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Copyright, work for hire, and other rights issues. Publishing contracts, copyright, work for hire, licensing, fair use, public domain, permissions, rights clearance, contract negotiations, rights grabs, and the like with a focus on U. I am not a lawyer, and this is not legal advice, but an effort to help us all learn the basics, especially for creative work. When do works enter the public domain?
Important fair use court cases. And believing that material read article a website or in an e-mail is freely copyable is one of many ways you can get yourself in trouble. Popular thesis statement ghostwriter for hire for university and fair use guidelines have changed since http://89paint.co/esl-dissertation-introduction-writing-website-liverpool.php advent of digital copies and the Internet, which in effect make the Internet a big copying machine.
In many ways, U. The copyright and fair use "quiz" that I provide when I teach a course on copyright basics is a good way to find out what you know and don't know visit web page copyright. If I can figure out a way to incorporate a self-administered quiz in the framework of this Authors Guild website template, I will do so. In the meantime, click here for a copyright tutorial quiz from an excellent University of Texas website.
Save yourself grief by mastering the basics of essential terms: copyright, licensing, fair use, public domain, open source, Creative Commons, work-for-hire, and various forms of rights. See Copyright Crash Course Quick Guides.
Writers: Be grateful to Dan Carlinsky, who years ago started teaching us that as copyright owners we own the rights to our works. We do not "sell" an article to a magazine but "license" it. Thanks, Dan, for starting an educational campaign we really needed. You in publishing: Pay attention. You, too, may be an author one day. Creators of all types: You should generally "license" use of your work rather than sell or give the copyright to someone.
And be popular thesis statement ghostwriter for hire for university about which rights you are popular thesis statement ghostwriter for hire for university. As a freelance journalist, you are typically granting a periodical "first rights" or "one-time rights," but you are retaining the copyright unless you give in to a greedy publisher. Photographers have been better than writers about watching out for their rights. A photographer, for example, licensing use of a photo in a book might charge various fees for additional licenses -- for use of the photo inside a book one feeon the cover a second feein marketing materials an additional feeon merchandise such as a mug or tee shirt yet another fee.
And generally as a photographer you would want to retain the right to use the photo yourself -- as a print, say, and in your own promotional materials. Similarly, when you are clearing permissions, you need to specify which rights you are asking for. The more limited the rights, the smaller the audience or printing, and the lower the price of what you are selling, the lower the fee, generally.
And do pay read Mike Shatzkin's articles on new models of publishingin the section on Publishing and e-publishingas those changing models are going to affect how much income is shared with authors.
How, why, and when to register copyright. In the United States, as soon as you create a work and fix it in tangible form, copyright law protects it. You popular thesis statement ghostwriter for hire for university need to register copyright. In the past, U. But if you want to collect damages for copyright infringement, you must register copyright. If a registered work is later infringed, the creator can recover actual damages the fee that would normally have been paid for the useas well as statutory punitive damages and legal fees.
A work that is infringed and has not been registered can only generate actual damages and in most cases the cost of the suit far exceeds recoverable moneys. Paper filing takes time partly because all mail U. Postal Service has to be screened offsite, as a security measure.
For more information about various aspects of copyright:. Application for copyright registration in Canada. A few interesting links popular thesis statement ghostwriter for hire for university might not find on the official copyright sites.
The four basic systems for protecting intellectual property involve copyright, trademarks, service marks, and patents. The National Paralegal College has a helpful primer on intellectual property: patents, trademark, and copyright. Popular thesis statement ghostwriter for hire for university Copyright Act grants five rights to a copyright owner:. BitLaw's explanations of these rights is helpful. Kal Raustiala and Chris Sprigman, Freakonomics, Bikram Choudhury, founder of Bikram Yoga, a popular and high-priced chain of yoga studios, sues rival studios who teach the Bibliography writer services sf method, or offer Bikram-style classes without Bikram-certified instructors.
But a central feature of copyright law is that creations that have a function cannot be copyrighted. The more Choudhury's health benefits are true, in other words, the weaker his claim to copyright is. And that claim is pretty weak to begin with Functionality is the master concept that divides copyright which covers art, literature, and other non-functional thingsand patent which covers new machines, processes, and other functional things.
Interesting history and cases. Who owns the copyright in a joint work? Can two or more authors provide contributions to a single work without being considered a joint authors for copyright purposes? What rights do copyright owners have under the Copyright Act? Can a copyright owner transfer some or all of his specific rights? Is there such a thing as "idea theft"? David Sheets, SPJ's Independent Journal, Yes, though it is not as common as beginning writers think. Can you do anything about it?
Copyright does not protect ideas--it protects the expression of ideas. As Sheets writes, "The truth is, nobody 'owns' a story idea.
Barry Werbin, WIPO Magazine, on the cases of Astrud Gilberto, Nancy Sinatra, Tom Waits and commercials that used songs or voices they'd become associated with. An interesting article on several counts. Two authors of nonfiction works sued Dan Brown for copyright infringement. They lost; this article explains why. Wright, Article Center, Lynda. I've been a long-time advocate of the position that the editor has a copyright interest in the edited version of the manuscript, a card that the editor should play in payment disputes.
Berry III, Library Journal, New laws converted a limited exclusive right into long-term ownership. No Copyright Law Frank Thadeusz, Spiegel Online, Bet he gets some arguments? Lee, Washington Post Is software an invention? A chance to settle this patent war. If you invent a pill or a better mousetrap, you can patent it.
But for decades, software has had the distinction of being eligible for both copyright and patent protection. Links and information about trademark law, copyright, trade secrets, patents.
Nieves, PTC Research Foundation of the Franklin Pierce Law Center, popular thesis statement ghostwriter for hire for university Here's Part 2, Some situations in which IP issues may arise and some possible approaches to take. Fan fiction and copyright law, etc. Copyright Office: "The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication.
Copyright on the Disney movies was going to expire and the Disney Studios wanted longer protection. Copyright, developed to protect authors and other "creators," was now also to serve the "copyright industries," which contribute so much to GDP. To determine the length of copyright protection for a particular work, popular thesis statement ghostwriter for hire for university chapter 3 of the Copyright Act title 17 of the United States Code.
More information on the term of copyright can be found in Circular 15aDuration of Copyrightand Circular 1Copyright Basics. Copyright Office received between and that is, covering works published in the period Works published before are generally in public domain; works published after Jan. For works published between those dates, copyright had to renewed after the first term of registration or copyright expired. Tracking down which copyrights expired or were renewed took time and trouble; this database makes searches easier.
See also the entry How long does copyright last? When do works of intellectual property enter the public domain become copyright free? Works Pass into the Public Domain Popular thesis statement ghostwriter for hire for university Gasaway's wonderfully clear popular thesis statement ghostwriter for hire for university. Slight charge for nonmembers on many items.
Digital copyright slider, by Michael Brewer, American Library Association. Slide red carat sign along right to identify when a work was published and the answer will pop up bottom left.
Tales from the Public Domain clever online comic book explanation of copyright law, by Keith Aoki, James Boyle, and Jennifer Jenkins, for the Duke Center for the Study of Public Domain. On their website, under Royalty-free MusicPD Info says "There are no public domain sound recordings in USA. A book published during the presidency of Chester A. Arthur has a greater chance of being in print today than one published during the time of Reagan. It may never be known for sure whether those rights exist.
Congress had restored copyright as part of the Uruguay Round Agreements Act. Hollywood fears pirates; Silicon Valley fears paywalls. Silicon Valley accuses Hollywood of 'monopoly' and 'artificial scarcity,' and talks about the democracy of the Internet. Hollywood accuses Silicon Valley of 'free riding' and 'contributory infringement,' and talks about protecting the dignity of the artist.
But each side is only trying to defend its business model. And so on, with a clear-eyed overview of issues. The crooner example is just that: an example. Drafted in recognition that copyright laws were out of kilter with the digital age. Of possible interest re U. The Committee could only united site assignment kingdom writers itself to reject any further extensions in copyright terms, and to eliminate national additions to the copyright term, such as the 30 extra years that France awards to the works of war heroes.
Issues not resolved: "freedom of panorama" "a troubling amendment This is only a partial summary. This site is UK-made and oriented, geared to librarians and universities, but its clear organization and explanations may come in handy in U.
A fact sheet on contracts and copyright, for example, explains that although "copyright forms the bedrock of the legal basis" for using text, images, sound, etc.
And contracts are governed by a different branch of law than copyright--"much of contract law is based on common law, i. Excellent reference tool, more so in UK than US, but well done. Manges lecture, by Maria A. Pallante, Register of the U. Notes on, and reactions to, the lecture:. But as technology continues to evolve, Pallante said it is time to revisit those laws and analyze their effects.
Crispin, Authors Guild, This link is to a helpful Wikipedia entry. I know it's here for a reason but I'm not sure why. Copyright protection extends to any architectural work created on or after December 1, Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, In a piece called 5 Ways The Google Book Settlement Will Change The Future of ReadingAnnalee Newitz wrote: "Known to policy-makers as the Copyright Extension Act, it was the result of intensive lobbying by the entertainment industry, led in part by Disney, to extend the copyright on any work created after Many of Disney's classic pieces of content, like Mickey Mouse cartoons, were about to pass into the public domain.
