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Copyright infringement has been
increasingly pervasive on the
internet. I wanted to introduce a
series of articles that addressed
the problems of intellectual theft.
The following article on this
subject was written by Nicholas
Johnson, visiting professor at
University of Iowa College of Law
and
an expert on Law of Electronic
Media.
~JoAnne Green,
Editor/Publisher |
Knowing and Understanding Copyrights
Author: Nick Johnson
Copyright
infringement and patent infringement are not
quite the same thing, although they are based on
the same principle, don't steal what isn't
yours. Copyright infringement refers to not
stealing someone else artistic or intellectual
property, such as writings or music while patent
infringement refers to refraining from stealing
an actual product that doesn't belong to you.
The U.S. Copyright Office is responsible for
holding onto the records of everything that has
been copyrighted to help ensure that an
individual's artistic or intellectual property
remains their own. However, it is not legally
necessary to register a copyrighted material
with the office.
It is sufficient to place the copyright icon in
front of a copyright statement and is adequate
protection for copyright laws. However, it is
still more secure to register copyrighted
material with the U.S. Copyright Office.
Copyright infringement is the theft of written,
artistic, or intellectually produced material.
Copyright infringement differs from patent
infringement only in the actual material, which
can make determining copyright infringement and
patent infringement easier to detect.
In business, it is not so unheard of for
advertisement media to be copied, thus becoming
a copyright infringement. However, there is a
difference between stealing the advertising
media which creates the copyright infringement
and stealing the icon or symbol used to create
consumer recognition which is then a trademark
violation.
Patented material, such as the product, is the
only avenue which a patent infringement can
occur. Why is this important? Because from
conception to marketing, to advertising, all the
way down to the jingle used in the television or
radio campaign, stealing any part of the
product, the advertising, the logo, the writing,
the product enhancement, or any other related
idea as it applies to any particular patented or
copyrighted material can mean the end of a
company.
These various rules can become confusing and
even a little hard to wade through when there
are numerous people working on any given
project. Thus, enlisting the help of a Copyright
attorney may be the only way to make sure all of
the potential bases are covered.
A copyright attorney can be influential in
preventing copyright infringement via
advertisement or other written avenue, such as
products that are written materials.
Bearing in mind that all printed materials are
typically copyrighted, even if they have failed
to register with the copyright office, a
copyright attorney can still effectively guide a
copy writer from accidentally becoming guilty of
copyright infringement.
In most cases, any large company or media of
copyrighted materials that are likely to be used
beyond basic small press use will be registered
with the copyright office, as registering with
the U.S.
Copyright Office is a failsafe against copyright
infringement. Thus, if a small time writer
claims against a big company an explicit use of
copyrighted material, but the large company
registered with the Office, the small time
writer can hold no claim even if they
copyrighted their own material, simply because
the large company registered with the Office.
While a copyright attorney is likely required to
determine the exact definition of the laws as
they apply to any given case, the likelihood of
being held accountable for a copyright
infringement that was not registered with the
U.S. Copyright Office, and they granted a
copyright, there really is no case, regardless
of how talented the copyright attorney may be.
The bottom line is still pretty basic, despite
the variation in copyright infringement and
patent infringement. Hiring a patent or
otherwise known as copyright attorney from the
beginning of any substantial project is the best
protection against being accused of any type of
copyright infringement.
Registering a copyright with the copyright
office protects the copyrighted material against
theft. All of these simple and basic steps
should be taken by any company who intends to
market a product, whether they anticipate being
a small company of local distribution or a large
company with global potential.
By registering copyrighted material with them
and by hiring a copyright attorney to oversee
the basic laws are covered, any company with a
marketing plan will know they are protected
under copyright infringement laws as well as
patent infringement laws.
Without the assistance of a copyright attorney
or patent attorney, a business is playing with
the potential of an accidental copyright
infringement or patent infringement. It is much
safer to cover all the bases and protect the
company and the brainchild behind the fabulous
ideas that can launch a company into the land of
happy returns.
About the Author: Nick
Johnson represents individuals or companies with
cases involving patent infringement. Find more
information at
http://www.toppatentinfringementattorneys.com
or
http://www.toppatentinfringementlawyers.com
. Call 1-888-311-5522 to receive a free case
evaluation.

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Editor &
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Clovis
resident for 30 years
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Even
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"don't
steal what isn't
yours."

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