Representative, Massachusetts 10th District, offers copyright protection to fashion designs broadly defined as clothing, handbags, duffel bags, tote bags, and eyeglass frames.
The proposed legislation amends Chapter 13 of the Copyright Act, which offers design protection to a single category of useful articles, the design of boat hulls. Under current law, fashion designs are deemed "useful articles," defined by the Copyright Act as "an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information." 17 U.S.C. § 101.
Designs of useful articles can be protected under current copyright law "only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." Limited protection may be afforded by trademark (trade dress) and patent (design patents) law; however, these have not been practical alternatives for the fashion industry.
The proposed law provides only a three-year term of protection for fashion designs because fashion trends are typically short-lived. Other features of the bill provide that applications be filed with the U.S. Copyright Office, which would be required to maintain a publicly accessible, computerized database of protected fashion designs, including images. The bill makes protection unavailable for fashion designs that have been made public by the designer more than six months before the application for registration. It also narrows the definition of "innocent infringement" to impose liability for those who had a reasonable grounds to believe that design protection was claimed; and increases damages for infringement.
Keep in mind that Congress' previous attempts at providing copyright protection for fashion designs have been largely unsuccessful. We will follow this bill with interest. Click here to review and track this legislation.
Adam G. Garson is an attorney with the Media, Pennsylvania office of Lipton, Weinberger & Husick. LWH is an intellectual property, technology, litigation, and business law firm based in the Philadelphia region since the early 1990's. LWH provides its clients with a full range of legal services related to patents, trademarks, copyrights, trade secrets, Internet law, domain name disputes, business law, and litigation.
For more than 20 years, Adam Garson has represented individuals and business of all sizes in a wide spectrum of business, commercial litigation and intellectual property matters. He now concentrates his practice on copyright, trademark and computer/Internet law with a focus on assisting entrepreneurs and early-stage businesses, particularly in the technology sector. He also represent individuals in the entertainment and publishing industry.
Adam G. Garson, Esquire
LIPTON, WEINBERGER & HUSICK
agarson@lwh-law.com
http://www.lwh-law.com
http://www.garson-law.com
201 North Jackson Street
Media, PA 19063
Voice +1 610.565.7630
Fax +1 610.565.7631
Trademark a Slogan to Protect Your Company From Business Theft by Wendy Moyer
When most people think of business theft they think about robberies, shoplifting, or embezzlement. However there's a much more devious type of theft that can happen to business owners that most people don't think much about.
It's called intellectual property theft and way too many companies do not do enough to prevent their intellectual property from being stolen. Then when it does happen they may not do anything about. That's because they may not realize the implications of the theft and how much it could end up costing them.
Intellectual property theft is the misuse or theft of proprietary information.
Some examples are:
1. Trademarks
Trademarks protect a company's name, logo, product names, package designs, and slogans.
2. Trade secrets
Trade secrets protect things like a restaurants signature recipes.
3. Copyrights
Copyrights protect things like computer code, video and audio recordings, and written material.
4. Patents
Patents protect discoveries and inventions.
How Much Can Intellectual Property Theft Cost a Company?
Even though trademark infringement, copyright violations, and other types of intellectual property theft might not cause any immediate financial losses they can ultimately be even more costly than physical thefts.
Records from the U.S. Department of Justice from this past decade show that when intellectual property theft defendants were convicted more than half of them had stolen intellectual property valued at more than $70,000. In addition, there were awards of a minimum of half a million dollars for almost 60% of the cases.
If your company has a slogan the only way that you will be able to protect it from being stolen is by having it trademarked.
After your slogan is trademarked you will always want to mark it clearly.
There are two basic trademark symbols. If you haven't registered it (which you should), you can garner some protection if you use the basic trademark symbol every time that the slogan (or your product name, etc) is mentioned.
After you register a trademark you can then use the symbol wherever it is appropriate.
If you have found that your trademark has been infringed upon on one of your websites your company can send a "DMCA notice" to the company that hosts the offending entity's website. This notice, which is part of the Digital Millennium Copyright Act (DMCA), should also be sent to the search engines and any other related parties.