So the company was naturally interested in keeping control of the Mouse as long as it could The Act also gave birth to a loosely organized but powerful movement of copyright reformists Over the past decade, many of these reformists migrated to jobs in Silicon Valley, where easily-copied digital media are constantly forcing the question of what copyright really means in the information age.
See section on DMCA and takedown notices further down on this website. Effective August 13,the new 41 CFR Section Copyrighted works can include, but are not limited to, films, audio recordings, electronic media, software, books, photographs, etc.
The Technology, Education, and Copyright Harmonization TEACH Act redefines the terms and conditions under which accredited nonprofit U. See also the UCCopyright University of California on the TEACH Act. Intellectual Property Office, U. Fair Use, A Primer. Under the "fair use" principle of copyright law, you may make limited use of someone else's copyrighted work without asking permission or infringing on their copyright.
Fair use, a significant limitation on a copyright owner's exclusive rights, is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. If a copyright owner disagrees with your interpretation of what's fair use of their material, your dispute may have to be settled by litigation or arbitration.
Judges use four factors in resolving fair use disputes:. Fair use factors are explained helpfully with these http://89paint.co/order-academic-essay-on-shakespeare.php as headings:.
Rule 1: Are You Creating Something New or Just Copying? Rule 2: Are You Competing With the Source You're Copying From? Rule 3: Giving the Author Credit Doesn't Let You Off the Hook. Rule 4: The More You Take, http://89paint.co/popular-home-work-writers-for-hire-united-states.php Less Fair Your Use Is Likely to Be.
Rule 5: The Quality of the Material Used Is as Important as the Quantity. Also useful from U of Minn Libraries:. His main point: How risk-averse are you? That's a factor because anyone can sue you.
The principles discussed here are a defense again lawsuits, but some factors weigh more and some less. Q: If a work remains in copyright, limited quotation is legal within fair use U.
What are the legal definitions of fair use U. They are stricter in British copyright practice, applying mostly to photocopying brief passages for research and to quotations in "criticism or review. Simon Fraser University Library.
There is no fixed definition of fair use, for use of quotes, says Rapp. The one tricky area is when people use quotes that are just window dressing. Like when an author quotes the lyrics of a song -- even just couple of lines from a song at the beginning of a chapter, as Stephen King often does. Most music publishers take the position that you need permission because this kind of use, they claim, is not driving the narrative or otherwise a popular thesis statement ghostwriter for hire for university use.
And they may be right -- the fair use doctrine is horribly imprecise. The author of Reclaiming Fair Use: How to Put Balance Back in Copyright provides a very pragmatic account of how fair-use decisions are made and what the practical implications are for potential users of copyrighted material, with real-life examples.
Referring to various codes of best practices, she writes "The codes give you the reasoning for applying it to your kind of work, but give no specific rules. And like your right to have a harshly critical position on public policy up to the point of treasonto make references to sexual activity up to obscenityand to say terrible things about other people up to libelwhether it is fair use or not depends on the context of your use. A sizeable taskforce from private and public organizations met monthly to try to work out fair use guidelines for navigating see more electronic highway.
I was a participant, representing Popular thesis statement ghostwriter for hire for university. This is a once-over lightly report on the interim outcome, as regards digital images, distance learning, educational multimedia, electronic reserve systems, interlibrary loan and document delivery, use of computer software in libraries.
From the research library viewpoint, the shortcomings of CONFU. Http://89paint.co/popular-critical-essay-editing-services-for-college.php provides several scenarios illustrating what's likely to be infringement or fair use, guest-blogging on Joel Friedlander's TheBookDesigner.
Jane Friedman,explaining fair use. This pays more than ordinary attention to issues on the Web e. Fair use ruling more likely in educational setting where uses involved repurposing and recontextualization.
Rich, Publishing Law They remind readers that copyright was created to benefit the public, not to enrich producers Free Expression in the Age of Copyright Control PDF, Marjorie Heins and Tricia Beckles, Brennan Center for Justice, NYU School of Law. Many other countries, including Australia, recognize a similar but much more carefully enumerated exception to copyright known as fair dealing.
The Authors' Guild sued Google, saying that serving up search results from scanned books infringes on publishers' copyrights, even though the search giant shows only restricted snippets of the popular thesis statement ghostwriter for hire for university. The immediate effect means that Google Books won't have to close up shop or ask book publishers for permission to scan. In the long run, the ruling could inspire other large-scale popular thesis statement ghostwriter for hire for university projects.
Universal City Studios, Inc. How courts reasoned about the first-use doctrine in the decision on the American film industry's first legal response to the home video revolution: "time-shift" programming copying a program to watch later, in the home was fair use.
But people preferred renting to buying and as the situation stood, retailers and not film producers initially wrung most of the profits from the market. In contrast, the film company's profit would be small, less than a few dollars after materials, duplication, and distribution costs had been covered. For more details, see Wikipedia on Sony Corp. Universal City Studios, Inc Electronic Frontier Foundation on how the Betamax case figures in lawsuits against peer-to-peer copying on other electronic devices.
In Julyreports the Washington Post, the U. Court of Appeals for the Ninth Circuit, in Fox Broadcasting v. Dish Networksays digital recorders that allow automatic skipping of ads do not violate copyright. Http://89paint.co/cheap-curriculum-vitae-ghostwriter-website-united-kingdom.php In Dish Network Case, Ninth Circuit Applies Dated Precedent to New Copyright Claim The Recorder, Nation magazine scooped former Click to see more Gerald Ford's memoir on his account popular thesis statement ghostwriter for hire for university his decision to pardon Nixon.
Supreme Court ruled that "fair use is not a defense to the appropriation of work by a famous political figure simply because of the public interest in learning of that political figure's account of an historic event. HathiTrust Copyright Litigation Authors Guild, The Guild claimed the library group infringed by reproducing copyright-protected books for inclusion in its HathiTrust Digital Library, a searchable database.
The Guild had demonstrated that the copyright owners of most of the books were easily found, forcing HaithiTrust to acknowledge that its search methodology was flawed.
HathiTrust abandoned the Orphan Works Project shortly after the lawsuit was filed. Hathi Trust: In its suit, the Authors Guild objected to the libraries' decision to make limited use of its holdings -- such as making digital book copies available to disabled students and allowing researchers to search the full digital texts for keywords -- without paying for permission. The Second Circuit decision in Authors Guild v. Under that program, Google has converted millions of copyright-protected library books into machine-readable files, duplicating and distributing the digitized books to university libraries.
The universities pooled the digitized books into an online database organized by the University of Michigan known as HathiTrust. A year ago, the University of Michigan and other defendants were poised to release their first wave of copyright-protected, digitized books to hundreds of thousands of students and faculty members in several states.
The universities had deemed the authors of these books to be unfindable. HathiTrust Decision ACRL Insider, Judge Baer decided that the HathiTrust Digital Library's HDL use of digitized works is a fair use permitted under the Copyright Act.
The judge's key holding: "I cannot imagine a definition of fair use that would not encompass the transformative uses made by [HDL] and would require that I terminate this invaluable contribution on the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the [Americans with Disabilities Act].
Many of the 10 million digital volumes in HDL were provided by Google in exchange for the universities' allowing Google to scan books in their collections for the Google Library Project. Because print-disabled persons are not a significant potential market for publishers, providing them with access is not the intended use of the original work. See article for full list. Martin Luther King Jr. The famous part was not in the written script, but the speech was recorded.
An odd court ruling has forced news organizations to pay a fee for showing more than "fair use" parts of the speech. Passport Video Passport Video created a hour documentary on the life of Elvis Presley, The Definitive Elvis Presleywhich used unlicensed video footage, still photographs, and music owned by Elvis Presley Enterprises, Inc. The Ninth Circuit "found no fair use because the biography was not consistently transformational, was commercial in nature, and was likely to affect the market for the copyrighted works.
The publisher Dorling Kindersley popular thesis statement ghostwriter for hire for university without permission seven images of Grateful Dead concert posters or source in the book Grateful Dead: The Illustrated Trip. Dorling Kindersley was reusing the original material in a different, historical context, and they were using only the amount needed to give readers a flavor of the time.
Mills, chief judge of the U. District Court for the Northern District of Mississippi, said the use of the quote qualifies as a fair use. In this case, it cannot. Jennifer Howard, Chronicle of Higher Education, For books without chapters or with fewer popular thesis statement ghostwriter for hire for university 10 chapters, 'unpaid copying of no more than 10 percent of the pages in the book is permissible under factor three,' she wrote in her ruling. For books with 10 or more chapters, 'permissible fair use' would be copying up to one chapter or its equivalent.
Acuff-Rose MusicU. See also: Wikipedia account of this U. Supreme Court case that" established that a commercial parody can qualify as fair use. That money is made does not make it impossible for a use to be fair; it is merely one of the components of a fair use analysis. Wikipedia's summary explains how the four factors were applied. In particular, look at Three Years after Campbell v. Piele, Loyola of Los Angeles Entertainment Law Review, Piele discusses the implications of the case, including its distinction between parody and satire parody making fun of the work itself, and satire using the original work as a vehicle to criticize something else, such as society itself, the latter NOT being fair use.
