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Copyright is breached (or infringed)
when a significant portion of a creative work - and this can be a very small part
of the whole work if it is the key part - is copied without the permission of
whoever owns the copyright. This is known as 'Copyright Theft'.
Copying includes entering material into or storing it on a computer, photocopying
and other forms of reproduction such as printing, photography, film and video.
Making duplicates of favourite tapes, CDs, videos, computer games etc. is also
a breach of copyright.
Copying a small amount of, say, a book for personal research
purposes is not generally considered to be a breach of copyright.
Also, copying a small amount of material for radio, film or television news
broadcasts is generally allowed. For print based media and the news a similar
dispensation can be made, except for photographs, but a clear credit of the author
is usually required.
If you need to quote from somebody else's book in your book, for example,
then you will need permission form the copyright owner. The same applies to samples
of other people's recorded words, music or performances.
If the copied material is broadcast to even a small number of members of the
public, then copyright is also breached. This especially applies to audio recordings,
films, television programmes and videos.
Any breach of copyright is a criminal office. In addition, when you sell
an item you do not automatically sell the copyright with it.
There are also international copyright laws and agreements, such as the Berne
Convention and the Universal Copyright Convention.
It is therefore always best to check with the copyright owner before publishing
even a small amount of somebody else's words, artwork, music or performances.
Obviously it can be very difficult to find out every time that Copyright theft
occurs; but the truth has a habit of finding a way out. If you do breach somebody
else's Copyright, you could be sued by the copyright holder - you will probably
be found guilty too, as the law takes copyright issues very seriously.
Depending on where you are in the world (for example you may need to register
your work in some countries before full legal protection is obtained); the courts
can stop all future copying. They can also award all of your profits in compensation
for lost earnings to the true copyright holder, order the confiscation of your
illegal stock, fine you big time or even throw you in jail for awhile! (The fines
and jail sentences are usually reserved for breaches of copyright by businesses
or where commercial gain is at work).
Another key point to know about is this: if you illegally import material that
breaches copyright (e.g. counterfeit designer goods) you can also be fined any
amount (at the discretion of the courts) and sent straight to jail!!!
We love copyright! Mainly we produce publishable (print and digital media based)
works, so it's all we need. We always use the appropriate copyright notice and
you should do the same. Then you can sleep secure in the knowledge that your are
pretty much bulletproof should anybody try to steal and/or try to profit from
your work without your permission... awesome isn't it?
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