New Copyright Guidebook Helps Instructors Avoid Copyright Violations

University Readers, a custom-publishing company servicing the academic market, is introducing the Copyright Guidebook to help instructors avoid copyright violations.

The New York Times recently reported a copyright infringement lawsuit filed by multiple publishers against Georgia State University (and several university administrators) for allegedly improperly distributing the publishers' content without permission. According to University Readers, this legal action highlights the need to educate instructors on copyright laws as they apply to the classroom, as well as the implications of not following best practices.

Its creators say the University Readers Copyright Guidebook was designed to clarify impressions and assumptions that many academics have about using an assortment of copyrighted material as a substitute for textbooks. For more information on proper classroom use of copyrighted materials, visit University Readers Copyright Page.

According to University Readers, the increasing use of previously published materials for custom textbooks, course packs and course readers is in part a response to the much-criticized increase in the price of off-the-shelf textbooks. However, many instructors who want students to read specific excerpts from books, articles, essays and other works are unclear about which content requires copyright clearance and how they can obtain proper clearance.

Furthermore, the company says many instructors are unaware of the personal repercussions for violations, which can be as much as $150,000 per infringement. Since securing copyright clearances is time-consuming and can be cumbersome, many professors simply don't spend the time or effort required to do so correctly. In turn, they unwittingly put their school or department at risk as a result.

The Georgia State lawsuit is an example of what can happen if proper copyright practices are not followed, says University Readers. In the lawsuit, according to The New York Times, 'Cambridge University Press, Oxford University Press and Sage Publications sued four university officials, asserting 'systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works' by Georgia State, which the university distributes through its Web site.'

The University Readers Copyright Guidebook was written to help instructors avoid getting tangled in this kind of legal mess. The guidebook is an easy-to-read primer on best copyright practices. Written in 'plain English' by a team of on-staff, custom-publishing experts -- and available on the University Readers Web site as a downloadable PDF-- the Copyright Guidebook condenses and summarizes a 24-page House Subcommittee Report on fair use and appropriate copying in educational settings.

Website: http://www.universityreaders.com/

Profits generated by popular product line subject of federal lawsuit

"The Secret," a motivational movie and book based on the "Law of Attraction," has spawned a worldwide phenomenon of DVD and book sales. Now, "The Secret" has prompted a lawsuit from the film's co-creator, Drew Heriot, who says he was denied profits from sales and is entitled to compensation.

Attorneys for Mr. Heriot, who co-authored the screenplay and directed "The Secret" movie, filed the federal lawsuit last week in the United States District Court for the Eastern District of Illinois/Eastern Division.

"To all who have been inspired by 'The Secret,' please know that I am not suing the universal principles of 'The Secret'" says Mr. Heriot. "Rather, I am suing the corporate principals behind 'The Secret,' who promised at the outset that profits would be shared, and who have not kept faith with 'The Secret's' tenets of gratitude and integrity."

The lawsuit alleges that Rhonda Byrne, executive producer of "The Secret," and Robert E. Rainone Jr., a Chicago businessman, conspired to deny Mr. Heriot's rights to co-ownership and profits from the movie and related works through a maze of U.S. and foreign-based companies. It is estimated that the combined gross revenue from DVD and book sales of "The Secret" currently exceeds $300 million.

"Although Rhonda Byrne has repeatedly claimed to be the sole creator of 'The Secret' and associated works, we have evidence that she and Drew Heriot collaborated and shared source materials to produce the original film and book," says Mr. Heriot's attorney Mark Werbner of the Dallas-based trial firm Sayles Werbner. "'The Secret' franchise would never have existed if it weren't for Drew, and all he's asking is to be compensated for his work and creative contributions."

Originally released in March of 2006 for DVD and online sales, "The Secret" uses a documentary format of interviews and dramatized sequences to present what is called the "Law of Attraction." Embraced by many self-help experts and the subject of extensive media coverage, the film teaches that thoughts and feelings attract real events into individuals' lives, creating a basis for a higher sense of personal and spiritual fulfillment.

"As Director, Drew gave 'The Secret' its distinctive approach and style. He created the structure and order for the film, conducted the vast majority of those interviews, worked for months on the screenplay, directed the most important dramatic scenes and supervised the editing and post production," says Mr. Werbner. "The book is essentially a transcript of the movie. Drew's pivotal role and ownership rights in these materials should be upheld, and we look forward to our day in court."

The lawsuit seeks a declaration that, as co-author and copyright holder, Mr. Heriot has a right to a full accounting of proceeds from all creative forms of "The Secret," as well as a percentage of those profits. The lawsuit also seeks financial compensation to Mr. Heriot for copyright infringement and unjust enrichment on the part of Ms. Byrne and other defendants.

