What Every Author Should Know about Copyright Law

What Every Author Should Know about Copyright Law You dont have to be an attorney to understand copyright law and how it protects you as a writer. In this post, Ive compiled some of the most common questions authors have concerning copyright law and how their writing is protected by it. While this is not an exhaustive discussion of the topic, it should at least give you a general understanding of how copyright law works on your behalf. Let me stress that I am not licensed to practice law and if you need legal advice on copyright law or copyright infringement, you should hire an attorney well-versed in intellectual property law.What is copyright?Copyright is a right granted in the United States Constitution. To clarify the scope and framework of copyright law, Congress passed The Copyright Act of 1976 on October 19, 1976, as Pub. L. No. 94-553, 90 Stat. 2541.According to the legislation, original works of authorship, including literature, music, art, software programs, and even choreography (to name a few) are protected from reproduc tion, adaptation, distribution, performance and/or display by unauthorized individuals.The current law states that a copyright exists for 70 years after the author has died. This means that the work you create- as long as you hold the copyright- is yours now (as well as 70 years after youve died) and no one can copy it, adapt it, distribute it, perform it or display it publicly without your permission.There are some limitations to this, such as fair use, but those only exist when someone is commenting on your writing or teaching it. Fair use is its own complicated topic, with multiple lawsuits setting its precedent, and is detailed in more depth in this article.If you own the copyright, no one can copy it, adapt it, or distribute it for profit without your permission. Photo by Mari Helin on Unsplash.Do I have to register with the U.S. Copyright Office to protect my work?The short answer is no. From the moment you create a fixed copy of your work (whether a hand-written hardcopy, a p rintout, or saved to your hard drive on your computer), you hold the copyright to that work, by law.The caveat to this short answer is that the burden of proof rests on you if someone should ever try to plagiarize your work as their own or reproduce it. The easiest way to ensure that you are fully prepared to face them in a court of law would be to show that you have registered the work with the U.S. Copyright Office. If you have done this, there is no question that you will win and be able to sue for damages.As such, if you do not register, you will be unable to recover any extraordinary damages from any litigation as a result of copyright infringement. You will only be able to prevent the infringer from further use of your copyright.However, even if you dont register the copyright with the government, you still hold it, as long as you can prove that you are the original creator. Files that are saved on a hard drive show the date they were saved. A written page can be trickier to p rove. You also have to prove that the person who infringed had access to your original file, which can be especially tricky in an Internet age, when so much is available online.Which draft of my writing is protected by copyright?As previously stated, you immediately own the copyright to any fixed copy of your work. This means that you own the copyright to the rough draft, as well as the final draft.Do I need to put the copyright symbol on my work before its protected?It doesnt hurt. Again, you own the copyright to your work, and reminding others of that fact is always a smart move. Think of this as you would those statements that trend on social media promising that if youll copy and paste the words, the social media platform cant use your information in their data mining. Whether you copy and paste the text or not, theyll still use your information. In the same sense, whether you place the copyright symbol on your work or not, youll still own the copyright.Do I own the copyright to writing that someone hired me to do?The answer to this question surprises many writers- no. According to Copyright.gov:Ordinarily, the author is the person or persons who actually created the work you intend to register. Works made for hire are an exception to this rule. For legal purposes, when a work is a work made for hire, the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.Copyright.govWho owns the copyright if I created something in collaboration with another person and was paid for it?Circular 30 from the Copyright.gov website makes it clear that in a situation like this, you are not the owner of the copyright. When Section 101 of the Copyright Act defines a work made for hire, it includes a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for