Title Violation of Intellectual Property Rights


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Anyone who crafts original work, such as a piece of writing, music or physical art, is entitled to copyright on that creation. By law, a copyright is a kind of security given to the authors of original works. When you've successfully fashioned something creative, be it a manuscript , a song or a painting, you're entitled to file a copyright for your material. A copyright is a legal term which assigns exclusive rights to the maker of the original content.

If you've filed a copyright, you can reproduce your own work, be credited for its use, exhibit the work in public and sue anyone using your work without authorization. Copyrights are no different from patents or trademarks --- they're a means of making known that a creation is already someone's intellectual property.

When a third party copies, sells or assume ownership of someone else's copyrighted work, then a case of copyright infringement may be filed. The copy doesn't have to be identical to the source material --- copyright infringement can still be in effect even for copies with some deviations from the original. Here's an example: what if a newly created song has some similarities with a copyrighted piece of music? Copyright infringement would then be adjudicated by how significant the similarities are and to what level the two songs can be confused for one another. Likewise, if snippets of an existing song are clearly used in a new one, such as when record makers compose songs out of samples from other compositions, there may be a question of copyright violation if the written and notarized permissions are not secured for permitted use of the music samples. In a similar thought, artists who sample existing music can be held accountable for copyright infringement if they don't get the proper certifications to use the original musical piece. There are occasions too when artists sample another artist's melody; when this takes place, go-ahead from the proprietor is necessary in order to be safe from a copyright infringement suit.

Holding a copyright means that you get to have a collection of special privileges in regards to the original work in question. Letting others use your rights for a fee is permissible for copyright holders If there exists express consent from the creator of the original work, usage of the work by the authorized party is not an occurrence of copyright infringement.

If you own the copyright to a material, you can reproduce the work in any form you wish, for your own use or for profit. The owner also has the right to distribute the copyrighted work in whatever manner whether by putting it on sale to the public, putting it for rent or even lending it to someone else provisionally. If the copyright owner wants franchises off his original work, this is his right by law. Book authors, to cite an example, must always provide written permission before their work can be made into a motion picture. In the recording industry, a musician or producer may create a remix of his own original piece, while a remix created by a different singer/composer would be a case of copyright infringement.

A holder of copyright can without legal consequences display his works in every possible medium of expression. The right to public performance goes hand in hand with copyright; this implies that copyright holder can execute, play, recite or otherwise deliver the work to the public. However, copyrights expire after a a predetermined amount of time, e.g. 10 years, so holding a copyright to an original work does not provide assurance that the work will never be replicated or distributed by other people. The only allowances are made for fair use of work.

Fair use is the exception to copyright law given for specific uses such as public discussions, news bulletin, scientific investigations, or education. Without fair use, teachers can't lecture on literature or art nor could journalists report on any intellectual property, which is why such an exception is allowed.

If you can claim to be the only one to create an original work, your rights technically take into effect at the moment you created your intellectual property. However, to be safe, it's best to register an intellectual property at the U.S. Copyright Office. Application for copyright can be made via traditional mail or through the U.S. Copyright Office's administrative webpage.

AUTHOR: Aaron Kelly

Copyright Aaron Kelly Law
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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