Friday, August 7, 2015

Reasons & Realities 43



Copyright
     Depending on what laws your country requires to protect your intellectual property will dictate the steps you need to take to protect yourself from people using your words or ideas for their own purposes.
You can think of this as part 3 of my previous Reasons & Realities articles called; Copyright Disclaimers (R&R #6 ) and Plagiarism (R&R #41).
     Let’s look at the big three when it comes to Copyrighting. Why, how, and what are three areas that should be on everyone’s mind if you create anything. What is overlooked today, bay become world renounced overnight. There were stories of famous musical artist who hard work and ideas were taken from them and little has been done in the form of reparations or acknowledgement. Then there are some who make the headlines. In the music world there is no greater example of the genius then James Brown, one of the most sampled artists in history. Little is said that the Godfather of Soul is also the Godfather of Rap, Disco, Rock-in-Roll, and many other forms of musical genre. There are also cases where the artist wins as well. The Vanilla Ice (stage name) vs Queen along with the most recent case with the Marvin Gay's estate winning their judgment. However, in some cases there are those who hold onto works too tight and cause a wider audience to experience the pure greatness of an artist work can cause misplaced animosity. I.e.; a historic rock star who certain recording is denied use in their own autobiography for money or constructive control or calling into play the validity of the director and writer’s vision is a tragedy to all who wish to keep their spirit alive. There are numerous occasions where legal charges are filled and all sides lose, especially the general public. This is an article all of its own and yet the final entry into a three part article. What this article focuses on is the protection of your work or intellectual property from others using it without your permission, consent, or agreed upon compensation. 

Why Copyright
     In the simplest terms, protection. According to copyrightsworld.com;

The easiest, and possibly most accurate, definition is described by the World Intellectual Property Organization, as “a legal term describing rights given to the creators for their literary and artistic works”. Basically, it is your legal right to protect your work.

      To cut this extremely short and to the point, gaining Copyright to your work to show that this is your work is the only full proof to show ownership of your work. I remembered not too long ago (an in time far, far away and innocent) of a way to protect your intellectual property called a poor man’s copyright. You may shake your head at this, but it’s true. Believe it or not, according to Wikipedia;

“Poor man's copyright is a method of using registered dating by the postal service, a notary public, or other highly trusted source to date intellectual property, thereby helping to establish that the material has been in one's possession since a particular time. The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the poor-man's copyright would at least establish a legally recognized date of possession before any proof which a third party may possess.”

     It’s clear to see why you should copyright your work, but seldom is the bottom line ever mention why you must copyright your work. There’s much said about protecting this and protecting that and why you should copyright your work. However, no one had ever clearly state the reason why you must copyright your work. Here’s the bottom line, MONEY. It’s strange why it's all nicely portrayed as artistic integrity and to lessen Plagiarism, but then it comes down to brass tacks, its money. One last thing to remember is that nothing last forever! According to Purdue University (www.lib.purdue.edu/uco/CopyrightBasics/basics.html);

“Copyright provides exclusive rights to authors in order to protect their work for a limited period of time.”

      And to give other universities their moment to shine; According to Stanford University (http://fairuse.stanford.edu/overview/faqs/copyright-basics/)

“All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.”

     As in all cases, there are lawyers who are extremely well verse in Copyright law and go into further details into your rights to protect your ideas and your rights to protect them. Now the question is how you actually copyright your work. 

How to Copyright
     It can’t be stressed strong enough that the copyright laws of protection differ from country to country. Please seek guidance from your country's copyright office to help assist you in protecting your intellectual property. Here in the United States, we have the U.S. Copyright Office (www.copyright.gov).  On this website you will have many tools at your disposal. The first thing you must do is to register yourself and keep your username and password in a safe place. Once this is accomplished, go through the tutorials on the site or on YouTube (https://www.youtube.com/results?search_query=us+copyright+office). Please pay close attention to your studies when it comes to “Search”, “Forms Type” “Acceptable Submission File Types”, “Electronic Upload”, and “Updates.” Take as much time as needed to become acquainted with the basic of submitting your work and insure your mailing and e-mail address are correct. Here is where I have another point of interest that can’t be stress strong enough and the U.S. Copyright Office clearly states and is listed under its’ Privacy: Copyright Public Records.

“Please do NOT provide any additional personal information that is not requested, such as your social security number or your driver's license number.”

     Now the question is what you can copyright.

What to Copyright
     You can copyright any originally written thought or idea, technology or method, and melody or newly formed instrument. This is far from what you can copyright, and how your material is also important. Take for example. You write a book (what else would I use as an example) and according to the country you are requesting copyright protection there are standards one how your manuscript is accepted.  With the innovation of technology, an electronic copy can be submitted. However, a hard copy (including Compact Disk [CD-DVDs]) is also acceptable (as if this article’s publication).
     There are pros and cons when submitting your work in a physical or electronic form. Submitting your materials by physical means (through the U.S. Postal Service) is considered the safest way to apply for your copyright. However, it is also subject to loss, theft, and damage during transit. Electronic filing has the unique benefits of speeds up the submission process and it is easy to verify the data being uploaded. It must also be pointed out that electronic of all dates is subject to incomplete transmission and interception. This is especially true if the computer used for this purpose isn’t periodically swept clean of all viruses and other intrusive programs. When it comes down to what can be us to request a copy wright and submission requirements, your first stop to look for answers to this and cost, please visit U.S. Copyright Office (www.copyright.gov).

     Ultimately, when it comes down to protecting your work and yourself, it’s up to you to make the final decision.  Arm yourself with the tools required when someone wishes to use your work with and especially without your permission or written consent. Lastly, remember what is most important to you when you’re just starting out and have your first published book out on the market (independent or otherwise). It’s more important to have many read your work no matter how they had come upon it than the chosen few who ordered it. SD Tracy Harper

Illustration; www.childcaresolutionscny.wordpress.com
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