use for any of the following reasons:As a cont ribution to a collective workAs a part of a motion picture or other audiovisual workAs a translationAs a supplementary workAs a compilationAs an instructional textAs a testAs answer material for a testAs an atlasDo I own the copyright to my writing thats been published?Whether you are publishing your work in book format, an eZine or peer reviewed journal, youre likely to be asked to sign over the copyright when the publisher accepts your work. If you sign over the exclusive rights to a publisher, they then own the copyright to your work. This is why it is extremely important to read over any contract you sign with a publisher. Considering all of the work youve put into writing, its in your favor to know and understand what rights you are giving up when you sign a publishing contract.Can I put my writing on my website if Ive transferred my copyright?According to Authors Alliance, a group of attorneys and academics focused on helping authors manage key legal, technological, and instit utional aspects of authorship in the digital age, when an author transfers copyright in its entirety to a publisher, the author may no longer be able to display it without express permission of the publisher.Although the practice of authors transferring their copyrights to publishers is longstanding, the vagaries of copyright law and the difficulty of assessing the value of copyrighted works make it difficult for authors to anticipate the implications of signing away their copyrights- implications that can be quite dramatic. Recall that the constitutional language refers to an exclusive right. This means that the rights that the law bestows allow copyright owners to object when anyone else does the things that the law reserves exclusively to them. Under current law, those exclusive rights include reproducing the copyrighted work, displaying it publicly, performing it publicly, distributing copies of it to the public, and preparing new works based upon it (which the Copyright Act cal ls derivative works). So if an author transfers her copyright in its entirety to a publisher (or grants the publisher an exclusive license) only the publisher may do or authorize others to do these things. Even the author herself may no longer do them without the publishers permission (unless her actions fall within one of the exceptions built into copyright law).AuthorsAlliance.orgOnce you no longer own exclusive rights to your work, you will be unable to publish it online without permission. Photo by Cytonn Photography on Unsplash.Is there a way around granting publishers exclusive copyright to my work?Yes, and its a good idea to negotiate these terms whenever youre signing a publishing contract. For example, there are publishing agreements that grant exclusive rights to the publisher for a limited period of time. There are others that grant exclusive rights to the publisher, but only for some media, such as hard copy, allowing an author to retain the right to reproduce it digital ly.If you anticipate the need to negotiate with a publisher over your rights and limitations to your work once its published, you should hire an attorney who will represent you throughout the process. This will ensure that you wont be left in the dark about your rights in the future.What if I want to make changes to my work thats already been published?Again, according to Authors Alliance, once you hand over exclusive rights to a publisher, youve lost the right to adapt the work. Heres their description of the legal perimeters of this situation:Copyright owners may even object to an author who wants to revise her own previous work. Depending upon the degree of similarity, the revision may count as preparation of a derivative work, which is within the copyright owners exclusive rights. Again, this legal layer of publisher control may not have mattered so much when authors relied on publishers to disseminate their new editions (and when copyright terms were short enough that it was po ssible for a publishers copyright to expire during the authors lifetime). But today many authors might want to revise and distribute their own works but find themselves without the rights they need to do so (and no hope that they will outlive the copyright, which now lasts for the life of the author plus 70 years).AuthorsAlliance.orgAll of this is still confusing for me, what should I do?If youre still confused about copyright law and how it pertains to you as a writer, you should seek legal counsel from an intellectual property attorney who can represent you throughout contract negotiations. Even if you do understand the basics of copyright law, laws have a tendency to change, so its never a bad idea to know where the current law stands and how it protects you and your work.