The notice should force the hosting provider to remove the content. When the search engines receive the notice they may de-index the website so that potential new visitors will not be aware that the offending website even exists.
Whether trademark infringement has happened on line or off line you should also consider sending a cease and desist letter that details the trademark infringement and requests that the offending party promptly remove it and discontinue its use.
Next, to discover how easy it is to trademark a slogan, go to http://www.trademarks411.com/
It's called intellectual property theft and way too many companies do not do enough to prevent their intellectual property from being stolen. Then when it does happen they may not do anything about. That's because they may not realize the implications of the theft and how much it could end up costing them.
Intellectual property theft is the misuse or theft of proprietary information.
Some examples are:
1. Trademarks
Trademarks protect a company's name, logo, product names, package designs, and slogans.
2. Trade secrets
Trade secrets protect things like a restaurants signature recipes.
3. Copyrights
Copyrights protect things like computer code, video and audio recordings, and written material.
4. Patents
Patents protect discoveries and inventions.
How Much Can Intellectual Property Theft Cost a Company?
Even though trademark infringement, copyright violations, and other types of intellectual property theft might not cause any immediate financial losses they can ultimately be even more costly than physical thefts.
Records from the U.S. Department of Justice from this past decade show that when intellectual property theft defendants were convicted more than half of them had stolen intellectual property valued at more than $70,000. In addition, there were awards of a minimum of half a million dollars for almost 60% of the cases.
If your company has a slogan the only way that you will be able to protect it from being stolen is by having it trademarked.
After your slogan is trademarked you will always want to mark it clearly.
There are two basic trademark symbols. If you haven't registered it (which you should), you can garner some protection if you use the basic trademark symbol every time that the slogan (or your product name, etc) is mentioned.
After you register a trademark you can then use the symbol wherever it is appropriate.
If you have found that your trademark has been infringed upon on one of your websites your company can send a "DMCA notice" to the company that hosts the offending entity's website. This notice, which is part of the Digital Millennium Copyright Act (DMCA), should also be sent to the search engines and any other related parties.
The notice should force the hosting provider to remove the content. When the search engines receive the notice they may de-index the website so that potential new visitors will not be aware that the offending website even exists.
Whether trademark infringement has happened on line or off line you should also consider sending a cease and desist letter that details the trademark infringement and requests that the offending party promptly remove it and discontinue its use.
Next, to discover how easy it is to trademark a slogan, go to http://www.trademarks411.com/
Monday, September 20, 2010
When and How to Copyright Your Book by Melinda Copp
Copyrighting your book is an important step in the process of becoming an author because it helps protect against people taking or using your work without permission. But how do you get a copyright? And when should you file for one? If you're unsure about how to protect your work, consider the following suggestions.
First, a quick disclaimer: I am not an attorney, and this article should not be taken as legal advice. Please use this only as a guide for where to find more information about how to protect your work. And, keep in mind that this is for authors in the United States. Laws in other countries may be different.
Okay, so here are the most common questions about copyrighting a book.
How do I copyright my book?
The process is actually pretty easy. After your book is published, all you have to do is go to the U.S. Copyright Office web site download and complete the paperwork, and send it in with your payment and two bound copies of your book. If you like, you can file before your book is published, but then after publication, you'll need to re-file it as a published work.
Do I need to copyright my book before I show it to an agent/editor/writing coach/colleague/teacher?
No. As soon as you write your book, it's actually copyrighted. You automatically own all the rights to everything you write, and if someone tries to take it and claim it as theirs, you can pursue legal action against them and win. Filing an official copyright just gives you added protection in case something should happen.
I can't tell you how many times I've asked a potential client to send me their manuscript and they've said, "I haven't copyrighted it yet--o how do I know you're not going to steal it?" This is a common concern, but in all the years I've worked in the book world, I've never heard of anyone having their manuscript stolen by an editor or agent. Ever. Why? Because, like I said, your work is legally protected as soon as you write it.
What about the title?
