Copyright, patents, trademarks and trade secrets are all ways in which people can protect their intellectual property. However, there are key differences between each of the protective instruments with regard to their exact protection.
Copyright is one of the most commonly used tools in IP cases. According to the government’s copyright office, it protects “original works, including literary, dramatic, musical, and artistic works, such as poetry, novels, songs, films, software and architecture. ” But, it does not cover or protect ” facts, ideas, systems or methods of operation”. In simple terms, most would see a “C” in a circle (representing the copyright) in a book, on a CD, in video games and even in-game scripts.
This form of intellectual property law is designed to protect the creator. Consumers like you could run the risk of copyright infringement without even knowing it. For this reason, it is good to know how to respect the rules of use of the work with the seal ©. It is important to keep in mind that even if a work does not declare the copyright symbol, it can still be protected by law. Bold Patents describes the idea behind copyright when writing, “the author or creator has the rights to work and can decide if and how others use their creation.” This is particularly illegal if you use a copyrighted work of someone for commercial purposes. Bold Patents also list some examples of copyright infringement that may seem trivial to consumers but are in fact illegal.
- Download movies and music without payment appropriate for use
- Recording of films at the theatre
- Use other photographs for a blog without permission
- Copy of the software without giving the appropriate credit
- Create videos with unlicensed music clips
- Copy books, blogs or podcasts without permission
Violation of copyright in everyday life
Sometimes, if you’re writing an article for school or work, or creating a PowerPoint presentation, you have to use the work of someone who is already protected by copyright. So, how do you use it without committing a copyright infringement? All you have to do is ask the worst they can say, no, no? But if they refuse, there are many pieces of the public domain that can help you complete your project without having to commit copyright infringement.
PUBLIC DOMAIN AND HOW IS IT AGAINST INFRINGEMENT OF COPYRIGHT?
Material that is not protected by copyright is considered a public domain. You can not commit copyright infringement in public domain works. These works include objects whose copyright has expired or is not intellectual property, such as government publications, titles, jokes and ideas. Some creators (writers, musicians, artists and others) have deliberately placed their work in the public domain, without ever obtaining copyright, by providing a Creative Commons affiliation. Creative Commons allows people who create material to lose some or all of their copyrights and to place their work partially or totally in the public domain.
HOW TO ENSURE YOU DO NOT ENGAGE WITH AN OFFENSE OF COPYRIGHT
First, if you plan to use someone else’s material, you can check the public domain to see if something is suitable for its use, instead of trying to use the copyright of another person. However, if you can not find something that is suitable (and cannot create something for yourself), the best thing (and your only legal action course) is to find a what is copyright protected and contact the copyright owner.
When you get in touch with the copyright holder, make sure you tell them what you want to use for your blog, podcast, or report, and ask if you can use them. You may have to pay either attribution or royalties in your piece, or both. The creator can also place many limitations on when and how he can use his material. Follow all the instructions given to you and you will be free and clear to use their work as you wish.
Once you have permission to use a copyrighted work, you must make sure that you stay within the agreed boundaries. If you deviate from the agreed terms, you can initiate a copyright infringement claim, which can be unpleasant, time-consuming and expensive. If you have any questions, before contacting the copyright holder, contact a Bold Patents to make sure you are following the law and protecting yourself!
If you have a trademark you want to register, or if you believe another person is already violating your trademark rights, visit BoldPatent.com to schedule your free consultation.
J.D. Houvener, CEO, Bold Patents Law Firm | 800-849-1913 | boldpatents.com