Part 3 Part 2
What is Copyright Infringement? In a sentence, copyright infringement is reproducing an existing Creative Endeavor, or any part thereof, by whatever means, for whatever purpose, without express permission from the Copyright Holder.
The only exception to this strict approach, is Fair Use.
Much infringement is inadvertent and can be remedied by self education and awareness. Awareness, and education, are not optional, but absolute necessities. Necessities for the best of reasons, responsible behavior always obviates manipulative legislation.
Freeing Mental Energy for Creative Pursuits.
Recall the possibility, if someone is copying something, including text and graphics, it is most likely copyrighted.
A most effective defense against falling prey to Copyright Infringement, is to be original. Being original is difficult. But the pay-off for originality is well worth the effort expended. Peace of mind prevails and one's Thinking ability expands.
Being original demands Mental Exertion. Willingly furnishing Mental Exertion, is an indication of true Thinking, and the reason why true Thinkers will always be in demand.
Not so copiers.
One can safely take for granted that everything is Copyright whether designated so, or not. It is no longer necessary to explicitly indicate Copyright Status.
There happens to be two excellent reasons to do so however.Those reasons are . . .
Helping to educate newcomers, and keeping the rest of us aware that creative efforts belong to real Humans just like you and me.
Designation is a simple matter of displaying the copyright symbol in a prominent position on a Work.
The easiest way to understand the implications of Intellectual Property Rights Law, is to be consciously aware that all the amazing stuff that contributes to our lifestyle, is produced from the Human Imagination. By dint of Creative Effort, and actually belongs to someone.
You, me, or one of our fellow Humans.
It is this belonging that is protected by law.
To avoid Copyright Infringement, one should conscientiously follow the above guidelines. In the simplest of terms, if one does not have clearance, he or she is in violation of Copyright Law and is infringing.
The potential effectiveness of the above guidelines encourages one to wonder why copyright law is so complicated.
That is a question on many folks lips.
This is a legitimate question that capably answers itself, when we understand Human behavior. Natural Law contains the answers to how Humans behave.
Expanding our Mind via Personal Development is the means to understanding Natural Law, in relation to understanding ourselves.
Fair Use is aimed at Educational, rather than commercial purposes. If one's purpose is to merely teach, research, or you intend to criticize a work, or you are reporting the news, you may have a case to utilize Fair Use. Otherwise it is best to let sleeping dogs lie.
When using Fair Use, it is perhaps better to seek legal advice, if there is any doubt. Or obtain permission from the copyright holder.
This is an excellent opportunity, to remind ourselves that ideas are not
protected by law. One can apply his or her own Thinking Power to those ideas we
may find so attractively expressed by others. Are we not Creative Beings, with a Desire to excel?
Alternatively, one can be part of the open source world, where, by adhering to, and following a few coherent and sensible rules, gaining permission to copy is certain and instantaneous.
Independent Creation is where two or more people conceive and develop the same idea in relatively if not absolutely the same manner. Without the knowledge of another's efforts. This fact is one of the most fascinating aspects of the Human Mind.
Copyright Legislation accepts the existence of such a phenomenon, and it can be used as infringement claims defense.
Copyright Law clearly comprehends that ideas can be approached from a myriad of perspectives.
And in the same spirit myriad artists can paint the same landscape. All that matters is that each effort is obviously an original exertion.
This same Law, however, has taken a dim contrary view in less clear cut circumstances where the Human Mind is solely involved in a Creative Effort.
As a few well publicized Lawsuits attest. That high profile incident involving Beetle, George Harrison, possibly being the most exposed.
Albeit disappointing, Patent Law, does not recognize Independent Creation. Notwithstanding overwhelming evidence to the contrary, Patent Law insists on first past the post. Meaning the first applicant to secure approval, is awarded the protection of the Law of the Land.
Thus rendering Inventing a risky game.
Whilst Copyright Protection is automatic, for a fee, some Governments afford Copyright Registration. This purportedly aids in Court Action, when ascertaining the rightful owner and date of creation. Other Governments, including Australia, do not. This author is on Australia's side in this one.
To his mind, the growing perceived need and regular recommendation to register a Copyright that provides protection in law the millisecond that a creative expression is fixed in a physical medium, is a symptom of a fearful society losing it's way.
Nevertheless, relevant questions, such as, can foreigners register their Creative Efforts in the US, are answered here. - Copyright.Gov US copyright office
Personal Development Rocks
Part 3 Part 2