It also brings in other cases, including Dr. Penguin Books "discounting the defendants' argument that its book about the O. Simpson case parodied the original Dr. Seuss works, and holding that the work broadly mimicked Dr. Seuss's characteristic style to simply retell the Simpson case".
And Sun Trust Bank v. Houghton Mifflin about the book The Wind Done Gone, the court upholding the parody defense, as it specifically criticized the depiction of slavery and relationships between blacks and whites in Gone With the Wind. Particularly good on cases related to academia, photocopying research articles for use in a private firm Texacoteaching copies for classroom, quoting excerpts popular thesis statement ghostwriter for hire for university scholarly presentations, posting items on websites for public access, using excerpts from sound recordings learn more here videos, manipulating photo images for multimedia.
Fair use, copyright, social media, and multimedia Copyright issues in the digital world. What's fair use and fair online, on the air, in blogs, eBooks, on Google and other search engines?
Follow-up responses to FAQs on the Blog Photo Debacle. Deirdre Reid lists tools to monitor online mentions of your name, your username, your company and other keywords. They all require proper attribution to the creator of the work; they may also require that you link back to the original. But there can also be good reasons to hesitate See also Online Works: Registration and Copying Legalities 9, AIGA.
In Marchthe Supreme Court decided to allow the importation and resale of foreign editions of American works, which are often cheaper so royalties are lower. E-books are much less expensive for publishers to produce, but instead of using the savings to be more generous to authors, the six major publishing houses all rigidly insist on clauses limiting e-book royalties to 25 percent of net popular thesis statement ghostwriter for hire for university half of a traditional hardcover royalty.
The case weighed the so-called first-sale doctrine, the legal theory that people in lawful possession of copyright material have the right to resell it. That has been the bedrock distinction between physical and electronic works since digital goods became widely available a decade ago Sales of digital material are considered licenses, which give consumers little or no ability to lend the item.
The worry is that without such constraints digital goods could be infinitely reproduced while still in the possession of the original owner.
Amazon, which caused an uproar with writers and publishers when it started selling used books inmade it as easy as clicking a button. The technology that triggered the first "format wars" and raised new copyright questions, establishing jurisprudence on fair use. Listen also to his TED talk: Laws that choke creativity Marchon generational differences in attitudes toward, and use of, technology.
See also Larry Lessig Threatened With Copyright Infringement Over Clear Fair Use; Decides To Fight Back Mike Masnik, Techdirt, His main point: Customers are not really buying those eBooks; they're licensing them. This has important implications for authors. When I buy a popular thesis statement ghostwriter for hire for university copy of a book, I can lend it to as many people as I want; I can't do that with an eBook, which is the clear sign that I've popular thesis statement ghostwriter for hire for university for a license to read, not a book.
Publishers don't make that clear in plain Englishsays Shatzkin, and should. Licensing of subsidiary rights e. Don't sign anything without full knowledge that you might be signing away substantial income. For more on this and related issues, see E-book rights, developments, conflicts, and struggles for market. To discourage the promotion of websites that use copyright infringing content, Google will be lowering their search result listings on Google.
Advice on how to behave online. Be careful what you re-tweet! A response to the controversial New York Times "Ethicist" post defending the ethics popular thesis statement ghostwriter for hire for university illegally downloading an e-book when you own the hardcover.
An e-book is a fundamentally popular thesis statement ghostwriter for hire for university product than a hardcover. Wednesday's question: What is fair online service vitae curriculum ghostwriter in the digital age? How much can I remix, quote, make fun of, or summarize without infringing on a copyright? A court in Brussels ruled that Google violated copyright laws by publishing links to stories from Belgian newspapers without permission, a case that legal experts said could have broad implications in Europe for the news services provided by search engines.
What to do when Getty sues you for infringement popular thesis statement ghostwriter for hire for university you wrongly post an image on your website. Dozier, Practical ECommerce, Second Life is a free 3D virtual world where users can top analysis essay ghostwriting for hire united kingdom, connect and create using free voice and text chat.
Popular thesis statement ghostwriter for hire for university Lawyer Says Second Life Copyright Issues "In Some Ways Worse" Than Real Life.
Second Life's owner, Linden Labs, has an official policy on intellectual propertyand a corporate statement on takedown noticesalso, under the Digital Millennium Copyright Act. See also: Embedded YouTube Videos - Copyright Infringement? Here's the group's blog pieces about copyright. For those with the patience popular thesis statement ghostwriter for hire for university read about copyright cases, analysis here starts on popular thesis statement ghostwriter for hire for university. Gordon Crovitz, WSJ Opinion, The "case of a photo-turned-poster of Barack Obama is a reminder that just because technology makes something possible doesn't make it right.
High-tech journalist Tam Harbert on Las Vegas-based Popular thesis statement ghostwriter for hire for university LLC and other firms who are less interested in preventing copyright infringement "cease and desist" than in collecting for it "insist," that is, send us the money.
Attention: Righthaven, the "copyright troll. The people Righthaven sues, says Ars Technica, are often the sources for the very stories they're suing about. Funded by the Las Vegas Review Journal, Righthaven sues random websites for copyright infringement for posting articles, or snippets of articles on their sites, often with a linkback, writes TechDirt in Righthaven Loses First Lawsuit; Judge Says Copying Was Fair Use. Unfortunately, says TechDirt, the case was not dismissed in another court, where a site was sued for content posted by a user on a user-generated site.
Righthaven buys the license to articles wrongly reprinted on several websites, registers their copyright, then sues for damages the owners of websites that post the articles. In one case, a judge dismissed the suit because the posting was probably fair use: Judge tells copyright troll Righthaven no, it's fair use Nate Anderson, ars technica, Most sites cave in and pay up typically a few thousand dollarsbecause their owners can't afford court battles.
Righthaven also seeks forfeiture of the website domain of those it sues. Righthaven is exploiting a loophole in copyright law, explains Wired Magazinesuing only sites "that have not registered a Digital Millennium Copyright Act takedown agent. Download this form PDF from the Read article Office and file it! And then the worm turns: Righthaven's lawyers now targets of State Bar investigation Ars Technica, But to dock in that legal safe harbor, a site has to, among other things, register an official contact point for DMCA takedown notices, a process that involves filling out a form and mailing a check" to the U.
Advises Kravets: "If you run a U. Discussion groups and listservs. See list of coalition's member essay editor website london. How to contact your elected U. Apple and Amazon have had such success with the single click-to-buy button. You also have to make buying as popular thesis statement ghostwriter for hire for university as possible. There is piracy such as companies copying and selling books en masse and there is nonpiracy like borrowing books from the library.
What's the dark side of the success of e-readers and e-books? In a word, popular thesis statement ghostwriter for hire for university. Max Magee, The Millions The Recording Industry of America learns that suing music fans en masse doesn't work against peer-to-peer P2P networks.
Kill one Napster and seven Bit Torrents emerge. The organization hopes to systematize how digital copyright infringement is handled. The ISP will email you a copyright alert, which informs you that your account has been used for illegal file-sharing and directs you to legal avenues to acquire movies or music.
Basically, plagiarism is "a verbatim republication of work that was originally published elsewhere, without clear attribution to the original publication. On using publicists and press releases as resources, not unattributed sources, and practical guidance on attribution from Arizona State University on everything you must do when you "copy and paste" information.
Labunski details how another author, popular thesis statement ghostwriter for hire for university by Regnery, claimed to have written the only work about the election ofMadison, Monroe, and the Bill of Rights--but that he based most of of it on Labunski's earlier book and failed totally to credit Labunski, who was particularly upset that he failed to acknowledge Labunski's painstaking work compiling data about that election.
The author didn't copy words, but he did steal the fruits of Popular thesis statement ghostwriter for hire for university labor and pass it off as his own. Maybe that's not plagiarism but it is intellectual theft. Amazon's erotica section is a magnet for copyright infringement, and "Amazon doesn't appear too eager to stop the forbidden author-on-author action.
And his ghostwriter never talked to him. Paul Devlin Slate, on how so many errors crept into this Yale University Press publication. They apparently "leaned heavily" on material full of errors.
See full section on plagiarism here. The Best Spinner vs. That being said it seems quite logic to do the research for any topic you want to write continue reading where?
So when you do that and then write your own article, you are actually rewriting articles that have been written already. You feel like it's your work, and it is. But it has been done before. This is where The Best Spinner comes in. Since we agree that you are rewriting other peoples contents anyways, why not let a program do your work or at least help you popular thesis statement ghostwriter for hire for university it.
What are the clues that this was written by someone for whom English is a second language? See fuller section on plagiarism hereunder Ethics, libel, freedom of the press. Read the articles below.
Here's Victoria Strauss's take on the subject, for Writer Beware : Rights vs. Includes this state-by-state directory of Volunteer Popular thesis statement ghostwriter for hire for university for the Cheap dissertation proofreading sites. Copyright Victoria Strauss for Writer Beware, Read that and then this, by the same author: The Importance of Reversion Clauses in Book Contracts Writer Popular thesis statement ghostwriter for hire for university, What to do and understand when a publisher or agent adds an addendum to a contract.
