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| A Discussion
of Internet copyright Issues |
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Have
you ever wondered what copyright is? What it means
to you as an Internet user? What copyright covers
and what it might protect? How it might go into
effect? And if you are violating any ones copyrighted
property? Have you ever copy any ones else source
for your own use when built a web page for your
own personal computer, or for any purpose for
that matter. Have you ever copied a GIF or JPEG
files to show on your own page? Is this a violation
of someone's copyright? If so, what can you be
held accountable for? Does anyone really care?
These are some questions that come to my mind
when I think of copyright and I found some answers.
I hope the following might answer any questions
you might have about copyright, if not please
visit the copyright links
I have gathered, maybe they will.
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Copyright has two
main purposes, to protect the creator's right
to obtain commercial benefit from valuable work,
and to protect the creator's general right to
control how a work is used. Copyright laws make
it illegal to reproduce almost any new creative
work without permission unless it is used under
Fair use. The Berne copyright convention, which
most major nations follow, states every creative
work created after April 1, 1989 is copyrighted
the moment it is in fixed tangible form, with
no notice necessary. You should assume other peoples
work is copyrighted and may NOT be copied
unless otherwise known. This includes pictures.
Although no notice is necessary it strengthens
the protection. The correct form of a notice is
"Copyright (the date) by (the creator)." A creative
work , something that is created, must be in tangible
from, that means it has to be on disk, paper ,
ETC. (it must be in a physical visible form).
If you create something, and it fit the definition
of a creative work, you the creator, get to control
who can make copies of it. You can't copyright
facts or thoughts, although the clever expression,
structure, or organization of the
facts can be, this called compilation copyright.
Some believe that copyright can give powers to
the copyright holder, but since a copyright is
rather worthless unless it holds some sort of
value in the market place, the power is lost.
For a copyright to be enforced it helps for it
to be registered and has to have some commercial
value. Why would someone file suit for copyright
violation if the item has no or little commercial
value, however copyright is law and the
wishes of the holder should be held. Anything
you write and post on the net is a creative work
and is in tangible form, therefor copyrightable
work. The commercial value of something place
on the Internet can damage it's value because
you are giving it away free to a large number
of people.
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Public
domain means from a legal point of view, a
creation that does not have copyright protection.
Nothing is in public domain unless the creator
puts it in the public domain. A creation disclosed
to a specific group of people for a limited purpose
is not necessarily "Public domain." Creations
that are no longer covered under the copyright
protection or whose creators that have waived
their rights are in the "public domain." The creator
must state "I grant this to the public domain."
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The fair
use/fair dealing is a complex doctrine associated
with copyright law which allows certain types
of copying without permission. Most people claim
fair use incorrectly, the fair use exemption exists
to stop copyright law from being used to stop
criticism. Fair use basically means, that if you
are doing things like commenting on copyrighted
work, news reporting, research and education on
it or about the copyrighted item, you can make
some limited use of the work with out permission.
Fair use is almost always a short excerpt and
almost always accredited. Fair use should not
harm the commercial value of the item. "If you
didn't write it, and you want to reproduce it,
ask the creator,"-Brad
Templton. Even though the making of a new
work is a creative process. If it is using the
bases or characters from somebody else's work,
you need that creator's permission.
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U.S
Copyright office
Informance on copyright laws by the U.S. goverment.
The copyright
website
Copyright informationof interestnfonauts, netsurfers,
webspinners, content providers, musicians, appropriationists,
activists, infringers, outlaws, and law abiding
citizens.
Better
ethics online
Web site established to promote better ethics
online.
Copyright
Management Center
Have Questions, they have the answers.-Indiana
University
Copyright
& Fair Use
Primary Materials, Resources on the Internet,
and Overview of Copyright Law by Stanford University
Libraries
Fair
Use in Copyright
Internet resource on technology law |
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Copyright
law secures for the creator of a creative work
the exclusive right to control who can make copies,
or make works derived from the original work.
What you say isn't copyrighted until it's put
into tangible form, and it is copyright the moment
it is in tangible form with or with out notice
or registration. A copyright holder can stop you
from copying something, usually they would much
rather find some way to charge you for it. Computers
never make copies only humans do. To have a copy
is not having the copyright. Names or anything
like that such as titles can't be copyrighted,
that is trademarks.
Unlike trademarks, copyrights will not be lost
if not defended.
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