Sorry. You can't copyright a title, which means that anyone can use the exact same title you've used for your book. However, you may be able to trademark it. For more information on that, visit uspto.gov for the U.S. Patent and Trademark Office.
How can I copyright my book idea?
You can't. Copyrights don't protect ideas, concepts, systems, or methods. If you write a description of your idea, or draw a picture of it, then you can copyright that.
Can I put the (c) symbol on my work, even if I haven't filed the official paperwork?
Yes, and you should. Use the symbol of the lowercase "C" inside the circle, or just (c), followed by the date the work was created to show that your work is protected.
Protecting your book with a copyright is essential. When you do it is up to you, but you'll definitely want to file after publication. It will help protect your work against plagiarism and use without permission. And if you have additional questions, the U.S. Copyright Office web site or talk to an attorney.
Melinda Copp helps aspiring self-help, business, and nonfiction authors write and publish books that establish expertise, achieve their goals, and share their message in a compelling way. Visit http://www.writerssherpaprograms.com/writeabook.html for a free copy of her Write Your Book Quick-Start Mini E-course.
First, a quick disclaimer: I am not an attorney, and this article should not be taken as legal advice. Please use this only as a guide for where to find more information about how to protect your work. And, keep in mind that this is for authors in the United States. Laws in other countries may be different.
Okay, so here are the most common questions about copyrighting a book.
How do I copyright my book?
The process is actually pretty easy. After your book is published, all you have to do is go to the U.S. Copyright Office web site download and complete the paperwork, and send it in with your payment and two bound copies of your book. If you like, you can file before your book is published, but then after publication, you'll need to re-file it as a published work.
Do I need to copyright my book before I show it to an agent/editor/writing coach/colleague/teacher?
No. As soon as you write your book, it's actually copyrighted. You automatically own all the rights to everything you write, and if someone tries to take it and claim it as theirs, you can pursue legal action against them and win. Filing an official copyright just gives you added protection in case something should happen.
I can't tell you how many times I've asked a potential client to send me their manuscript and they've said, "I haven't copyrighted it yet--o how do I know you're not going to steal it?" This is a common concern, but in all the years I've worked in the book world, I've never heard of anyone having their manuscript stolen by an editor or agent. Ever. Why? Because, like I said, your work is legally protected as soon as you write it.
What about the title?
Sorry. You can't copyright a title, which means that anyone can use the exact same title you've used for your book. However, you may be able to trademark it. For more information on that, visit uspto.gov for the U.S. Patent and Trademark Office.
How can I copyright my book idea?
You can't. Copyrights don't protect ideas, concepts, systems, or methods. If you write a description of your idea, or draw a picture of it, then you can copyright that.
Can I put the (c) symbol on my work, even if I haven't filed the official paperwork?
Yes, and you should. Use the symbol of the lowercase "C" inside the circle, or just (c), followed by the date the work was created to show that your work is protected.
Protecting your book with a copyright is essential. When you do it is up to you, but you'll definitely want to file after publication. It will help protect your work against plagiarism and use without permission. And if you have additional questions, the U.S. Copyright Office web site or talk to an attorney.
Melinda Copp helps aspiring self-help, business, and nonfiction authors write and publish books that establish expertise, achieve their goals, and share their message in a compelling way. Visit http://www.writerssherpaprograms.com/writeabook.html for a free copy of her Write Your Book Quick-Start Mini E-course.
The Importance of Registering a Trademark For Your Business
One of the most important investments you can make in your business is to protect your company's unique look, or "face" of your company. Whether this is in the form of a name, phrase, logo, word or symbol, if it represents your company, it should be protected. That is why officially registering a trademark for your business is such an important step.
There are many negative consequences that could happen to your business should you neglect to register a trademark. As a business, you could lose the image of your business should another company have the same or similar name, logo or phrase. If this occurs and the other company has their trademarks registered, you would not only lose yours, but may have to pay monetary damages for infringing on their trademark(s).
Unfortunately, many businesses have to deal with these and other consequences simply by the lack of having registered a trademark. Imagine the consequences that would affect your business should another company's registered trademark be the same or similar to yours.