Very few addendums help the writer. Get exposure for your work popular thesis statement ghostwriter for hire for university losing ownership of it. Books 1, 2, and 3 will be held in a joint and open account, and Publisher shall not pay Author's share of royalties and subsidiary rights income on any Book of the Work until Author's share of royalties and subsidiary rights income for all Books exceeds the total advance.
Between two and five years from now, e-book rights will become the dominant book right. If traditional publishers do not change their accounting methods now, then these accounting methods will end up costing writers hundreds of thousands of dollars per year.
In some cases these sales are off by a factor of 10 or more. Jane Smith, blogging at How Publishing Really Works, reminds writers to master certain principles, including the difference between copyright and publishing rights and the difference between owning a thing and owning the copyright to it.
See many useful links at end of article. See also: Copyright Day Nicola Morgan, Help! I Need a Publisher! I haven't tested it. Stiles, a member of the Authors Guild, criticizes the AA for its academic leadership and its proposals to reduce copyright protections for authors and restrict remedies for infringement. Here's Pamela Samuelson on the organization's launch Samuelson is a UC Berkeley law professor and a founder of the Authors Alliance. In Fair Use Has a PosseCory Doctorow argues that academic authors want "to make their works more widely available in public policy debates.
A law created to prevent exploitation of workers among employers who avoid payroll, taxes, and benefits creates genuine problems for freelancers and independent contractors on Massachusetts. Her message in this blog entry: You can't count on publishers to give you a fair contract and you cannot always count on agents popular thesis statement ghostwriter for hire for university watch out for your interests, Read every line of every contract and educate yourself on what to watch for, or get a good intellectual property lawyer to do it for you.
Spec educating the public about speculative spec work. Book publishers are trying to grab electronic rights from authors whose contracts 20 years ago didn't anticipate such a thing as electronic books--and authors MUST educate themselves popular thesis statement ghostwriter for hire for university the issues involved, particularly because in the new electronic age it may make more economic sense to self-publish than to be content with the measly sums that will come from print-on-demand books the publisher arranges for, just to hang on to all rights on a book.
He continues: "That is practice which was unambiguously the wisest commercial course until our current and developing age of digital delivery. Now agents or publishers having licensed rights 'narrowly' can cause books not to be available to customers who would be happy to buy them when they easily could be doing so.
Fowler and Jeffrey A. Amazon's new experimental text-reading feature reads text aloud with a computer-generated voice. Answers popular thesis statement ghostwriter for hire for university questions as Can I Mention Brand Name Products in My Fiction? Can I Have Don Draper Make a Cameo Appearance in My Novel? Many excellent explanations and answers to common questions.
Popular thesis statement ghostwriter for hire for university Fowler, Rights of Writers, A Creative Commons Solution Jack Dougherty and Candace Simpson, On the Line, Read the comments, too.
An important discussion: "When an oral history narrator shares her story in response to questions posed by an interviewer, and the recording and transcript are deposited in an archive, who holds the rights to these historical source materials? Who decides whether or not they may be shared with the public, quoted in a publication, or uploaded to the web?
Who decides whether someone has the right to earn money from including an interview in a commercially distributed book, video, or website? Furthermore, does Creative Commons, a licensing tool developed by the open access movement to protect copyright while increasing public distribution, offer a better solution to these questions than existing oral history protocols? Taking dramatization rights breaks with industry practice. The publisher is compensating the freelancer for his or her journalism, not for speculative movie and tv deals.
Authors and agents are pushing back. But Random House lost its suit to prevent RosettaBooks publish author-licensed e-book editions of works by William Styron, Kurt Vonnegut Jr. Agent Nat Sobel says courts have agreed with the position that contracts 20 years ago didn't include electronic rights.
This is a big issue. Also available as a poster. See more SPARC Resources for Authorsaddressing practical questions Begriff cheap cheap essay writers site for phd und issues, such as Can I post my articles on my course Web sites or in institutional repositories?
Can I share my work freely after assigning exclusive copyright to a publisher? How things are changing for academic authors, who in the past have given up their rights, in exchange for credits they valued for career advancement.
See also this chapter on the academic publishing businessan excerpt from The Digital Scholar: How Technology is Transforming Academic Practice by Martin Weller. Transforming Scholarly Communication, University of Minnesota.
Stephen Berry, Martin Blume,Thomas von Foerster, Alexander Fowler, Paul Ginsparg, Stephen Heller, Neil Kestner, Andrew Popular thesis statement ghostwriter for hire for university, Ann Okerson, Ron Wigington popular thesis statement ghostwriter for hire for university Anne Moffat, in Science 4 September Toward end of Authors' Rights and Publishers' Rights Grabs are more entries on who owns which popular thesis statement ghostwriter for hire for university to interviews.
Frankel's report on study for American Association for the Advancement of Science. Rigamonti, International Law Journal, Law, moral rights receive protection through judicial interpretation of several copyright, trademark, privacy, and defamation statutes, and popular thesis statement ghostwriter for hire for university 17 U.
Wikipedia, subsection of Moral rights copyright law. Basic message: The U. Such contracts might later be attacked as an "adhesion contract". The essence of the problem in most of the above situations is that all of the power and control is in the hands of the stronger party, who is then in a position to abuse or exploit popular thesis statement ghostwriter for hire for university weaker party.
A written contract is unable to change this imbalance of power, or the consequences that flow from the exploitation of the weaker party. Another sentence of interest: "You do have moral rights in, for example, a book - so long as it contains the magic phrase 'Moral Rights Asserted'.
Old members got a copy in October Read the whole thing! Contract should require the publisher to make a decision within a certain number popular thesis statement ghostwriter for hire for university visit web page e. You may not be able to avoid one, but negotiate a better one. Rachelle Gardner, Not likely; they have an investment to protect. The agent's and writer's goal, in negotiating the non-compete clause, should be to "find ways to limit its scope and yet still satisfy the protection the publisher desires.
You can be creative. A killer contract will clarify what is expected popular thesis statement ghostwriter for hire for university both sides and it can also help you to communicate your approach to doing business. It will back-up your brand values and help you to build a great relationship between you and your customers. In other words, a creative contract can be a killer contract. You do NOT want your royalties based on net; the chances of your getting any royalties is greatly reduced.
Get royalties based on cover price. Free PDF popular thesis statement ghostwriter for hire for university 10 basic agreements for a variety of common business situations that creative professionals face.
Kristine Kathryn Rusch, The Business Rusch, Publishers give better contracts to authors with clout, lesser contracts to newbies; agents vary in how well they advocate for their authors. See, for example, the section on cross-collateralization, which is important if you do more than one title with a publisher. Here's why you should read those indemnity and liability clauses carefully, and be wary of warranting things you can't afford to warrant. Sometimes you will see a clause like this: "The Author recognizes that money damages alone would not adequately compensate the Company in the event of breach by the Author of this Agreement, and the Author therefore agrees that, in addition to all other remedies available to the Company at http://89paint.co/cheap-application-letter-ghostwriter-for-hire-au.php, in equity or otherwise, the Company shall be entitled to injunctive relief for the enforcement thereof.
An example of a legal remedy is monetary damages. An example popular thesis statement ghostwriter for hire for university an equitable remedy is an injunction.
Jesse Salvar, Law Law Land, Scroll down to the chart labeled Book-publishing Royalties - "Net" and "Retail" Compared. He's also a lawyer but "this is not legal advice. Neuenschwander Oxford Oral History, with chapters on legal release agreements, subpoenas and FOIA requests, defamation, privacy issues, copyright, oral history on the Internet, institutional review boards IRBand duty to report a crime, with sample legal release forms, oral history evaluation guidelines Oral History Associationand more.
Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts because they are popular thesis statement ghostwriter for hire for university on copyright.
Joint Accounting former agent Nathan Bransford, On a two-book deal, you want a separate account with your publisher for each book--not a joint account.
See section on reversion of rights, a different topic, below. Agent Richard Curtis in E-Reads reports and comments on new morals element in HarperCollins' termination clause:. Author will promptly repay the portion of the Advance previously paid to Author, or, if such breach occurred following publication of the Work, Author will promptly repay the portion of the Advance which has not yet been recouped by Http://89paint.co/professional-research-paper-ghostwriters-sites-gb.php. See also PEN's PEN America's answers to FAQs How do I go about acquiring the rights to a foreign title I am interested in translating and shopping around to publishers?
What is a work-for hire? Is it ever acceptable? What happens when a translation to which I have the copyright goes out of print? How do I assert my rights? You can download them free, individually or as a single document.
Here are two of the links:. Rights in Perpetuity to Publisher. Until recently, there was a standard "reversion of rights" clause in book contracts, by which rights to the book would revert to the author, six months after the author's request, if the book was no longer in print or sales had dwindled to almost nothing. With POD printing available, publishers are now eager to hang on to those rights, selling one book at a time, POD--with measly returns to writers, who could make more reprinting the book on their own, once sales diminish to a trickle.
So read up and DO NOT sign away "all rights in perpetuity"! Kassia Krozser, Booksquare When 41 authors who had works published by the university press asked for the rights to their works back unless the editor-in-chief, Mr. Clair Willcox, was rehired, the University of Popular thesis statement ghostwriter for hire for university reversed its plans to close the university's publishing house click re-hired the editor. If not, keep reading.
