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Play It Safe: Making Sure You're Not Committing Copyright Infringement
Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else?s work, it?s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others? works ? as long as we use it under ?fair use? laws. So what does fair use have to do with copyright infringement, and how can you utilize it?
Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library.
Copyright Infringement in day-to-day life
Sometimes, if you?re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone?s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask ? the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement.
What is the public domain, and how does it relate to copyright infringement?
Material that is not copyrighted is considered in the public domain ? you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able ? such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.
So, how do I ensure I?m not committing copyright infringement?
First of all, if you?re going to use someone else?s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else?s copyright. However, if you can?t find something suitable (and you can?t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.
When you contact the copyright holder, make sure you tell them what you want to use their piece for ? whether it?s for your blog, podcast, or report ? and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you?ll be free and clear to use their work as you want.
Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit ? which can be nasty, costly, and time consuming. If you?re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you?re following the law ? and protect yourself!
Fair Use Copyright Law Don?t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person?s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author?s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone?s copyright if you use their work ? especially if you are using another person?s work for economic or commercial gain. When you are trying to see if you can use another?s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else?s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author?s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone?s copyright. Fourth, how much of the original author?s work are you using? If you are using a substantial amount of another?s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar ? especially if the original piece is hovering around 125 words itself! Lastly, what portion of another?s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner?s copyright. With a little common sense it is not hard to decide if you are violating someone?s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another?s works as their own.
Tackling those Second and Third Interviews to Land that Job If you make it to a second or third interview, you are a serious candidate for the job. The key now is to narrow down the candidates. This moment is when you will determine if you get called with a job offer or receive a notice of rejection in the mail. Arm yourself with the proper tools and make an even bigger splash on the second and third interviews than you did at the first one. The first thing to remember when you are going into a second or third interview is what you said in the first interview. The interviewer will have notes from the first interview so you need to be ready to follow up on things you said initially. This is why it is important to be honest and realistic in the first interview. If you work hard to impress the interviewer and end up lying, you may not be able to recall they lies you told in the first interview. Eliminate this from being the case by telling the truth the first time around. Be armed with questions about the position and the company in generally. Search through information online about the company and get a feel for day-to-day operations. Type in the name of the company in Wikipedia and see what comes up. Many corporations are listed in this massive Internet encyclopedia and information about the company can be found there. Find out as much as you can about the company you are interviewing with. If you are interviewing with the same person the second or third time around, ask about their experience with the company. Questions like, ?What is a typical day for you on the job?? or ?How long have you been employed with the company?? can help to build a relationship with the interviewer. It also signals that you are comfortable with the interviewer. Not to mention, who does not like to talk about themselves? This is a great way to keep the interview moving on a positive note. Have plenty of questions about the position. Show that you have researched the job and are very confident that you are going to get it. The more inquiries you have about the position the more serious and interested you will seem. By the second or third interview, you will probably meet a number of different people. Shake hands firmly and look them in the eye when talking to them. If you are given a tour of the facilities, ask questions. Do not just let your tour guide point out areas without you taking an interest in them. Although it may seem like second and third interviews should be easier, do not let your guard down. Stay on your toes and be even more prepared than you were for the first interview. As the interview process moves on you will probably be meeting with the person that will be your direct boss or the director. Interviews with these figures may be much more difficult than the first interview which was probably with a human resource person. Be aware of this fact and have answers for those tough questions like, ?What makes you the right candidate for this job?? Also be prepared for hypothetic situations that may take some spur of the moment problem solving. No matter what number interview you are on, there are some standard rules to follow. Take copies of your resume to your second and third interviews. Even though the interviewer may have a copy of your resume, you want to be armed with extras just in case there are other people in the department that would like copies. If you meet with different managers they may all ask for copies of your resume. Yes, they have copies, but they want to see if you are prepared.
Job Hunt Challenges for the Over 50 Crowd If you have just recently lost a job or maybe are not happy with the job you are currently holding, you are going to be on the hunt for a new job. Hunting for new job is never easy, whether it is your first or your tenth job. You know that it takes a good amount of preparation till you might hold another permanent job. But for the older crowd, especially the crowd over fifty, the challenge of finding a new job is even greater. Explore some of the facts why it is more challenging to find a job after 50. Starting out by the age factor, many companies want young and dynamic employees that are open to new and challenging tasks. Many employers believe that a person over 50 is set in his or her ways and therefore not able to tackle the same great tasks that might open up as a young, fresh out of college open minded person. A person over 50 is closer to retirement and might not want to take any risks as a young career fresh from school employee. Risks are sometimes what a company needs to get forward, new ideas, new thinking. Another reason is the salary competition. If you are over 50 and looking for another job, you most likely have a lot of experience in you sector. Experience usually is measured in money and the salary for an experienced person is generally higher than a starter salary. While experience is desired, some companies can just not afford to hire somebody for 10-20 thousand dollars more than they can get the fresh from college employee. If you lost your job, you might accept one of the lower salaries, but while you are in the application process, the human resource person reading your résumé does not have that information about you. Some of the bigger companies get scared by the fact that you are really close to retirement and if there are certain retirement plans and structure in place at a company, they might not want to hire you. You could retire within 10-15 years or less and then the company is stuck with paying you retirement payments. Hiring a younger person instead guarantees them no retirement payments or plans for retirement in general for the next 20-30 years. From the employer?s side, these are great savings for their pocket. Another reason often seen from employers as a reason not to hire a person over 50 is that the person they are hiring might be more prone to sickness and take more sick days than a young person. Why would they think that? Statistics have shown them that the tendency for time off due to sickness is greater for people crossing the age threshold of 50 years versus younger people. Be honest, being over 50 means for most people more aches and pains all over the body. You are more tired and get exhausted quicker. So if you do get a chance to go to an interview when looking for a new job, you need to make the best out of it. Besides all the factors mentioned above, a person that is over 50 and is looking for a job can be a great addition to any company and you need to make sure that you let your interviewer know that. An interview is a great challenge and can be mastered quite well if keeping these thoughts that employers have in mind. Emphasize the fact that you do bring experience and connections. Let them know that if they hire you, they get a person that at least is settled in life. You have had all your children, or did not want any, but at least you will not be missing because of pregnancy, birth of a child, and sickness of a young child or similar events.