Illinois Man Involved In Online Piracy Ring Is Sentenced

SCOTT CARRERA, 33, of Darien, Illinois, was sentenced today by Chief United States District Judge Robert N. Chatigny in Hartford to three years of probation, the first six months of which CARRERA must spend in home confinement. Judge Chatigny also ordered CARRERA to pay a fine in the amount of $7500 and to perform 120 hours of community service. On May 7, 2007, CARRERA pleaded guilty to one count of conspiracy to commit criminal copyright infringement. This matter stems from a multinational software piracy investigation known as "Operation Higher Education."

In pleading guilty, CARRERA admitted that, for more than two years, he was a participant in the "warez scene," an underground online community consisting of individuals and organized groups who engage in the large scale reproduction, modification and distribution of copyrighted software over the Internet. CARRERA served as a site administrator for a warez site known as "HOP" and assisted in the administration of a second warez server identified as "TOP." CARRERA assisted in the construction and maintenance of the "HOP" warez server, which contained a library of copyright-protected software, including movies, music, games and business software. As the site administrator, CARRERA allowed others to have access to the "HOP" server with the knowledge that they would upload new material to the server and download material for their own use. The "HOP" server contained more than 5000 pirated works, and CARRERA has admitted that he uploaded more than 180 and downloaded more than 2600 copyright-protected software titles.

"Operation Higher Education" is the largest component of the global law enforcement action known as "Operation Fastlink," announced by the Department of Justice on April 22, 2004. Twelve nations participated in "Operation Higher Education." The investigation yielded searches and seizures of more 70 high-level targets that were conducted in Belgium, Denmark, France, Germany, Hungary, Israel, the Netherlands, Singapore, Spain, Sweden, the United States, as well as Great Britain and Northern Ireland.

This matter was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Edward Chang and Matthew Bassiur from the Computer Crime and Intellectual Property Section of the Department of Justice.

Global Piracy Hurts Owners of Copyright - Big and Small

The damage of global intellectual property theft harms not only large content companies but individual creators as well, the Copyright Alliance pointed out today as the Office of the U.S. Trade Representative (USTR) released its annual report on worldwide intellectual property rights and enforcement.

"From the biggest multi-media company to the individual graphic artist working out of her home, global intellectual property theft is placing ever-increasing strain on an already stressed economy," said Alliance Executive Director Patrick Ross.

"Enforcing the intellectual property rights of creators - large and small - on a global scale is daunting but is also critical for a strong and vibrant U.S. economy.

"Demand for America's copyrighted works drives the nation's economy, creates personally and financially rewarding jobs and contributes to the positive side of the trade books. But intellectual property theft on a global scale is threatening America's creators.

"For example, just this week I learned of a graphic artist whose works, as well as others' illustrations, had been scraped off of his web site and repackaged without permission by a Hong Kong publisher that is now charging $100 for the book."

Ross applauded USTR for shining a spotlight on the issue of global intellectual property rights with its annual report and pointed to two recent studies about copyright, piracy and the economy.

AT A GLANCE:

Global piracy costs the U.S. economy $58 billion annually, nearly 375,000 jobs, $16.3 billion in annual earnings and $2.6 billion in tax revenue. SOURCE: "The True Cost of Copyright Industry Piracy to the U.S. Economy"; Stephen E. Siwek, Economists Inc. for the Institute for Policy Innovation, October 2007

Strong IP means strong GDP There is a direct relationship between strong property rights - including intellectual property rights - and per capita GDP. SOURCE: "2008 International Property Rights Index"; Property Rights Alliance, February 2008

Both studies can be found at the Copyright Alliance web site at http://www.copyrightalliance.org/documentsandresearch.

India's $4 Billion A Year Loss In Entertainment Industry Piracy

Veteran Indian filmmaker Bobby Bedi warned members of Congress about the massive problems of piracy and counterfeiting plaguing the entertainment industries in India and other developing countries at a special event leading up to World Intellectual Property Day on April 26. Bedi offered remarks in response to a recent study released by Ernst & Young stating that piracy and counterfeiting cost the Indian entertainment industry more than $4 billion a year representing almost 40 percent of their potential annual revenue.

Representative Diane Watson ( D-Calif. ), chair of the Congressional Entertainment Industries Caucus, noted the rampant piracy problems facing filmmakers like Bedi. "On World Intellectual Property Day we recognize the talent of creators around the globe who enrich our lives with their artistry and innovation. Tonight we hear the story of one filmmaker who has made a tremendous contribution to India's burgeoning entertainment industry. He represents one of the thousands of filmmakers around the world who are victims of piracy."

Congressional Intellectual Property Promotion and Piracy Prevention Caucus Chairs Tom Feeney ( R-Fla. ) and Robert Wexler ( D-Fla. ) also called for efforts to combat piracy here in the United States and abroad.