Copyright Office Besides work created as part of employment, there is work for hire created by independent contractors. A work created by an independent contractor can be a. Very interesting statement of history. Legalities 4: What is Work Made For Hire? Corynne McSherry, Electronic Frontier Foundation, Students, don't let a greedy university pull the wool over your eyes, as this University of Hawaii FAQs page tries to do.
Unlike the a work-for-hire situation, academics typically retain the copyrights in the scholarly work they produce, and may retain, sell or assign those copyrights, or dedicate them to the public domain, at their discretion. See also Copyright and Academia Writers and Editors [Back to Click here Artists' looming battle with recording industry.
Mark your calendars: These termination rights apply to both books and music. Crespin, for Authors Guild. A copyright law that lets authors break contracts after 35 years will start taking effect in January. Therefore, transfers of sound recordings by artists to their record labels are subject to the termination right only if those recordings were not made for hire.
But with musicians and songwriters now moving to assert popular thesis statement ghostwriter for hire for university control, the provision threatens to leave the four major record companies, which have made billions of dollars from such recordings and songs, out in the cold.
With the recording industry already reeling from plummeting sales, termination rights claims could be another serious financial blow. The only real exception is in cases where the work qualifies as 'work for hire. Representative John Conyers Jr. Why Is My Biographer popular thesis statement ghostwriter for hire for university Shel Silverstein Headed for the Sidewalk's End? Joseph Thomas, Slate, You see, scholars have to request permission to reproduce more than a few lines of a copyrighted poem or song lyric.
What happens when there is a conflict between how much a biographer wants to tell, how clearly the subject of a literary biography has expressed his http://89paint.co/best-thesis-proposal-writer-services-online.php about popular thesis statement ghostwriter for hire for university, and whether the estate honors those wishes.
Effort to Capitalize on Faulkner's Estate Raises Questions About What Happens to Works After Writers Die must reading for authors, heirs, and universities and museums displaying authors' artifacts. Fiction writer Kristine Kathryn Rusch on inaccurate e-book royalty statements issued by the Big Six traditional publishers, and a follow-up column a week later: Royalty Statements Update Photographers fear their pictures could lose value due to a new 'micropayment' scheme created by a picture stock library to license images online.
Here's the Creative Commons license. This Wikipedia entry is popular thesis statement ghostwriter for hire for university for its discussion of the issues.
Here is Wikipedia's entry on the license, and popular thesis statement ghostwriter for hire for university entry on the GNU projecta free software, mass collaboration project. Providing musicians with empowering, pro bono legal counsel. I bought the physical book or CD -- what rights does that give me? The right does not apply to unlawfully made audio or video tapes.
See also Grimmelmann: Issues in Kirtsaeng 'Significant' James Grimmelmann, PW, Register of Copyrights Maria Pallante is already proposing significant reforms to the Copyright Act.
Meanwhile, here's another take on the Kirtsaeng decision: "Supreme Court to Wiley publishers: your insane theory of copyright is wrong" Cory Doctorow, BoingBoing, "The US Supreme Court has handed down a verdict in Kirtsaeng v. However you feel about cheap overseas editions and their importation into the USA, this was a disastrous legal theory.
Practically everything owned by Americans is made outside of the USA and almost all of it embodies some kind of copyright. Under Wiley's theory, you would have no first-sale rights to any of that stuff -- you couldn't sell it, you popular thesis statement ghostwriter for hire for university even give it away. What's more, the other "exceptions and limitations" to copyright would also not apply, meaning that it would be illegal to photograph anything made outside of the USA no di minimum exemption or to transform it in any way no fair use, either.
Thanks goodness the Supremes got this one right! Supap Kirtsaeng in which Kirtsaeng, a Thai-born U. In its verdict, a three-judge panel of the Second Circuit affirmed, by a margin, that Kirtsaeng could not avail himself of the first sale doctrine because the law says that products must be 'lawfully made.
This is because it may not always be clear to resellers and consumers in the United States whether they are purchasing a lawfully made work manufactured for sale in a foreign market or an unauthorized pirated copy.
Hathi Trust under Fair Use scroll to cases at end of Fair Use section. The Ninth Circuit ruled recently that "an individual who purchased and then resold secondhand software was not the 'owner' of that copy of the software and therefore could not resell it when the license agreement accompanying the software restricted such resale. See especially Ownership of Copyrights in Theses.
Example of a clear explanation of when the thesis writer does and does not own the copyright--and under which conditions that right might be curtailed. David Crotty, The Scholarly Kitchen, "In the biomedical realm, Open Access OA is a well-established phenomenon. There is great skepticism and increasing anger brewing in the source community about being subject to inappropriate policies, particularly any that impose a Creative Commons CC BY license on published work.
I thought it was worth revisiting this post that looks at the separate intellectual property needs of these very different fields. A detailed guide to copyright compliance for graduate students. See for example his lecture on Technological Protection Measures for example, strategies deployed by the music industry to prevent mass copying: encryption, CSS, the Secure Digital Music Initiative, SDMI, and the Real Audio and Real Video Formatsas viewed from the perspective of basic theories of intellectual property.
DRM is any scheme that uses access-control technology to limit access, use, and sharing of digital content after the sale of copyrighted material.
Those who want to can usually find ways to circumvent it, and making it hard to circumvent also makes things difficult for users. About DRM, yes, but also about the importance in niche markets of metadata.
When a book really becomes an orphan, it would benefit everyone site dissertation hypothesis esl proofreading nyc the rights to enter the public domain. In some cases the name of the creator or copyright owner of an orphan work may be Acute best personal statement ghostwriter websites sf einer but other than the name no information can be established.
Reasons for a work to be orphan include that the copyright owner is unaware of their ownership or that the copyright owner has died or gone out of popular thesis statement ghostwriter for hire for university if a company and it is not possible to establish to whom ownership of the copyright has passed. This "legislation would allow good-faith users of copyrighted content to move forward in cases where they wish to license a use but cannot locate the copyright owner after a diligent search.
Status shown here at Govtrack. See also entries for the Google Book Settlementwhich is very much associated with the issue of orphan works. This 'reform' would be an amazingly onerous and inefficient change, which would unfairly and unnecessarily burden copyright holders with little return to the public.
Among questions answered on that site:. In some cases, critical essay websites united states things may be protected as trademarks. However, copyright protection may be available for logo artwork that contains sufficient authorship.
In some circumstances, an artistic logo may also be protected as a popular thesis statement ghostwriter for hire for university. The Internet Corporation for Assigned Names and Numbers ICANNa nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers. On the same website page, see also the answers to: How do I protect my recipe? Can Popular thesis statement ghostwriter for hire for university copyright the name of my band?
How do I protect my idea? Can I get a star named after me and claim copyright to it? In a relatively rare instance where your title is likely to create confusion with a previously published book, your publisher will likely urge you to adopt a different, safer title Klems, Writer's Digest, See also Part 2: Protecting Trademarks and Part 3: Regularizing Irregulars Does Curly-Wurly become Curly-Wurlys or Curly Wurlies, and other thoughts about using the right language with trademarks.
Patent and Trademark Office. Clearing rights and finding rightsholders. Links below are popular thesis statement ghostwriter for hire for university in this order:. See also the section on Fair use when it is okay to use material without requesting permission or clearing rights.
Among other thing, covers when permission popular thesis statement ghostwriter for hire for university needed for your own published work; for texts; for works of art; and for film stills.
For example, "Frame captures, also called film stills, are generally considered to fall in the realm of fair use for scholarly publishing.
Butler, an entertainment and business attorney, masters service nyc writer cheap essay "using someone else's intellectual property for financial gain" -- very popular thesis statement ghostwriter for hire for university if you're clearing many rights. Changes in copyright law made recorded music, radio, and cable legitimate, when they had been considered piracy from live entertainment.
We have a pervasive "permissions culture" more info, that is strangling documentary-makers, writes Decherney.
Particularly useful: Linking and framing which includes a permissions form. Copyright and Licensing Toolkit for UK Future Learn, Web2rights. Photographer Daniel Morel posted news photos on Sites nyc blog editor popular post, claiming exclusive photos; moments later a second photographer uploaded them to his TwitPic account and claimed them as his.
Suit and countersuit filed, as photographer 2 sold photos to agencies including Agence France Presseand Morel registered copyright so damages could be sizable. These works include:Literary, Dramatic, including top admission essay writers service gb music, pantomimes and choreographic, Pictorial, graphic and sculptural.
Motion pictures and other audiovisual, sound recordings, and. See links for various release forms, including release forms for minors, music permission agreement, location release form, materials permission agreement. Who obtains copyright permissions? Is the work in copyright? When do I need permission?
Who and what to ask, What if I cannot trace whoever is entitled to give permission? What if, having made every effort, I still cannot trace the copyright owner? How much will the fee be? Guidelines for using material other than your own. How do you know when you need permission? What doesn't need permission?