Symbolism in The Joy Luck Club Essays

Symbolism in The Joy Luck Club Essays Symbolism in The Joy Luck Club Paper Symbolism in The Joy Luck Club Paper Essay Topic: Fight Club Novel Literature The Joy Luck Club Symbolism is defined by the dictionary as the practice of attributing symbolic meanings or significance to objects, events, or relationships, which means creating an importance and special meaning in objects that normally would not be important. In The Joy Luck Club by Amy Tan, a story of four Chinese immigrant women and their four American-born daughters, many symbols are presented. Throughout the many stories in the novel objects begin to hold significant importance to the women they are attributed to. Objects such as Suyuan Woos pendant, Lindo Jongs red candle, and Lena St. Clairs vase become symbolic for the relationships between these women and people and events that are important in their lives. The jade pendant given to Jing-mei June by her mother Suyuan Woo is symbolic for the relationship June has with her mother before and after Suyuans death. In the story narrated by June entitled Best Quality, she says, my mother gave me my lifes importance, a jade pendant on a gold chain (197). June describes it as, too large, too green, and too garishly ornate (197), she did not understand the pendant and in the same way she did not understand her mother. At this point it is a symbol of their differences. In the same chapter, June recalls the conversation she had with her mother when June received the pendant, For a long time, I wanted to give you this necklace. See, I wore this on my skin, so when you put this on your skin, then you know my meaning (208). The meaning she describes is her maternal instincts to guide her daughter, but June is unable to understand this and mistakenly labels it as criticism. Suyuan is trying to tell June that her criticisms are really love and concern, but she cannot express it in words. In the same conversation Suyuan describes the pendant, This is young jade. It is a very light color now but if you wear it everyday it will become more green (209). This description represents Junes naivety towards her mother, the young jade being June. After Suyuans death, June begins to wear that pendant every day (197) as a sign that she is starting to understand her mother and her gestures for what they really were and as a sign that her light color is becoming more green. Another object that holds an interesting symbolic message is the red marriage candle of Lindo Jong. The red candle of Lindo Jong holds many symbolic messages. When Lindo was first married a special candle was lit. This candle had two ends to light, one end had the name of the bride and the other end had the name of the groom. If neither end of the candle were to extinguish before the next day Chinese customs say that the wedding would be successful. The candle already has a symbolic meaning within the Chinese culture, the success of the marriage. Within the story it also represents the beliefs, customs, and superstitions behind the marriage. That night after the servant designated to watch the candle had run away, out of fear of the Japanese, Lindo ran into the room and [her] throat filled with so much hope that it finally burst and blew out [her] husbands end of the candle (60). Blowing the candle out symbolizes Lindo taking control of her life. Her newly acquired independence is her way of escaping her marriage without dishonoring her family. Although the servant relights the candle, Lindo exposes the truth to her mother-in-law that the flame died in the night, without making intervention known. In her plan to escape her marriage, Lindo takes advantage of the Chinese culture and the superstitions of the candle to convince her mother-in-law to annul the wedding. It symbolizes how ones culture and traditions are used to identify ones own worth and character. In the story of Lena St. Clair there are two important objects that hold an important meaning to her. The vase owned by Lena St. Clair is a symbolic representation of her marriage with her husband, Harold Livotny, who built the table the vase rests on. Lena explains to her mother, Ying-Ying St. Clair, Careful, its not too sturdy (163) when Ying-Ying discovers the wobbly table. Not too sturdy can be applied to Lenas marriage as well as the table; the vase, as well as Lena, is in an unstable position. Lenas marriage is in danger of falling into ruin. Lena describes the table as a poorly designed piece that Harold made in his student days (163). To make a marriage work both people have to work at it, but Harold is not as supportive as Lena is with him. The table is a symbol of his unaccommodating, unsupportive commitment Harold has with Lena. During the middle of a fight between Lena and Harold, the vase is shattered by Ying-Ying. All Ying-Ying says in her defense is Fallen down, (165). Lena responds as she picks up the broken shards, It doesnt matter, I knew it would happen (165). Concerned, her mother asks, Then why you dont stop it (165). Lena is to blame for the insecurity her marriage and the vase are in, but even with this knowledge she does not take action against the situation. Her mother realizes this and shatters the vase to teach Lena that she cannot just sit idly and watch, but that she should prevent an oncoming disaster if she can. The shattered vase then represents an action taken to change Lenas submissiveness and grow into a stronger more self-aware person. Each womans object is an intricate symbol of the lives surrounding its owner. Suyuans pendant changes its meaning from its first introduction to its closing. It was a symbol of difference and became a symbol of concerned and love, and in this change also signifies learning and understanding. Lindos red candle ultimately represents freedom through the understanding of tradition and culture. Lenas vase when intact represents a shaking marriage while when broken describes the discovery of her own personal worth. The symbolism used in the novel weaves each object with the event and relationship it is associated with perfectly to create a complex, expressive story.

Evaluation of article from The Economist Essay Example | Topics and Well Written Essays - 500 words

