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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.
Find a copyright lawyer How to find copyright lawyer Finding a copyright lawyer isn’t as hard as it use to be, not as long as you actually know how to find a copyright lawyer. Today, there are more copyright lawyers popping up than there were 10 years ago. It seems that having a copyright or needing to protect one has become very popular with the way our technology is advancing. One way to find a copyright lawyer is to simply type the phrase, “copyright lawyer” into a search engine and click on a few links. Many pages will actually allow you to choose the state in which you live to find one nearby. You’ll may even be given a choice of cities to choose from and if you are lucky enough one will be the actual town you live in. If not that is fine too, most copyright lawyers will have a phone number or an email address for you to contact them. Chances are they may even be willing to work with you online instead of you having to drive down and meet with them. Copyright lawyers know the world is changing and that most people searching for them want someone that actually practices what they preach. They want someone that knows the internet and is up-to-date with the times, not someone that has a degree in the field but only does it as a hobby. You want them because they’ve done several cases and know what they are doing and will have the time to do it. Which is probably why many people are able to find copyright lawyer homepages or their own websites, which means getting to know the lawyer before they even call them. Search the lawyers name and find out all there is to know about them before you hire him/her. You don’t want someone that has a lot of complaints about; you want the person that has high praises. When you are trying to find a copyright lawyer keep in mind exactly what it is you need them for. There are certain types of copyright lawyers they deal with different areas such as lyrics, stories, website designs and many other forms. For instance if you have just found out that someone has copied an article or a blog you have out there in cyberspace you may want to find a copyright lawyer that deals with copyright infringement, maybe a intellectual property lawyer. If you aren’t sure if you have stuff out there that is being copied you may want to check over at copyscape.com. Before you find a copyright lawyer you should make sure you have all your information in order. If you are insisting someone else is using your stuff, make sure you have proof. One good way to do this is by marking the date you wrote it and then sealing it in an envelope and mailing it to yourself. Making sure to never open the sealed envelope. Make sure any work you do online is saved to a disk so you‘ll always have proof. Your lawyer should be able to tell you everything you need before meeting with him/her. Finding a lawyer wasn’t hard and you even learned how to find out if he/she is any good by browsing the internet. Don’t just take them at their word, find out for sure. Or if you are lucky enough, you may know someone that has already used one and can recommend a good one for you. Now that you know how to find a copyright lawyer, you just need to make sure you can afford him/her.
Copyright music free Getting Copyright Music Free can Pay the Artists There are few people that will allow you to use their copyright music free. If you've found a person or a business that is willing to allow this then either consider yourself extremely lucky or start searching for the very fine print. Most people feel a certain kindred or passion for the music they like and they aren't overly willing to part with it at all unless they feel it is their calling to share this music with the world. In those circumstances you will be amazed at how eager they are to share their "message". I however, worry more about those that are eager to share than I worry about those who say no rather quickly and without sending another thought your way. Call me crazy but I'm usually the first one to give my things away and to share when I don't really have that much to begin with. I believe in sacrifice and the need for giving to those who have less or those whose needs are somehow not being met. This makes me a prime candidate for those who would ask me to share my copyright music free. I'm afraid my answer to that question is almost always going to be a no of my own. That being said I've always held a special fondness for musicians. Perhaps it's those teen crushes from which I've never fully recovered-ahem-2 or 3 years later. The problem today is the people are downloading copyright music free online without regards to the fact that when they get it free, someone isn't getting paid for their talents, efforts, and hard work. There are alternatives that will allow you to download the music really cheaply or pay a subscription fee for a service that allows you to download all the music you want for one set amount each month. These services allow the talented writers and performers of this music that adds so much to our lives each and every day to get paid for their labor. Paying for the music in this manner also allows us to enjoy that music while cutting out the middlemen and markups we often pay when purchasing music at retail prices. You do not have to get copyright music free in order to enjoy a wonderful bargain and when you pay something for your music you are ensuring that these talented writers and performers will find it profitable to continue providing this music that entertains you so much. We all enjoy getting things for free or feeling as though we've gotten a terrific bargain. That is one reason that subscription services are so wildly popular. You pay one price for the privilege of downloading as much music as your hard drive and modem can handle each month. It's like paying one fee and enjoying copyright music free except that you are actually paying for the music you are getting in other ways. More importantly though, the artists, writers, and recording companies are getting a piece of the profit pie, which keeps them in business. After the recent problems involved with massive and illegal downloading of copyright music free, recording companies began putting their proverbial feet down and demanding that action be taken. The solutions have been quite clever and highly effective. Consumers were much more willing to pay a monthly subscription fee that amounted to the amount of money that one CD would cost in order to download unlimited music from their homes. Record companies are getting paid for work that has already been done without the need actually produce, deliver, transport, and market their new CDs. This is copyright music free in its best form for all involved.