Who owns the copyright? What pitfalls to avoid. More About FOBwhich is run jointly by the Harry Ransom Center University of Texas, Austin and University of Reading Library. The Harry Ransom Center also runs WATCH Writers Artists and Their Copyright Holderswhich a colleague tells me is a great idea but sadly out of date.
The Authors Guild has tried to establish a similar database; I am not sure how good it is. CLEARING RIGHTS IN THE VISUAL ARTS:. Wright, whose Photo Attorney blog Photo Attorney serves photographers' legal needs. Copyright infringers offer excuses, outlined here, to avoid liability but these excuses don't stand up in court. Note their pricing guides. Corel Corporation Cases of Interest Issue: Whether color transparencies of paintings which themselves are in the public domain are sufficiently original to receive copyright protection.
Such protection would undermine the underlying interest of promoting the arts. MILE: Custom dissertation methodology ghostwriters service nyc Image Library Popular thesis statement ghostwriter for hire for university. The MILE Project "wants to make art available to everyone by improving metadata.
Follow-up popular thesis statement ghostwriter for hire for university Tips on same. We Explain Anne P. Mitchell, The Internet Patrol, Please tell me about clear explanations that are not linked to here. Wright, Photo Attorney, See also the section on Fair use [Go Top]. CLEARING RIGHTS FOR MUSIC AND SOUND. Clearing rights for music is not for sissies. There are probably separate copyrights for the music and lyrics, not to mention synchronization rights to embed copyrighted music in an audio-visual productionpublic performance licenses, and so on.
Keeping it simplest, you might want to produce your own music from sheet music; once a piece of music is recorded or performed, clearing permissions gets more complicated. Try searching the ASCAP the American Society of Composers, Authors and Publishers and BMI song title databases by song, title, songwriter, or publisher for information on songs and songwriters registered with these performing rights societies liner notes on music may tell you to which society a writer belongs.
If you don't find a songwriter registered with ASCAP, check with BMI or SESAC both owned by the music industry. Songs that are not represented by ASCAP may be represented by the National Music Publishers Association. BMI and SESAC handle some rights, and the Harry Fox Agency the chief music licensing agency, especially for recording rights collects royalties from recording rights for most publishers.
For groups producing live productions, remember that recording those performances produces a derivative work, for which additional rights must be cleared. These organizations may be helpful in different ways:. Worth looking at, but as with the Conference on Fair Use held decades earlier, this is a case of the Patent and Trademark Office executive branch of government dealing with a copyright issue, which is the bailiwick of the legislative branch of government.
Klems, Writers Digest, Allen's blog entry presents Michael Murphy's "Five Steps to Obtain Song Lyric Rights. Lyricists are our fellow writers and they deserve to get paid too. A Creative Commons Solution Jack Dougherty and Candace Simpson, On the Line, See also Music, Copyright, and the Public Domain.
Performance Royalties : Anytime there is a "public performance" of your song, you are owed a royalty. Performing Rights Organizations PROs : ASCAP, BMI, SESAC, SOCAN, etc. Mechanical Royalties : When someone buys a song or streams it the songwriter is owed money. Admin Publishing administrators who collect royalties for your songs. But read the whole page!
In the US, that royalty is paid through your aggregator CD Baby, TuneCore, etc. Internationally, you need a publishing administrator like Songtrust to collect it. Read it all, song rights owners. Examples cited are lyrics printed on clothing as well as compositions and master recordings licensed for singing toys and a popular thesis statement ghostwriter for hire for university toothbrush. Scroll down right for more specific bits.
These stations pay songwriters, but, unlike stations in almost every other country, do not pay for the recordings they play. This has long angered record companies, but the law has become especially contested in the age of Internet and satellite radio, which pay both kinds of royalties. For example, Can I legally make CDs or tapes of recordings for others so long as I don't charge or otherwise make a profit?
Do I need a license if I want to record and distribute a CD of myself singing a popular tune? Do you need a license to play music over the radio? Do I need permission to upload music to my popular thesis statement ghostwriter for hire for university site? How much does it cost to get a mechanical license? Virtually every sound recording in the USA is copyright protected at least until the year The music itself may be public domain, but the sound recording of it say, "Mary Had a Little Lamb" may be copyright protected under state law.
Understanding How Independent Artists Can Get The Most Out of Their Royalty Payments. In the United States, the PROs are ASCAP, BMI, or SESAC. Each of these organizations negotiate and collect license fees from various entities that publicly perform music, and then they distribute royalty payments to their members. Understanding how the PROs calculate and pay revenues to their members is important to consider when deciding which PRO to join.
Each of the PROs have detailed explanations of how they pay royalties to their artists, including foreign royalty payments and payments for internet public performances beyond the scope of this article, which you can read in full at the following links:.
As for "derivative works," or remixes, it advises: "The phrase 'derivative works' refers to creations such as remixes, where you might take images or sound from a recording and edit it into something new.
Although the new video is your popular thesis statement ghostwriter for hire for university creation, the images and sound you've used still belong to someone else. Should royalties for downloads be treated the same as CDs or as licensed music, which pays substantially higher royalties?
An important lawsuit on an important issue. A fight about the way digital royalty rates are set "pits the survival of Pandora Media and other Internet radio services against the diminished paychecks of musicians in the digital age See How to clear music for films and other and other frequently asked questions about ASCAP licensing and ASCAP Keeps You in Tune with the Copyright Law. Copyright Office, Circular One of many really helpful explanations on site of Artists House Music helping musicians and music entrepreneurs create sustainable careers.
Check out featured articles and video interviews. Click on "Songfile" for online song search and mechanical licensing tool, for if you want to make 2, or fewer copies of a recording as a CD, cassette, LP, or digital download. Limelight, a service of RightsFlowsimplifies http://89paint.co/best-content-writer-services-liverpool.php process of clearing cover songs.
Interview with Michael Kauffman of RightsFlow. See more at site of. Wedding and Event Videographers Association International WEVA. I don't personally know how useful popular thesis statement ghostwriter for hire for university fairly costly book is: The Mini-Encyclopedia of Public Source Songs by Barbara Zimmerman See also the section on Fair use.
They seem to accept nonscreenplay manuscripts as well. Getting releases signed in advance When you are taping an interview or performance, or taking photos, or otherwise recording images for later use in a publication or production, be sure to read up first on which releases it makes sense to get in advance -- as you are conducting the interview or taking the picture, etc. I've provided links to some sample release forms below, but this is just to popular thesis statement ghostwriter for hire for university you a sense of what is needed.
You may want to consult a lawyer or at the very least a good professional organization or reference. If I were doing photos, for example, I would consider joining ASMP, which does good rights education.
Among rights you do not want to violate: rights of privacy using a nonpublic person's private information or images or rights of publicity using a person's image, voice, likeness, or name in a commercial endeavor ; in some cases, rights of trademark; and of course claims of libel or slander depending on what you record or photograph them doingas well as claims of misuse of content.
What exactly is "commercial use"? Includes links to permissions departments and information for the six major U. Perlman, ASMP, for images of real estate or personal property, including cars, pets, and works of art and Why you need photo releases in advance ASMP on rights of privacy, publicity, property, etc.
Sally Wiener Grotta, Wordsmiths, See both checklist and links to Word popular thesis statement ghostwriter for hire for university for various release forms, including release forms for minors, music permission agreement, location release form, materials permission agreement. Links to other resources on Writers and Editors website. If it takes an "offending" link down, it can't be sued.
Here's a Directory of Service Provider Agents for Notification of Claims of Infringement. The Copyright Office has a new fully-electronic online system through which service providers can read more efficiently submit and update, and the public can more easily search for and find, designated agents for DMCA takedown notices.
Any service provider that has previously designated an agent with the Office will have until December 31, to submit a new designation electronically through the new online registration system. Haltom, Authors Guild, Providing some help for self-published authors to prevent piracy of their ebooks in the form of offers of free downloads of your book, etc.
The DMCA includes provisions designed to prevent abuse of the takedown process and allows people like Lenz to sue copyright holders for bogus takedowns. Researchers in the US, Europe, and other countries esl writing ghostwriter ca working collaboratively to understand this fundamental regulatory system for global online speech.
All stories about a disgraced researcher get pulled by WordPress. Here's Tom Levenson's story on the same situation The Land of Broken Links, Balloon Juice, ERIC Digest a clear explanation. The latest round of Digital Millennium Copyright Act exemptions, granted by the Librarian popular thesis statement ghostwriter for hire for university Congress, has received a lot of press, partly for an exemption for bypassing DRM on DVDs and partly for the 2 exemptions that allow "jailbreaking" of smartphone operating systems such as the iPhone to allow non-authorized software and applications to run on the phone, or use the phone on a non-authorized wireless network.
Specifically, it bans carriers like Comcast and Verizon from blocking or slowing down websites, or charging sites extra fees to popular thesis statement ghostwriter for hire for university people faster.
That means Americans have an equal chance of being heard online. Approves Net Neutrality Rules, Classifying Broadband Internet Service as a Utility Rebecca R. Ruiz and Steve Lohr, Technology, NY Times, Net Neutrality Rules Clear Hurdle as Republicans Concede to Obama Jonathan Weisman, NY Times, This could put small and independent service providers at a disadvantage.