Evaluation of article from The Economist - Essay Example The abstract statement (â€Å"Sooty skies†, 1) uses technical terms that make it difficult for a novice of the field of aviation to understand, without reading the article, what the article is about. Right at the very start of the article the writer addresses an aspect of de-icing an aeroplane in the first sentence and continues on with it in the third sentence with no regard for the change of perspective in the second sentence. Similarly in the second paragraph, the writer introduces a Dawid Janas with no reference to Dawid’s relevance to the discussion until later on in the article. Then the article moves on to describe the process of formation of a substance without describing the background of the substance and its relevance to the topic of the article, making it hard for the reader to maintain interest. The writer commits a similar mistake by describing the conductivity of the substance in detail without first stating that conductance of electricity though the subs tance is a process of the new de-icing technique. This application of the substance becomes clear only later on with an indirect reference to it by the writer as he compares the two substances used in de-icing. While a lot of information in the article is misleading and some is suspicious, the content does provide the necessary knowledge needed to understand the views expressed and the basics of the technology referred to by the writer. However the article contains engineering jargon that makes the aspect of de-icing techniques covered in the article irrelevant to business course students, though the price and viability comparisons of materials for de-icing in the later paragraphs can be considered relevant to the domain of business management education. The only image included in the article offers little help in understanding the gist of the article without having read a good part of the written content first. Amusingly

Journal Essay Example | Topics and Well Written Essays - 500 words - 50

Journal - Essay Example These assignments also shaped my thinking because I became more conscious of how writers communicate with their readers and how to make connections between texts and real life that deepened my reading process through developing hindsight and insight. These assignments affected my writing because these articles had different writing styles and formats that improved my consciousness of my writing process through teaching me that they must be geared towards the needs of my audience. For instance, though I used sources that are considered as scholarly articles, Daniel Miller’s and Mark Griffiths’ works have an essay format, while Aysen Bakir and Scott J. Vitell use a typical empirical article format that includes the research design, findings, and discussion. These formats show that I must also know the proper formats that are aligned with what my audience needs and expects. Moreover, these assignments emphasized the importance of writing style to writing effectiveness. By effectiveness, I refer to being credible and persuasive to my audience. I believe that these articles are valid and convincing because of their use of formal academic language and credible sources that their target audiences may find important. Throu gh these assignments, I understood the centrality of the audience in making decisions about formats and writing styles. Besides enhancing my awareness for my writing process and making me more concerned of my audience’s needs, these assignments improved my thinking as a writer because I realized that there are different ways of presenting and supporting arguments and that connecting readings with real life and other texts deepen my ability to develop insight and hindsight. These articles approached their arguments and topics in different ways. Bakir and Vitell made conclusions about what parents think regarding the ethics of food advertising that targets children, only after they have gathered their data. Miller used the main points

EFFECTIVE COMMUNICATION ASSIGNMENT Essay Example | Topics and Well Written Essays - 250 words

EFFECTIVE COMMUNICATION ASSIGNMENT - Essay Example Waving somebody through a traffic forms part of gestures in communication, the use of gesture diligently forms part of almost 60 % of effective communication because people use most of the body parts as more as words to communicate effectively. The use of gesture varies depending on culture and class within the society. Therefore, as in the above case, when the respondent turns and takes action through positive response towards an expressive interest of the sender, then effective communication said to have taken place. Besides, it is the belief between the two parties who are engaged in the communication process to point out whether the information has been rightfully communicated. Ultimately, the effectiveness of communication by waving out someone in traffic is, therefore, depended on positive action or reaction of the respondent. If there is no positive action then, it is deemed ineffective (Kopp and Wachsmuth171) Kopp, Stefan and Wachsmuth, Ipke. Gesture in embodied communication and human-computer interaction: 8th International Gesture Workshop, GW 2009, Bielefeld, Germany, February 25-27, 2009; revised selected papers. Berlin: Springer, 2010.

