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Music copyright infringement
How Does Music Copyright Infringement Affect Me?
Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States.
Copyright Infringement, as defined by Wikipedia.org states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.”
We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago.
However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed.
Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts.
While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’
It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control.
A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security.
As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned.
Find a copyright lawyer How to find copyright lawyer Finding a copyright lawyer isn’t as hard as it use to be, not as long as you actually know how to find a copyright lawyer. Today, there are more copyright lawyers popping up than there were 10 years ago. It seems that having a copyright or needing to protect one has become very popular with the way our technology is advancing. One way to find a copyright lawyer is to simply type the phrase, “copyright lawyer” into a search engine and click on a few links. Many pages will actually allow you to choose the state in which you live to find one nearby. You’ll may even be given a choice of cities to choose from and if you are lucky enough one will be the actual town you live in. If not that is fine too, most copyright lawyers will have a phone number or an email address for you to contact them. Chances are they may even be willing to work with you online instead of you having to drive down and meet with them. Copyright lawyers know the world is changing and that most people searching for them want someone that actually practices what they preach. They want someone that knows the internet and is up-to-date with the times, not someone that has a degree in the field but only does it as a hobby. You want them because they’ve done several cases and know what they are doing and will have the time to do it. Which is probably why many people are able to find copyright lawyer homepages or their own websites, which means getting to know the lawyer before they even call them. Search the lawyers name and find out all there is to know about them before you hire him/her. You don’t want someone that has a lot of complaints about; you want the person that has high praises. When you are trying to find a copyright lawyer keep in mind exactly what it is you need them for. There are certain types of copyright lawyers they deal with different areas such as lyrics, stories, website designs and many other forms. For instance if you have just found out that someone has copied an article or a blog you have out there in cyberspace you may want to find a copyright lawyer that deals with copyright infringement, maybe a intellectual property lawyer. If you aren’t sure if you have stuff out there that is being copied you may want to check over at copyscape.com. Before you find a copyright lawyer you should make sure you have all your information in order. If you are insisting someone else is using your stuff, make sure you have proof. One good way to do this is by marking the date you wrote it and then sealing it in an envelope and mailing it to yourself. Making sure to never open the sealed envelope. Make sure any work you do online is saved to a disk so you‘ll always have proof. Your lawyer should be able to tell you everything you need before meeting with him/her. Finding a lawyer wasn’t hard and you even learned how to find out if he/she is any good by browsing the internet. Don’t just take them at their word, find out for sure. Or if you are lucky enough, you may know someone that has already used one and can recommend a good one for you. Now that you know how to find a copyright lawyer, you just need to make sure you can afford him/her. Copyright lawyer rating Determining what's in a Copyright Lawyer Rating You can find a copyright lawyer rating these days by doing a quick search online or by subscribing to a mailing list to the copyright lawyer guild. What goes into determining a copyright lawyer rating may be how many cases he/she has won or lost? The person that has won the most cases will be at the top of the rating chart, however someone that just comes in may be at the bottom for lack of experience. If you are searching for a copyright lawyer you will want the best but keep in mind that if they already know their copyright lawyer rating is high, their price might be raised more than the others in the field. So, make sure this is someone you want to represent you or to do your filing. If you are simply getting a copyright you probably don’t have to have the best and can go with your average rating. Someone suing you for copyright infringement or something else means you may want the best; you don’t want one that had a bad copyright lawyer rating. Do you? Today many companies are offering their own little search areas for towns, you might find a whole list of companies that need reviews and chances are those that are all bad rating are from one person. These sites are very new and popping up everywhere, the only way to find out how true the copyright lawyer rating, is by asking them. Another way they do a copyright lawyer rating is by passing out a few sheets of papers with a bunch of copyright lawyers names on them and having their peers rate them. I don’t really consider this fair because someone with the same amount of time and wants to be top in the field may mark their competition down just to get up on top. Not to mention how can they rate them when they may have never heard of them. Do you give that person a bad rating or a one star because you have no clue how they perform? Do you leave it blank? Find out why a copyright lawyer rating got the marks they did. Keep in mind that a client that didn’t win a case can have it out for them and rating them bad or review them as bad in every site that they can, which can cause a big drop in ratings, especially if they are new. Not all lawyers like that fact that just about anyone can rate them online these days, it was easier when their ratings only went with what cases they dealt with, how many they represented and their win/lose streak. There is a website called Martindale, it gives you ratings of many lawyers. This is a great site to come view to find lawyers in all types of fields, not just copyrighting. Explore it, there are a ton of reviews written by lawyers and clients, there are also legal articles, cases, events and much more for you to look at. Don’t forget about the peer ratings, which you can find person most qualified to help you. This is one place that does seem fair when giving out their copyright lawyer rating, they make sure that the top person can only be rated if they’ve been in that field for over 10 years, which makes it fair to a person that has very little experience. They won’t be on the rating list which means they won’t be at the bottom of the list. Remember, if your copyright lawyer rating isn’t up there doesn’t mean he/she is bad, they may have requested not to have it published or may not have been in the field long enough to be judge. The best judge for them will be you. |