These companies would have the power to pick winners and losers online and discriminate against online content and applications. And no one would be able to do anything about it. The agency can preserve Net Neutrality only by popular thesis statement ghostwriter for hire for university broadband as a telecommunications service under the law. Anything else is an help thesis writing online best proposal on our rights to connect and communicate.
Popular thesis statement ghostwriter for hire for university Cause, holding power accountable. Network neutrality is the principle that Internet users should be able to access any web content they choose and use any applications they choose, without restrictions or limitations imposed by their Internet service provider.
Derek Turner, Salon, Why does the same thing cost so much more in the U. Should Google have to pay for the bandwidth it consumes? Google Book Settlement Pro and Con Links to settlement info and discussions in re Literary Works in Electronic Databases Copyright Litigation.
But 15 years later, the project is stuck in low-Earth orbit. An interesting and informative and corrective set of articles. Ten years ago popular thesis statement ghostwriter for hire for university were no Kindles, iPads, or postcard-sized smartphones to read on. Now the growth of e-reading is unmistakable The full digitized books are walled-off, making only certain uses possible In a narrow sense, the decade-long litigation over Google Books ended with a judgment about the balance of these factors for a specific project: a large company scanning and indexing the contents of millions of volumes.
But critically, and with greater and lasting impact, the case also helped to clarify fair use in general. Google stands to make fair use much more muscular After all, as Judge Leval emphasized: 'While authors are undoubtedly important intended beneficiaries of copyright, the ultimate, primary intended beneficiary is the public. Pamela Samuelson, Chronicle of Higher Education, "The Authors Guild has lost the latest round http://89paint.co/popular-essay-editing-websites-online.php the copyright battle that it brought against Google more than a decade ago.
Google Book Search does precisely what the overwhelming majority of authors of books in research-library collections would want for their books: It rescues them from the obscurity of print collections and makes them more findable online The information that Google makes instantaneously available about relevant books "would otherwise not be obtainable in lifetimes of searching.
Supreme Court case for writers' rights, Reed Elsevier v. Muchnick see PW story, The Objector Inas a district court popular thesis statement ghostwriter for hire for university, Sonia Sotomayor ruled in favor of the defendants.
Inan Appeals Court reversed Sotomayor. Inthe Supreme Court affirmed that reversal. Four years later, ina settlement was announced. It was quickly approved, but Muchnick, and a handful of other objectors, including Popular thesis statement ghostwriter for hire for university Bartholomew, represented by Charles Chalmers, appealed.
A major issue for the organizations is the fate of books published before publishing contracts contained language about the ownership of e-book rights, popular thesis statement ghostwriter for hire for university the writers contending that in contracts where the rights are not spelled out, e-book rights remain with the author. But I agree with the authors groups on this: the key points of the AAP agreement need to be made public Best for the parties to take the key points of this agreement outside, into the sunshine, for all to see.
Rick Anderson, The Scholarly Kitchen, Google Scott Turow, Authors Guild, in letter to the editor, New York Times The day of decision: Scott Turow Authors Guild on Google Ruling. While the company took pains to protect the rights of copyright holders -- only tiny snippets are revealed from in-print books -- it put the burden on authors and publishers to police their works' inclusion in the archive.
Google will remove books on request, but without an explicit request, it will otherwise digitize anything it can get hold of. He also expressed concern over the agreement's handling of 'orphaned' books -- works that are still under copyright, but no longer in print.
Erik Sherman, BNET Wired In blog,which links to his earlier posts. Sherman writes: "The two sides negotiated a highly controversial settlement that drew extensive criticism from the Department of Justice, including the following:. This one allowed Google to display copyrighted works in the future for anyone who did not opt out of the agreement.
Rights owners that did not claim money within five years would forfeit their money to those already registered. So the deal was stacked in the favor of those with rights to books currently in print, even though Google wanted to scan and display the out-of-print books. There are HUGE issues involved in this book settlement see especially Mary Beth Peters on the dangers of changing copyright law about orphan works through litigation rather than legislation.
This kind of issue may give you a headache, but you should read up on it if you have ever written and published a book. Deadline for filling out the Google Book Settlement Claim form which is not user-friendly has been extended. The court overseeing Authors Guild v. Google extended the time for authors and publishers to opt out of the settlement by four months, to September 4th Judge Chin's order.
The fairness hearing will be on October 7th. Popular thesis statement ghostwriter for hire for university out Kristine Smith's instructions for filling out the form link below. See also links to stories about Orphan Works legislation. The Authors Guild and the Association of American Publishers support the agreement.
Among those who oppose it are Mary Beth Peters, U. Register of Copyrights, calls the settlement "a compulsory license for the benefit of one company," help writing essay hillary clinton believes it's the wrong way to go about handling the "orphan works" issue.
Orphan works are copyrighted works for whom the rights-holders cannot be identified or located -- the very rights-holders who are also unlikely to come forward and opt out of the settlement. As Brewster Kahle writes, summing up objections of others: "Google would get an explicit, perpetual license to scan and sell access to these in-copyright but out-of-print orphans, which make up an estimated 50 to 70 percent of books published after No other provider of digital books would enjoy the same legal protection We need to focus on legislation to address works that are caught in copyright limbo.
And we need to stop monopolies from forming so that we can create vibrant publishing environments. Monopolies are prone to engage in many abuses. The market for digitized orphan books could be competitive, but will not be if this settlement is approved as is.
The SFWA statement see below provides another clear outline of objections to the settlement. Those popular thesis statement ghostwriter for hire for university object may want to sign Ursula LeGuin's Petition Letter to the Judge of the Google Book Settlement to be sent to Judge Chin by January 28th,attached as an exhibit to the brief to be submitted to the court by the NWU, ASJA, and SFWA, who oppose the settlement. One member of ASJA, encouraged to sign LeGuin's petition, responded: "I can't sign the petition because I do not agree.
I feel the agreement is useful and worthwhile. It verifies that Google's preemptive scanning was wrong and prevents others from going about it the same way. It sets up a best practices standard and mechanism for the transition from print to digital publishing. I respect the people who oppose the settlement and I know they have put much thought and concern into the matter.
But I have not found their arguments convincing. So, should you have opted out? Here are popular thesis statement ghostwriter for hire for university few of the last-minute aids to decision-making that ASJA posted for its members at the time of the January deadline for opting out:.
Speakers are NYU Law professor James Grimmelmann, AG executive director Paul Aiken, Lynn Chu of Writers Reps LLC, with Ed Hasbrouck of NWU, Salley Shannon of ASJA, and Michael Capobianco of SFFW. Webcast video and audio. Here is go here Justice Department's Feb.
But it said the changes were not enough to placate concerns that the deal would grant Google a monopoly over millions of orphan works, meaning books whose right holders are unknown or cannot be found.
Here's the Authors Guild response: To RIAA or Not to RIAA, That was the Questionexplaining why they didn't press litigation through to the end. AG cites the Pyrrhic court victories of the Recording Industry Association of America and the collapse of the music industry. Music is a performing art: people click tickets to see musicians.
Writing is decidedly not a performing art. Nearly all authors give away their performances, through book tours and readings, and are glad for any audience they can find. For most authors, markets created by copyright are all we've got.
Protecting authors' interests has always been our top priority: in this case a timely harnessing of Google was the best way to do it. The following links are to explanations, arguments, etc. Information for the library community--links to news, to A Guide for the Perplexed: Libraries and the Google Library Project Settlementand much more.
Google Settlement Resources Page AG. AG corrects both Morris memo and various myths circulating about the settlement. AG says that by staying in the settlement you aren't limited to the quite favorable royalty rate we've negotiated; you have the right to veto your publisher's decision to make your in-print book available in any way through the settlement; you have the right to block all displays of your out-of-print books, even if rights haven't reverted to you, even if your publisher wants to display the books; you have the right to have your work in Google's searchable database and display only snippets to users, blocking all other uses by Google; you have the right to change your mind allow books you'd previously blocked to be displayed; block books you'd previously allowed to be displayed at any time.
Do read this one. Popular thesis statement ghostwriter for hire for university a page here for opting out of the settlement ; the deadline for opting out is Sept.
The Final Fairness Hearing is Oct. If you opt out, you may want to read this overview of the Google Books Partner Programone alternative that allows you to be part of the Google action. Gant's objection is particularly cogent. O'Brien and Eric Pfanner NYTimes, Annalee Newitz, io9 Publishing, To understand it, you need a little back story on the previous giant shift in copyright law, which happened about twelve years ago.
Incopyright was turned on its head by a piece of legislation often called the "Mickey Mouse Protection Act. Known to policy-makers as the Copyright Extension Act, it was the result of intensive lobbying by the entertainment industry, led in part by Disney, to extend the copyright on any work created after One might say that the Google Book Settlement GBS is the result of this migration. But it's safe to assume that the digitized books that scholars will be working with then will be the very same ones that are sitting on Google's servers today, augmented by the millions of titles published in the interim.
But for scholars, it raises another, equally basic question: What assurances do we have that Google will do this right? Google has been something of a shape-shifter in describing the project. The company likes to refer to Google's book search as a 'library,' but it generally talks about books as just another personal statement editing websites of information resource to popular thesis statement ghostwriter for hire for university incorporated into Greater Google.
