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International Software Copyright
International Software Agreement is a Matter of National Security
Is there one governing law concerning international software copyright? According to agreements by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIP) any software written has an automatic copyright. This is a pretty conclusive consensus as far as an international copyright goes. The short answer would have been yes, but this was so much more informative.
An international software copyright should not however be confused with a patent. Copyrights provide creators with the ability to prevent others from directly copying the code involved. A patent can actually limit the use of the software. Because of this, I'm sure you'll understand that patents are a hotly debated topic when it comes to software.
The biggest thing to know about international software copyright is that your code is essentially protected the moment you create it. This is, unless you have some kind of contract through your employer that all code created by your belongs to them (these cases have been known to happen and provide excellent incentives for employees to always read the fine print).
The problem that many companies are running into when it comes to enforcing international software copyright is that computers are not permanent fixtures in a company. Computers are rather disposable hardware when it comes to keeping up with evolving technologies and software needs to be updated when new computers are purchased. Rather than purchasing new copies of software when the computers are replaced companies are notorious for reusing old copies of the software. They are also famous for replacing 10 computers with the software installed with 40 new computers and installing the 10 copies of the software on all 40 computers. This is not in keeping with international software copyright. This is stealing and you'd be surprised at some of the good upstanding companies that do this on a regular basis.
There really are no major differences between traditional policies for American copyright and international software copyright which makes legal issues, troubles, and woes that much easier to deal with. By having a unified international front thee are ramifications and legal actions that can be taken around the world without going through a great deal of international red tape. If you think dealing with the American government is bad, you should see how much fun it is to deal with the American government and another government for a legal action.
The agreement between nations for international software copyright is probably one of the soundest possible decisions that can be made as military secrets of all governments have some degree of software in order to keep them operating. While it isn't quite as simplistic as stealing a computer program to unlock the defense secrets of a nation, having access to certain source codes could be problematic in the absolute best-case scenario. Keeping secrets isn't the only thing that makes this agreement so valuable, it is however, one of the most vital.
Perhaps one of the greatest things to come about as the result of the international agreement to protect and honor software copyright is the peace of mind that is available to software developers in America and other technologically advanced countries that their source code won't be allowed to be stolen and used against them at a later date by someone in a developing nation with cheap labor and other overhead costs that American corporations simply cannot compete with. This could be devastating to the economies of technological societies if it were allowed to happen and the agreement for an international software copyright prevents that from being allowed to occur.
Copyright Infringement 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! Understand Group Publishing (group publishing) When you want to have one your books published, you will work hard to get your book finished and then you will seek out a publisher. Sometimes it is very hard to find the right publisher, but the good news is that there are several different types of publishers that you can use to get your works on the market. Large companies are not your only option. The world of publishing difficult to break into and if you get an acceptance letter--that is only the start. There are many types of publishing companies out there and they all have a different way of publishing their products. Here is a look at some of the more common types of publishing including group publishing. Group Publishing: Group publishing is the process in which a large company publishes your work in the name of a larger company. For example, there are big name publishing companies out there. They operate smaller group publishing companies. The larger publishing company serves as a kind of umbrella over the smaller group publishing companies. Sometimes these companies operate several smaller companies that produce different genres of writing and books. This is also sometimes called trade publishing. For example, a large publishing group may produce best selling adult novels, but may also operate under a smaller name to produce certain non-fiction books, cookbooks or children’s books. Group publishing is a popular way to publish a book. Educational Publishing: Besides trade publishing, there is also educational publishing. These are companies that deal specifically with educational material. They may deal with only college textbooks, or they might deal with textbooks and materials for grades K-12. Besides textbooks, these companies might also produce other forms of educational material, which include posters, workbooks, CD-ROMS, software, testing material and maps. There are several big name educational publishing companies. University publishing—University Press: This type of publishing is not like group publishing and it is not the same as scholarly publishing. These types of companies are usually non-profit and are run by universities, colleges and even sometimes museums or other organization. These usually publish books by scholars and other specialists and they usually are used within the university system. Sometimes these books do get published by a larger trade publish; however, they do not market these types of books. Independent publisher: Independent publishers are often the best way to get your book published if you cannot find a publisher to produce your book. These are generally smaller companies that are privately owned. Many times, these companies only publish a handful of books each year and they usually are about certain subjects. They have the freedom to publish just about anything they wish. Software and other Media: You might not consider software and other types of media as being a publisher, but they are. Think of all the e-books, CD-ROMs and even books on tape that are on the market. These have to be published, too. These types of companies are often associated with larger trade publishers. In fact, many large publishing companies have their very own media publisher in house to take care of this type of publishing. It is a very large business and these types of publishers are just as important and lucrative as the large trade publishers. As you can see, there is a whole world of publishers out there waiting to get your book or other media published. If you do not have luck with a large trade publisher or group publisher, then don’t give up. Keep looking and the different types of companies out there until you find one that wants to work with you and your book. |