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What is copyright infringement
What Is Copyright Infringement? The Layperson's Copyright Primer
Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you?re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you?re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you?re following the law ? this will keep you from being sued or, even worse, punished in a court of law.
What is Copyright Infringement?
Copyright infringement, as defined by Wikipedia.org, states: ?Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.?
So, what is copyright infringement in plain English? It means that if you?re not allowed to use something, then don?t use it ? plain and simple. It can be very simple to get permission to use a work ? many times you?ll be able to use a ?sample? of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder ? whether it?s an author or a publishing house ? you can be sued for copyright infringement or worse.
What is Copyright Infringement in America?
In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong ? not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant ? they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith.
What is Copyright Infringement in action?
Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing ? such as in music, when the inspiration of one song is used to create an entirely different song ? it?s difficult to see where the new product or ?thing? has crossed the line to something illegal. Some works aren?t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we?ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry.
As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you?re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you?ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ?what is copyright infringement? to learn the most up-to-date information for your jurisdiction.
Ghost Writer: Who Uses Them and Why (ghost writer) A ghost writer is someone who is hired to write for another person under their name. In most cases ghostwriters do the work while the hiring person gets the credit. The use of a ghost writer is huge business. People in virtually every aspect of life could use a ghost writer. A ghost writer will need the ability to become the person they are writing for. The writer has to be able to use their mannerisms, their words, and their way of speaking. The writing must read like they are coming from the person themselves. Being a ghost writer means that you give absolutely all rights to the credited author. You will need to decide if it is worth it for someone else to take credit for your work. There will be confidentiality clauses in your ghost writing contracts. They will state something to the effect of legal action will be against you if the writing is reproduced by you in any way shape or form. There are many reasons why a person would use a ghost writer. Celebrities and public figures use ghost writers to write their biographies and memoirs. Ghost writers are hired to make celebrities sound as interesting and compelling as possible. Their purpose is to pen the stories into best selling books. Motivational speakers may use ghost writers to write self help books. Just because they are great speakers does not mean they can pen the words on paper. Or they just may simply not have the time. There are many types of ghost writing opportunities available. Non fiction writing would be your biographies, autobiographies, how to books, and memoirs. A ghost writer?s role in non fiction could range from the very minimal to the most complex. They may be given an almost complete manuscript and asked to add some finishing touches. Or they may have to start at the bottom collecting research and following the project through until publication. Accomplished fiction writers may use ghost writers to carry on a series of books after the author has passed or to carry out the series while they work on new ventures. The Author may have an established pen name that they use a ghost writer for while they write under the real name. Ghost writers are often used for scripts and screen plays. They are hired to finish and polish the writings of the authors. High school and college students will hire ghost writers to write their entrance essays, thesis, and term papers. Although this may seem unethical, it is legal. The writing and selling of the paper is perfectly legal. It is when the student turns the paper in as his or her own writing that it turns into an illegal action. The political venue for ghost writers is to correspond to the letters that they receive. Official will review the letters before being sent. A political speech writer is often considered a ghost writer. But others will argue this since it is public knowledge that political officials do not write their own speeches. In order to succeed as a ghost writer you must have excellent writing skills and often be able to take on the personality of the credited author. You must also be a great sales person in order to sell your service and be able to prove that you are the best possible choice for them to use you in their endeavors. Making the decision if ghost writing is right for you may be a difficult one. It is often hard for writers to give up all rights to their work.