Read the whole Chronicle story here. Lynn Chu's piece in the Wall Street Journal and a letter to the editor in response from Paul Aiken, executive director of the Authors Guild: The Google Book Deal Will Help, Not Hurt, Authorswhich this web page out essential errors in Chu's piece. Anita Bartholomew popular thesis statement ghostwriter for hire for university, in turn, says the Popular thesis statement ghostwriter for hire for university Guild is providing false information.
Paris court rules against Google after publisher argues the industry is being exploited by Google's Book Search program, launched in The American Society of Media Photographers -- with the Graphic Artists Guild, Picture Archive Counsel of America, North American Nature Photography Association, and Professional Photographers of America -- filed a class-action copyright infringement suit, alleging that Google failed to obtain permission to scan and display books from people who owned rights to photographs and illustrations that appear in the titles.
But in settling the case, I made a deal with Search Engine X that it could have your future rights along with mine, popular thesis statement ghostwriter for hire for university exchange for something else I wanted.
Do you think it would be fair for you to be forced into such a deal? And, aside from a dozen other arguments that could be made, I hope that Judge Chin recognizes the inherent injustice of such a deal and stops it right there. Gant "argues that the agreement, which gives Google commercial rights to millions of books without having to negotiate for them individually, amounts to an abuse of the class-action process. He also contends that it does not sufficiently compensate authors and does not adequately notify and represent all the authors affected.
It starts on go here. Print those pages out and mark them up! Her comments on the Google Book Settlement appear on p. They claim the ettlement is bad for consumers and book-lovers; is bad for libraries and schools; is bad for authors and small publishers; and sets a dangerous and unprecedented process precedent.
Amazon's objection is that it is anticompetitive and amounts to popular thesis statement ghostwriter for hire for university fixing; PL points out that Amazon fears a competitor with overhwelming power. This is one of the easiest to understand statements against the settlement, covering issues of particular phd essay ghostwriter website to fiction writers, and these: "the settlement makes no distinction, nor does it provide a mechanism for discovering the difference, between works deemed out-of-print and works in the public domain"; the AG and AAP "are poor representatives of the class as neither represents the types of work perhaps most significantly affected by the settlement, namely scholarly works"; the "'opt-out' mechanism proposed for the popular thesis statement ghostwriter for hire for university contradicts the very foundation of copyright; the "the class does not reflect the interested parties, primarily popular thesis statement ghostwriter for hire for university holders of copyrights in 'orphan works' where the rightsholder s cannot be identified or found.
From Google Anita Bartholomew. Hint: They're in Redmond, Washington Steven Levy, Wired,points out that Microsoft helped fund Grimmelmann. See William Morris's Google Memo Off Target on Authors Guild site. Links to other resources on Writers and Editors website [Go Top]. The publisher is signaling that it will no longer include minimum sales requirements for a work to be considered in print. Effectively, the publisher would co-own your copyright.
Other major trade publishers are not seeking a similar perpetual source of rights. We urge you to consider your options carefully:. Your book will live and die with this particular conglomerate.
Ask your agent to explore other options. Other publishers are not seeking an irrevocable grant of rights. Let us know if other major publishers follow suit. Any coordination among publishers on this matter has serious legal implications. Feel free to forward and post this message in its entirety. The Authors Guild www. China: Friend or Foe of the Content Industry?
Popular thesis statement ghostwriter for hire for university I am NOT a lawyer and this is NOT legal advice. I hope the material on this page will help prevent your needing a lawyer--or paying a lawyer for information you can find online.
Bottom line: respect copyright because it's the right thing to do and because if you don't you may be sued for infringement. Popular thesis statement ghostwriter for hire for university you do need help and qualify financially, consider Volunteer Lawyers for the Arts VLA Who owns quinoa?
Lisa Hamilton, on Splendid Table. Patricia Aufderheide talks about copyright and fair use Popular thesis statement ghostwriter for hire for university Shop Talk, from The Chicago Manual of Style. Photographer's Guide to Copyrightfree from the American Society of Media Photographers ASMP and PhotoShelter. Popular thesis statement ghostwriter for hire for university monkey took a selfie. Photographer David Slater is furious at the Wikimedia Foundation, publisher of Wikipedia, for publishing this photograph on its website without permission: Legal Threats Database Citizen Media Law Project To search for a particular topic, press Control F on Your computer.
On my PC the search term then appears popular thesis statement ghostwriter for hire for university a small box in lower left corner, and I can click on Next click the following article Previous to find where and if term occurs on that page. Constitution empowers the U. Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The continue reading clause allows Congress to protect and encourage the writings and discoveries of authors and inventors no mention of publishers -- only to the extent that they are original or inventive, and not just improvements on existing knowledge.
Limitations on that protection such as First Amendment rights and fair use have been determined through decisions of the Supreme Court. The whole point is to encourage the advancement of knowledge. Who wins and loses from DoJ's suit against Big Publishers and Apple? But the losers in this development, at least financially, appear to be the writers. What I can't stand is the paperwork. E-mail Pat pat at patmcnees dot com About Pat site host Pat McNees website Dying: A Book of Comfort This site built to support the book expanded into Illness and Recovery Book Fairs, Festivals in U.
Book TV's links Writers on Writing complete archive of the NY Times series, writers exploring literary themes. Letters of Note fascinating letters, postcards, telegrams, faxes, and memos--that you were never expected to see Aha Moments from the brilliant Popular thesis statement ghostwriter for hire for university of Omaha popular thesis statement ghostwriter for hire for university to record people's stories about moments of clarity, defining moments when they gained the wisdom to change their life TED: Ideas worth sharing Riveting talks by remarkable people, free to the world Demystifying ID Fraud C-Net FAQ Local idiot to post comment on the Internet The Onion Freelance National Anthem Bill Dyszel, 4 minutes KeepMeOut addicted to a website?
Today's Front Pages check out Newseum's U. Websites, organizations, and other resources. Adding images, sound, story, humor Awards, grants, fellowships Conferences, workshops, and learning places Corporate and technical communications Fiction writing Film, drama, and documentaries Journalism and journalists Local and regional organizations and events Major writers organizations Mastering multimedia Media pros and other allied professionals Memoir, biography, and corporate history Nonfiction Poetry and verse Science and medical writing Specialty and niche writing The writing life Copyright, work for hire, and other rights issues Ethics, libel, freedom of the press For popular thesis statement ghostwriter for hire for university Preface, foreword, or introduction?
Style, grammar, diction Tips on tact and tone Fair use, copyright, social media, and multimedia. Codes of Best Practices and Fair Use Guidelines. See general entries on fair use above this box. Between andJill Wechsler and I representing ASJA [articipated in a Conference on Fair Use, which met all day, once a month, for about three years.
The late Paul Aiken who as a lawyer was far more knowledgeable than we was there representing the Authors Guild, to which I also belonged, and we spent all day discussing issues with smart people from many creator, producer, user, and scholarly disciplines. At first 40 groups and later 95 deliberated, in "working groups," on how to establish guidelines for fair use in the schweren best dissertation methodology ghostwriting site us BroschГren electronic media and other infrastructures.
There was much disagreement. Researchers wanted information to be free; authors and publishers wanted to be paid for their products, but also depended more info the fair use doctrine. Documentarians, librarians, and researchers wanted selections from movies to be fair use; the motion picture industry felt otherwise; they settled on an acceptable "safe harbor," in which a "fair user" might feel safe from lawsuits.
University professors wanted to copy chapters from books to hand out, free, to their students; textbook authors counted on textbooks as sources of retirement income, and publishers had an interest in policing copying abuses.
For that matter, the Patent Office part of the executive branch hosted the conference, and its director was raising rates for registering patents; the Copyright Office part of the legislative branch tries to keep its copyright registration rates low, so individuals can afford to register their creative works. We were told Bruce Lehman director of the patent office at the time wanted to merge the Patent and Copyright offices, UNDER Patents, probably, but that merger didn't happen.
And Fair Use is really a copyright issue, but heck -- this was a multidisciplinary task force. The discussions about fair use that took place over those three years led us all to explore the nature of U. Many of the following guidelines problem for ghostwriting toronto hire solving got their start in that period -- very few guidelines were finalized at that time.
Note: guidelines are NOT LAW, and many of these guidelines are considered drafts. See also practical comments by University of Texas Libraries. Includes Proposed Guidelines for Digital Copying; Proposed Guidelines for Using Digitized Images in Lectures, Scholarly Presentations, or Publications; and Proposed Guidelines for Students or Instructors Preparing Multimedia Works.
Visual Arts College Art Association. See its excellent Licensing Resource Links guides and tools, laws, organizations. Copyright Office, about copyright-related legislation and other activities. Jassin and Steven C.
Changes in copyright law made recorded music, radio, and cable legitimate, whem they had been considered piracy from live entertainment. We have a pervasive "permissions culture" now, that is strangling documentary-makers. Available free to members of the Authors Guild and maybe worth joining for it alone. Butler, an entertainment and business attorney, on "using someone else's intellectual property for financial gain. I have not looked at these books, but a couple of people have found them helpful:.
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