Your business may have to completely re-design your logo, change your business name or create a new phrase or slogan. This could confuse your current customers and clients, vendors and affiliates. Not to mention the costs of re-printing all materials and the advertising it would take to get your company's new image in the public eye.
By registering your trademark, you are protecting your business from this and other possible negative scenarios that can happen to businesses that lack a trademark. Trademark registration protects your business and unique company logo, slogan or other image that you and your customers depend on to stay consistent and represent your products or services.
By registering your trademark, you are giving your company as well as yourself as a business owner several means of protection. Federal registration protects your trademark across the country, even if you aren't a national company. Depending on state laws, state trademark registration can offer additional trademark infringement protection.
The negative affects of not registering your trademark are just too great to neglect this important step for your company. And the protection that registering your trademark provides is too beneficial for you to be without.
Unfortunately, many businesses do neglect this step because of the time and hassle that a trademark registration process can take. However, there are companies and services that can help your company through the process, saving you time and money and getting the necessary work done so you can feel confident and secure.
Wendy Moyer is a professional writer. Trademarks 411 allows you to register a trademark easily with services including trademark searching and trademark application processing.
There are many negative consequences that could happen to your business should you neglect to register a trademark. As a business, you could lose the image of your business should another company have the same or similar name, logo or phrase. If this occurs and the other company has their trademarks registered, you would not only lose yours, but may have to pay monetary damages for infringing on their trademark(s).
Unfortunately, many businesses have to deal with these and other consequences simply by the lack of having registered a trademark. Imagine the consequences that would affect your business should another company's registered trademark be the same or similar to yours.
Your business may have to completely re-design your logo, change your business name or create a new phrase or slogan. This could confuse your current customers and clients, vendors and affiliates. Not to mention the costs of re-printing all materials and the advertising it would take to get your company's new image in the public eye.
By registering your trademark, you are protecting your business from this and other possible negative scenarios that can happen to businesses that lack a trademark. Trademark registration protects your business and unique company logo, slogan or other image that you and your customers depend on to stay consistent and represent your products or services.
By registering your trademark, you are giving your company as well as yourself as a business owner several means of protection. Federal registration protects your trademark across the country, even if you aren't a national company. Depending on state laws, state trademark registration can offer additional trademark infringement protection.
The negative affects of not registering your trademark are just too great to neglect this important step for your company. And the protection that registering your trademark provides is too beneficial for you to be without.
Unfortunately, many businesses do neglect this step because of the time and hassle that a trademark registration process can take. However, there are companies and services that can help your company through the process, saving you time and money and getting the necessary work done so you can feel confident and secure.
Wendy Moyer is a professional writer. Trademarks 411 allows you to register a trademark easily with services including trademark searching and trademark application processing.
Monday, September 13, 2010
Social Networking and TMI - Common Legal Mistakes People Make by Michael Wechsler
Over 100 million people use popular social networking and microblogging sites such as Facebook and Twitter. Every day members are having so much fun sharing their personal lives with their fans aka "followers" or with their "friends", they forget to act carefully and prudently while online. It's easy to lose yourself in the moment, such as drinking at a bar. But unlike having loose lips at the bar, your words on a social network stay there indefinitely for all to see - and that can cause significant problems. The bottom line is that Twitter, Facebook and other social networks can cause people to publicly provide "TMI" - Too Much Information.
Perhaps the most common question I have seen asked in legal advice forums is whether a person can lose their job due to a posting on Facebook or Twitter, usually one that might cast a negative light on the employer or their job. The answer to this question should be obvious - there is no First Amendment or other legal "right of free speech" to share whatever negative opinions you may have about your job and still remain employed.
A typical example of what I hear includes the following. An employee might be bored at work and wants to share this thought (like numerous other fleeting thoughts) with her "friends" on Facebook. What she might forget is that some of these "friends" might include her boss, other employees or people in common with the boss. When the employee reports for work the following day, she's told that her services are no longer needed and possibly she is told the motivation for her termination.
