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Understanding Software Copyright Laws

 

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   Wednesday, December 26, 2007

Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are well known for overlooking these laws, which were designed to protect the creation of software from not earning their worth. Perhaps one of the biggest hitches why many software businesses go out of business is they have difficulty enforcing software copyright laws and getting money that is owed to them from end users.
Software developers, particularly in the corporate world, design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers who create these massive programs. These expensive programs are designed specifically for that one company. The copyright and license agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of royalties for the use of the software.
The purchasing companies agree to this and then often fail to honor that agreement. The agreement is what allows this company to use that software. When companies aren't living up to their end of this agreement, they are not only guilty of breaching that agreement, but also of breaking software copyright laws. The trouble always lies in proving they are not honoring the contract and the extent and duration of the breach.
Some ways companies will argue, in defense of not paying the royalties, additional fees, purchasing additional software, etc. is they had upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws). The problem lies in the fact that adding ten new computers and placing the software on those should mean you remove it from or get rid of 10 old computers. This is rarely how it works. The truth is they've stolen ten copies of software which can be worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies doing the same thing and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be.
Software copyright laws exist to protect the software companies from this type of abuse and misuse; however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court.
There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws make the exceptions rather than consumers who do not pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software, but only “renting” out permission for people or companies to use that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies.

Richard Cunningham is a freelance journalist who covers copyright law for www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at ResearchCopyright.com.


The Copyright Law Act Of 1976 Is Still Relevant In Today's Digital Age
The Copyright Law Act of 1976 is the basis of United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the Fair Use copyright laws, and it changed the term life of copyrights. Before the Copyright Law Act, the law had not been revised since 1909. It was necessary that copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship” to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under “architectural works” was later added in 1990.
What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright.
Violations of US Copyright Laws are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright laws. Someone who is in serious violation of US Copyright Laws, such as counterfeiting, can find themselves on the inside of prison. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person's idea or concept and produce their own take on it. However, copying another person's work is a violation. Some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do what they want with it. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner's copyright. The Copyright Law Act covers published and unpublished works.

Richard Cunningham is a freelance journalist who covers copyright law for www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at ResearchCopyright.com.


Making Money with Articles: Ease Into It
Making money with articles can be fairly easy for anyone. If you are a quick learner and great reader, then you can learn everything you need to know right from the Internet without any previous training needed. This is probably the best fact about niche website Internet marketing.
If you are new to the business, your best bet is to ease into it. If you jump in before you know what you are doing, you have a good chance of losing money and having nothing to show for it. There are several things that you need to make sure you know how to do before you begin creating your first site.
• Create your own great articles or hire someone to do it for you
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• Pick a catchy URL
• Create a small site that is easy to navigate, have one created for you, or pay to use a What You See Is What You Get (WYSIWYG) website builder.

John Ugoshowa. You are welcome to use this article on your website or
in your ezines
as long as you have a link back to http://www.quickregister.net/partners/
For more information on making money on the Internet see the Internet section of Quickregister.net Free Search Engine Submission Service
at: http://www.quickregister.net/partners/

 


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