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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
People caught of copyright infringement Why Are People Caught of Copyright Infringement? When you hear of people caught of copyright infringement, many different things can happen to them. First of all, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely that they will get repercussions from far and wide. First of all, people are always looking for people violating copyright laws. Copyright owners and/or agents surf the internet, so they may find the violations themselves. Usually, is someone finds that people are violating their copyright rights, they’ll notify the person or entities involved and ask that they take the content down, if it’s available on the Internet. They do this by either asking the person directly to take it down, or demanding of the website server to take it down (which they will, immediately, and probably suspend the account) If the person or entity hosting the violation doesn’t take it down, more serious actions will be taken, such as a lawsuit or criminal charge. People caught for copyright infringement do not automatically go to jail, although some entities like major television, music, and movie publishers and distribution channels may lead you to believe otherwise. For the example of YouTube.com, there are many people caught for copyright infringement, but they only need to take down the material. In many cases, YouTube.com will take the material down before the poster (the person who put the copyrighted information on the site to begin with) has a chance to see the warning. Other times, a work will be present on a peer to peer file sharing service, such as Kazaa or Napster, and the host of said service will blame the end user (you!). So, even if you found a file on a file sharing service, such as Kazaa, doesn’t mean the copyright is open for you to take it. Many people caught of copyright infringement have been found through these peer to peer networks, and it has been found time and again that the user that downloads the material gets charged and not the file sharing service. Be careful, if you are ever to use a peer to peer service such as Kazaa (or bit torrent, which is the code/program for another type of peer to peer file distribution tool) that you’re only downloading, and sharing, items that aren’t copyrighted works – or you could be punished severely. Sometimes, people are caught of file sharing from their IP addresses – because they download something from a secure site, their servers can track your IP address (your unique location on the internet, four sets of numbers, separated by periods, with at most three numbers in each set – i.e. 216.239.51.100 which is the IP address of Google.com). So even if you think you’ve bypassed the copyright law, you can still be found years later by tracing that IP address. There are many ways to find people caught of copyright infringement, you can search through Google.com or look through newspaper databases. One thing, however, remains the same in all these cases – the people are downloading, sharing, or in some other way using copyrighted materials. The only problem is, especially in the internet age, is that even if you’re using something anonymously, you can still be tracked – and prosecuted – for the infringement. Be careful, in all you download or use, have the rights to use the item – sometimes it’s as simple as asking permission that will keep you from getting sued or sent to jail. Writing on the Fly (freelance writing jobs) Writing is a fascinating way to explore the world. You can write in your free time about anything you wish to know more about. You may write fiction in order to delve into abstract topics of your world. You may also choose to write poetry to take that concept further. Non-fiction writing will help you understand more objective topics in order to have a clearer picture of the natural and created world. Writing is enjoyable and aids in learning, so what if you could enjoy yourself and get paid for it? This is not to suggest that you quit your job and become a writer, though you could do that as well. The possibilities in freelance writing jobs can give you the flexibility you need to write for money in your spare time. Defining Freelance Writing Freelance writing is writing that happens for an employer without any long term contract. Freelance writing jobs are very different from your typical day job because the trade off for labor and pay does not function in the same way. Freelance jobs are accepted one at a time. There are many different employers that seek out freelance workers. The writer will have the ability to produce a quality product in a desirable amount of time. The employer usually pays based on production rather than hours or weeks. Freelance paychecks come in irregularly, based on the work available. The great benefit to being able to freelance is that you basically get to work for yourself. You can work as much or as little as you wish, only being limited by the freelance writing jobs being offered. As you continue to write, your qualifications will continue to be more impressive. Where are the Jobs? So, maybe you’re interested in finding some freelance writing jobs. The potential to work on your own time, doing something you enjoy and getting paid for it is an appealing one. Where do the jobs exist? There are a few places that you can start looking. A great place to start, to find out what the job market looks like, is the internet. Many employers advertise freelance positions online. They are looking for people all over the country, and potentially all over the world that can work from a distance. Another great benefit to freelance work is that it can happen anywhere. No matter where the hiring company is, the freelance writer can participate in the production of the needed product. Magazines and newspapers both hire freelance writers. In order to find those jobs, it is often appropriate to query the publication in question. First you need to find out about submission guidelines and then send in an article idea. If it is accepted, you are on your way to even more freelance writing jobs. What Does It Take to Be Good? What it takes to be a good writer is not in question. You all know about grammar, style, voice and coherency. What does it take to be successful in the freelance writing category though? There are a few things to consider. First, you will need to be able to be flexible. You may not always be able to write on subjects that you are necessarily interested in. In order to build your resume though, and be able to pick and choose your work, you will have to start out doing whatever needs to be done. Second, to be a great freelance writer, you need to be able to work quickly without sacrificing quality. Oftentimes freelance assignments will go out last minute. You will have a better chance of success if you can honestly take assignments and get them turned in again by deadlines. Finally, a good freelance writer is able to market his talents. The most effective way to prove your writing talents is to introduce yourself in your resume and cover letter in a way that impresses prospective employers. No one will believe you are a writer if you cannot write an engaging cover letter. Freelance writing is a fun way to add a little income to your current pay. It is possible to make a career out of freelancing, but it is not for everyone. If you are interested in writing and want to try your hand at a few different kinds of projects, consider freelancing for awhile. |