Tourism Country Analysis-Germany Essay Example for Free

Tourism Country Analysis-Germany Essay Introduction Germany is a country with astounding diversity with one of the richest historical heritage in the world, standing out as one of the tourist attraction features. Germany is the most centrally placed in Europe among all the European countries. It has a history of a disunited nation having distinct states and tribes. For this reason, Germany more that any other European nation bears different names depending on the language used. For example it is called Deutschland within Germany; in French it is called ‘Allemagne’ and ‘Niemcy’ in Polish. (Country profile) On October 3rd 1990, Western Germany was unified with the German Democratic Republic. The leaving standards in the latter could not march those ones of the former; it has been a major challenge to do this because of the inherent industrial enterprise inefficiencies that characterized the German Democratic Republic. Another major factor that has posed challenges include the difficulty in East Germany of resolving property ownership and the lack of infrastructure and the environmental degradation that occurred during the communist rule. (Berghahn V. R. 1987) The extremist violence especially from the political right that is usually witnessed in East Germany is always related to the economic uncertainty in this region. Most times the violence is directed towards foreigners and in particular non-Europeans. (Berghahn V. R. 1987) Politics Germany is considered to be a Federal, Parliamentary, and representative democratic Republic. The ‘Grundgestz’ or the Basic Law is the framework that was laid down in 1949 that guides the German political system up to today. For any amendments to take place in the Grundgestz, a two-thirds majority in Parliament is required. (Country profile) The Chancellor heads the Government and the position is currently held by Angela Merkel and she exercises executive powers that are similar to a Prime Minister’s. Parliament that consists of the Bundestag and Bundesrat (Federal Council) is vested with Federal legislative Powers. Members of the Bundestag are elected directly and members in the Bundesrat represent the governments of the 16 states. These members are appointed by the state cabinet, which possesses the power to remove them any time. (Country profile) The Christian Democratic Party Union and the Social Democratic Party of Germany are the dominating parties since 1949. However there’s existence of other smaller parties, which include the Free Democratic Party and the Alliance 90/ The Greens (Christian Democratic Union/Christian Social Union). The President of Germany also doubles up as the Head of State and is normally elected by the Federal Convention (Bundesversammlung), which is the institution made up of members of the Bundestage and some members of the State delegate. The President of the Bundestag is the second highest official and the Bundestag itself elects him/her. His/her responsibilities include the overseeing of the body’s daily sessions. The Chancellor on the other hand doubles up as the head of Government and is the third highest official who is nominated by the Germany President and then is elected by the Bundestag. A constructive motion of no confidence by the Bundestag is what is necessary to remove the Chancellor.( Christian Democratic Union/Christian Social Union) Economy In Europe, Germany’s National Economy is the largest. It is ranked the third largest in the world by nominal GDP, but ranked fifth in regards to gross domestic product. As per 2006 statistics, the average growth stands at 2.8% per annum. Germany has been renowned world over since the industrial age as one of the best motor innovators and has greatly benefited from the globalized world economy. (Berghahn V. R, 1987) One of its major drivers of its export economy is the trademark â€Å"Made in Germany,† which the world has continuously associated with sturdiness and durability. This has turned out the country to be the world’s top exporter with the export figures as at 2006 standing at $ 1.133 trillion generating a trade surplus of approximately â‚ ¬165 billion. 70% of its total GDP is generated by the service sector with 29.1% contributed by the industrial sector and agriculture falling behind with about 0.9%. (Berghahn V. R, 1987) Germany’s automobiles, machinery, metals, and chemical goods contribute greatly to the export portfolio. In solar and wind turbine technology, Germany leads the world (Global Wind Energy Market ).   Amongst its most popular brands include Siemens, Mercedes Benz, BMW, Audi, Volkswagen, Porsche, and Nivea among others. Germany uses the common market currency the Euro and the country stands out as a major advocate for the European Union. Society (People and Culture) The majority German population is made up inhabitants of ethnic Germans and over 7 million foreigners. Majority of the foreigners are made up of the so called â€Å"guest workers† who were mostly Turkish workers, who in the 1950s and 60s were invited to fill in for the labor shortages, Germany thus has quite a good number of ethnic Turks. Many political and economic refugees from the world over especially the developing world choose Germany as a prime destination. (Country profile) Germany boasts of having one of the world’s highest levels of education with exquisite technological advancement coupled with an unrivaled economic productivity. University enrolment has steadily risen and has more than tripled since World War II; the trade and technical schools that are sponsored by the Federal Republic of Germany support the universities. The majority of the population is made up of the middle class with a per capita income standing at $ 28,700, this is combined with a comprehensive social welfare system that caters for the universal medical care and unemployment care besides other social needs. (Berghahn V. R, 1987) Culturally Germany is usually called â€Å"the land of poets and thinkers† (Wasser J. 2006). Religious and secular currents that have taken place in Europe for a long time have continuously shaped the German culture. One of the most famous German classical music composers is Ludwig Van Beethoven (Wasser J. 2006). Geography The geography of Germany is rich and diverse ranging from the high Alps in the South, the Bavarian plain, and the flowing hills of central Germany to the coast of the North and Baltic Sea. This makes the country’s countryside scenery worth visiting, â€Å"it all looks like a miniature train landscape packed with the nicest of old towns, medieval houses, gothic churches and small villages; its exotic!† (Country profile) Global Position Germany has continued to play a very important role in the formation and the continued strengthening of the European Union and has continued to cultivate a very close relationship with France. One of Germany’s closest allies has been the U.S, whose help was quite invaluable during the 1948 Marshall Plan to rebuild Germany after World War II. Ties with America have gone to other areas like trade where a more balanced trade relationship has continued to flourish. (Country profile) REFERENCES Berghahn, Volker Rolf. (1987) Modern Germany: Society, Economy, and Politics in the 20th Century. 2d ed. Cambridge: Cambridge University Press. Christian Democratic Union/Christian Social Union: Retrieved on 6th March 2008 from U.S. Library of Congress:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   ,   Global Wind Energy Market 2006-2011, Retrieved on 6th   March 2008 from www.windtech-international.com: Wasser, Jeremy. (2006) Spà ¤tzle Westerns Spiegel Online International: Retrieved on 6th March 2008 Country profile: Germany: Retrieved on 6th March 2008 from   http://news.bbc.co.uk/1/hi/world/europe/country_profiles/1047864.stm:

I Believe: A Code Of Ethics Essay -- essays research papers

I Believe: A Code of Ethics by PHIL 301 Fall Semester, 1996 I believe in the power of Mind... I believe pitchers should bat... I believe Oswald was a patsy... I believe everything is a conspiracy... I believe that people are responsible for their own actions... I believe that The Who is the greatest rock band of all time... I believe in tolerance... I believe in capitalism... I believe we are who we want to be... I believe in choice... I believe in love... I believe that Bert and Ernie are televisions first gay couple... I believe that the 1979 Orioles were robbed... I believe that people who say they like Indian food are just trying to be cool... I believe that people get the kind of government they deserve... I believe in the power of having no god... I believe I can fly... I believe that Barney is the purple Messiah... I believe that the bible was a novel, written for profit... I believe in the mother ship... I believe the Mona Lisa was framed... I believe in Pez... I believe Darwin... I believe in beauty... I believe we have the worst justice system in the world with the exception of every other system... I believe in Wally and the Beaver... I believe I didn't learn anything in kindergarten... I believe we are all in this together... I believe that breakfast is the most important meal of the day... I believe the ozone layer is just fine... I believe in dedication... I believe my daughter is a prodigy... I believe that Kathy Lee is the Anti-Christ... I believe my dad can still beat me at arm wrestling... I believe I wouldn't want to beat him... I believe you shouldn't believe everything you breath... I believe in the power of love to warp mens minds and make men great... I believe in Santa Claus, the Tooth Fairy and the seventh inning stretch... I believe in me... I believe I'm done now...   Ã‚  Ã‚  Ã‚  Ã‚  Developing a code of ethics is the most important thing a person can do. Such a code is necessary for humans because of our capacity to reason. Our ability to apply rational thought to the conduct of our lives is what makes mankind more than just an animal with an interesting thumb. These rational thoughts could very easily lead us to terrible acts, for what is in our best interest is often harmful to others. However there is another ability, peculiar to humans alone, that keeps most of us on the right path. Our ability to know what ... ...assless. And it is not susceptible to the fickle human idea of physical beauty.   Ã‚  Ã‚  Ã‚  Ã‚  But how to know if a law is just? If it serves to protect, promote and respect the human Mind. If a law or an act works against the cause of Mind than it is unjust. Such laws must not be obeyed and indeed must be worked against. But how is one to know the extent of such civil disobedience? In my case, the answer is found in rule number one. So long as I do not put my family at risk of losing a husband and father, justice must be served. It is through this kind of meshing of the four rules that ethical quandaries can be answered.   Ã‚  Ã‚  Ã‚  Ã‚  Noticeably, the rules of the code, while existing to serve the cause of good and avoid evil, do not make it clear how to know which is which. There is no specific rule that gives a clear definition of what is good and what is evil. This is because the rules, when properly applied to an ethical problem, will lead to the action that is good.   Ã‚  Ã‚  Ã‚  Ã‚  So then what is good? What is evil? Good is somewhat easier to define in that it is directly related to the last three rules of the code. An act which s