Michael P. Ryan, director of the Creative and Innovative Economy at the GW Law School, remarked, "Originality and innovation are essential to driving long-term growth in developing economies." He said that piracy creates a real dilemma for filmmakers like Bedi and curtails their imagination. "So long as pirates earn a high share of movie revenues, producers must focus on making relatively inexpensive movies. To finance a grander vision, the creators must receive not just the critical but also the monetary rewards of inventiveness." The Indian film industry is the largest in the world with more than 1,000 films produced each year.

Bedi is critically acclaimed for his work on films including Bandit Queen, Fire and Saathya. He currently is producing a three-film series on the Indian legend, the Mahabharata, which at an estimated cost of $70 million, will be India's most expensive movie venture ever. A television program, entertainment software, and a merchandising campaign also are planned.

World Intellectual Property Day celebrations take place in countries around the globe every year on April 26 and seek to increase public understanding intellectual property and how it shapes our world. This year's Capitol Hill event was organized in advance of the official date designated by the World Intellectual Property Organization.

The George Washington University Law School's Creative and Innovative Economy Center believes creativity and innovation are critical tools in fighting the war on poverty, eradicating disease, and improving the quality of human life through the arts and technology. The center's faculty conduct research and organize educational programs that demonstrate how creativity and innovation drive global economic development and contribute to advancements in healthcare.

For more information about the CIEC visit www.law.gwu.edu/ciec.

Protect Your Art Without Hiring a Lawyer

Learn how to register your own copyright with the United States Copyright Office without an expensive attorney or costly registration service when you download COPYRIGHT FOR ARTISTS: QUICK AND EASY COPYRIGHT PROTECTION, a new e-book written by attorney and jeweler Sarah Feingold, Esq. ($14.00 at http://www.copyrightforartists.com/ or http://www.attorneysarah.etsy.com/).

"You've worked really hard to produce your work, why not protect it?" says Feingold. "Attorneys usually charge upwards of $100.00 an hour to file a copyright registration. Copyright registration services can charge $150.00 for the same service. With my e-book, you can do this yourself!"

Whether you create art for fun, for profit, or both, Feingold says it is always advisable to register for copyright protection for your work: "Rights to your own original designs remain protected, and you will be prepared if anyone alleges that you violated someone's intellectual property rights. As an artist, it is important for you to know our rights, exercise your rights, and protect your rights."

Written in clear, simple-to-understand language, Feingold provides expert guidance and valuable advice about protecting your original works. More than 30 pages of basic definitions, examples, friendly at-a-glance charts, and important web links makes COPYRIGHT FOR ARTISTS an indispensable legal reference for business people, artists, teachers, and students associated with the craft industry.

In COPYRIGHT FOR ARTISTS, you will find ... basic copyright information; information about trademark law, patent law, trade secret law, and contract law; steps you need to take to register copyright for a work of visual art; links to U.S. Copyright registration forms; answers to frequently asked questions; and so much more!

Google Sued for Ad Program Fraud

Google is deceiving its customers into paying for ads they don't want, according to a federal class action lawsuit filed today by Kabateck Brown Kellner, LLP in U.S. District Court, Northern District of California in San Jose.

"This debunks Google's carefully cultivated image," said Brian Kabateck, who is lead counsel on the case and Managing Partner of Kabateck Brown Kellner.

"Google is hurting its customers on two fronts. Google is not only taking money out of customers' pockets, it's derailing their advertising strategies as well."

Kabateck recently won a multi-million dollar settlement from Yahoo! and was part of an earlier $90 million settlement from Google on behalf of advertisers who were victimized by "click fraud" to which the company turned a blind eye.

AdWords is Google's primary advertising program and is the main source of its revenue. AdWords ads appear on Google.com as well as on Google partner sites like Ask.com. AdWords ads, however, may also appear on third-party Web sites, which use AdSense, the other side of the Google advertising model.

Google charges its advertising customers when someone "clicks" on one of their ads. During the sign-up process, users tell Google the maximum that they are willing to pay per "click."

During this process, users encounter two adjacent boxes. Into the first, customers enter the amount they wish to pay per "click" of an ad displayed on Google.com. The second box is marked "optional." Into this box, a user can enter the amount they would be willing to pay per "click" of an ad appearing on a third party web page. But leaving the box blank does not prevent ads from appearing on third-party sites. (NOTE: a screen cap is available upon request.)

Instead, Google places the ads on third-party sites anyway. And users are automatically charged per click based on the amount they entered into the first box. This suit arises from the fact that both actions occur without the user being informed.

Ads on third-party sites are widely-acknowledged to be far less effective (and therefore less valuable to the advertiser) than ads on Google.com. Google, of course, still profits greatly from these ads.

"People go to Google hoping that some of its magic will rub off on them," Kabateck added. "Instead, Google's sleight of hand deception is making their money disappear."

Kabateck Brown Kellner, LLP is one of the nation's foremost consumer law firms. Its clients have won more than $750 million against Coca Cola, Farmer's Insurance, Eli Lilly and other major corporations. As a plaintiff's-only firm, Kabateck Brown Kellner is always on the consumers' side.