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What is copyright infringement What Is Copyright Infringement? The Layperson's Copyright Primer Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law. What is Copyright Infringement? Copyright infringement, as defined by Wikipedia.org, states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse. What is Copyright Infringement in America? In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith. What is Copyright Infringement in action? Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry. As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction.

Being Effective in Your Persuasive Writing (persuasive writing) The goal of persuasive writing is to have the ability to influence or change a persons mind with your words. You encounter these in your normal everyday life. Whether it is a politician trying to convince you to vote for them, a commercial for a company that wants you to buy there product, or from your children trying to explain the reason why they should be allowed to go to that concert, persuasion is all around. You may even use the power of persuasion on yourself, like deciding why or why not you should eat that last piece of pizza or if you really need to buy another white shirt even though it is a really good deal. Everyday you have to decide on whether one choice is better than another and why. To succeed in your persuasive writing venture you need to follow a few simple rules. You must have focus. Decide on what position you are trying to persuade. Are you for or against the topic your writing about? Choose a side and stick with it. Arguing both sides of the fence will be detrimental to your persuasion. There are three techniques that you will need to use to have convincing persuasive writing. Now you need to provide facts and evidence to support your writing. Statistics and examples are used to provide the reason people should choose you position and believe your writings. You can also include facts and evidence that demonstrate why the opposition is wrong. This should be eased into. Remember you are trying to persuade and convince them on why you position is better not offend or alienate them. This is called the logos technique of persuasion writing. Another persuasive writing technique is ethos. This is where you have to prove yourself to be a creditable person. To be able to make your readers believe that they should have confidence in what you are telling them. The best way to prove your credibility is to provide true and undisputable facts, be articulate, and explain why you are capable of proving this information to them. Pathos is the third technique you will use in your writing. This will appeal to the emotions of the readers. This can be the most important technique but also the most critical. It must be used with caution or you can just as easily turn the readers against you as you could bring them with you. Appealing to your readers emotions can be tricky. This must be done subtly To work this effectively you must have the ability to make the reader feel your emotions, the joy, the pain, the hurt whatever the case maybe. You need to pin point your target audience and write to appeal to them. What sounds interesting and persuasive to a teenager most likely will not work with a middle age woman. Whether you are targeting men or women will make a difference in you writings. Identify with your target audience. An example of this would be “only the cool kids will be wearing product XYZ” or “we know as a respectable home owner you will want to…..” By identifying with the intended audience it pulls them into what you are writing and how or why it pertains to them. Persuasive writings can be a challenge. You have to objective and opened minded to other positions of the topic at hand even though sometimes you don’t want too. Remembering you goal is just to persuade them why yours is better. This does not necessarily mean that the opposition is bad or wrong, just that yours is a superior choice.

Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. 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 directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? 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! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law.