If the employee had a case against her employer based upon some other legally protected right, she may have made proving her case significantly more difficult. An employer typically does not need to explain to the employee the reason for termination but it becomes even more justifiable in this instance based upon the employee's own admission that she does not like her work and may not care to perform at a high level. In the United Kingdom a young woman was fired as a result of her Facebook posts. The employer's justification was that she was obviously not of the right state of mind to perform and her level of dissatisfaction and lack of enthusiasm at work caused low morale. It is difficult for any lawyer to argue against this position.
A more egregious case of misconduct occurred where a young man went out drinking one evening and called in work to take a sick day the following morning. He posted a short blurb on his Facebook page about his prior night's carousing until causing his own illness and need for a sick day. The human resources department at this man's workplace discovered his Facebook post and decided that it would terminate him since sick days were not meant to be taken in this manner. Once again, it would be difficult for any lawyer to find fault with the company's actions even if a legal right to work existed.
The bottom line - always think before you share a post on a social network. You should think twice as long before microblogging on sites like Twitter, where it's even easier to share something dangerous without thinking. There are likely no legal rights that will protect you from the consequences of your own actions of "speaking" in cyberspace without care.
Michael M. Wechsler, Esq. is an experienced lawyer and administrator of the Free Legal Advice Forums at TheLaw.com since 1995. As a successful attorney, he has worked on cases covering Internet law, copyright and trademark, personal injury, medical malpractice, employment and discrimination and immigration law. Michael is also known as "The Law Professor" and has a popular Internet and Technology Blog.
Perhaps the most common question I have seen asked in legal advice forums is whether a person can lose their job due to a posting on Facebook or Twitter, usually one that might cast a negative light on the employer or their job. The answer to this question should be obvious - there is no First Amendment or other legal "right of free speech" to share whatever negative opinions you may have about your job and still remain employed.
A typical example of what I hear includes the following. An employee might be bored at work and wants to share this thought (like numerous other fleeting thoughts) with her "friends" on Facebook. What she might forget is that some of these "friends" might include her boss, other employees or people in common with the boss. When the employee reports for work the following day, she's told that her services are no longer needed and possibly she is told the motivation for her termination.
If the employee had a case against her employer based upon some other legally protected right, she may have made proving her case significantly more difficult. An employer typically does not need to explain to the employee the reason for termination but it becomes even more justifiable in this instance based upon the employee's own admission that she does not like her work and may not care to perform at a high level. In the United Kingdom a young woman was fired as a result of her Facebook posts. The employer's justification was that she was obviously not of the right state of mind to perform and her level of dissatisfaction and lack of enthusiasm at work caused low morale. It is difficult for any lawyer to argue against this position.
A more egregious case of misconduct occurred where a young man went out drinking one evening and called in work to take a sick day the following morning. He posted a short blurb on his Facebook page about his prior night's carousing until causing his own illness and need for a sick day. The human resources department at this man's workplace discovered his Facebook post and decided that it would terminate him since sick days were not meant to be taken in this manner. Once again, it would be difficult for any lawyer to find fault with the company's actions even if a legal right to work existed.
The bottom line - always think before you share a post on a social network. You should think twice as long before microblogging on sites like Twitter, where it's even easier to share something dangerous without thinking. There are likely no legal rights that will protect you from the consequences of your own actions of "speaking" in cyberspace without care.
Michael M. Wechsler, Esq. is an experienced lawyer and administrator of the Free Legal Advice Forums at TheLaw.com since 1995. As a successful attorney, he has worked on cases covering Internet law, copyright and trademark, personal injury, medical malpractice, employment and discrimination and immigration law. Michael is also known as "The Law Professor" and has a popular Internet and Technology Blog.
Trademarks - Three Reasons You Should Trademark Your Business Name
If you own a business, it's a good idea to trademark your business' name. There are several reasons why this is a very important decision to make to ensure the stability of your business' future.
a. Protection - By trademarking your business' name, you receive federal protection as well as state law protection. The state protection varies from state to state, so it's important to check with your state to determine the level of protection you would receive if you had registered the trademark with your state.
b. Ownership - by trademarking your business name you own your business. No one else can use your business name for their own business reasons, and it ensures to your customers and clients that any business by that name is yours. If you don't trademark your original name, and then you change your business name, a new company can take your original name and confuse your current clients. Ownership of the name also allows you to expand upon the name and business in the future, should you want.
c. Money - By trademarking your business name, you hold all rights to the name itself. If your company uses a name that has already been trademarked, you may be required to immediately change your business' name and give up any and all profits for the use of the trademark. This may also include damages, fines and attorneys' fees.
Trademarks for your business name will definitely be beneficial to you in the long run. It will provide protection, true ownership of the business and prevent you from having to pay a great deal of money in legal fees in the end.
a. Protection - By trademarking your business' name, you receive federal protection as well as state law protection. The state protection varies from state to state, so it's important to check with your state to determine the level of protection you would receive if you had registered the trademark with your state.
b. Ownership - by trademarking your business name you own your business. No one else can use your business name for their own business reasons, and it ensures to your customers and clients that any business by that name is yours. If you don't trademark your original name, and then you change your business name, a new company can take your original name and confuse your current clients. Ownership of the name also allows you to expand upon the name and business in the future, should you want.
c. Money - By trademarking your business name, you hold all rights to the name itself. If your company uses a name that has already been trademarked, you may be required to immediately change your business' name and give up any and all profits for the use of the trademark. This may also include damages, fines and attorneys' fees.
Trademarks for your business name will definitely be beneficial to you in the long run. It will provide protection, true ownership of the business and prevent you from having to pay a great deal of money in legal fees in the end.
Tuesday, September 7, 2010
Trademark a Name and Logo - Together Or Separate? by Shannon Moore
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
Let's assume you've done your due diligence, had comprehensive research conducted and your name and logo are legally available. The next step is filing for a Federal trademark.
Now when it comes to filing, a big question is should the name and logo be filed together or separately?
This decision is going to depend on a number of circumstances, as with most things in the trademark world. Let's take some time to go through a few different scenarios:
1) Your comprehensive trademark research on the logo shows that it is legally available whereas the trademark research on the name shows a similar, not the same, name within a related, not the same, industry. Your trademark attorney may then advise you to file the name and logo together to ensure registration.
2) In showing your mark (e.g. advertising, web site, tags or labels, etc.), the logo is ALWAYS shown with the name but the name is sometimes shown without the logo. In this case, you may want to file two applications - the name and logo together AND the name alone.
3) The logo you're using is the crux of your brand and the name you're using is entirely descriptive of your goods/services. You may want to trademark your logo only OR trademark your logo alone AND trademark the name & logo together.
An important thing to keep in mind regardless of your particular situation is that whatever is filed with the USPTO is exactly how you should be using the mark. The USPTO wants to see your mark as you present it to your customers.
Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Shannon directly at 800.340.2010.
Let's assume you've done your due diligence, had comprehensive research conducted and your name and logo are legally available. The next step is filing for a Federal trademark.
Now when it comes to filing, a big question is should the name and logo be filed together or separately?
This decision is going to depend on a number of circumstances, as with most things in the trademark world. Let's take some time to go through a few different scenarios:
1) Your comprehensive trademark research on the logo shows that it is legally available whereas the trademark research on the name shows a similar, not the same, name within a related, not the same, industry. Your trademark attorney may then advise you to file the name and logo together to ensure registration.
2) In showing your mark (e.g. advertising, web site, tags or labels, etc.), the logo is ALWAYS shown with the name but the name is sometimes shown without the logo. In this case, you may want to file two applications - the name and logo together AND the name alone.
3) The logo you're using is the crux of your brand and the name you're using is entirely descriptive of your goods/services. You may want to trademark your logo only OR trademark your logo alone AND trademark the name & logo together.
An important thing to keep in mind regardless of your particular situation is that whatever is filed with the USPTO is exactly how you should be using the mark. The USPTO wants to see your mark as you present it to your customers.
Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Shannon directly at 800.340.2010.
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