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Following Up on Fallacies about Getting Free Stuff
“Free stuff” – the mere whisper of the words is often enough to make many people throw common sense out the window and head for the free goods like a missile to a target. And then there are those people whose eyes glaze over when they hear those words, because they can’t believe anything worth having can actually be free. The truth about free stuff is really somewhere in the middle. Yes, you can really and truly cash in on many freebie deals for things that you want to have, but a healthy sense of cynicism about free gear is also useful. Here are some of the important things to keep in mind about free stuff.
The first myth you should throw out the window is that nothing good comes for free. The fact of the matter is that the price tag on a good doesn’t always match up to the quality, and there are many great free things out there. Case in point: music. Sure, everyone has heard the scare stories about file sharing online, and maybe some big record labels will come after you if you focus on their artists. Dig a little below the surface, however, and you can find a whole new world of really great bands that are more than happy for you to listen to their music over and over again. The same goes for free software. People on the cutting edge of technology who have a passion for creating new and efficient applications often develop open source code software. They’re doing it for the love of it, and they often have more talent than any ten suit-and-tie tech guys trying to hock their latest product for a mega profit margin.
Here is where the reality part comes in, however. Yes, you can find wonderful things that are completely free – but yes, you can also find a lot of free things that aren’t worth your time at all and in some cases can cause you a lot of trouble. The net is a great place to fall victim to a “free stuff” scam, but you can also sometimes come across these scams in the mail as well. If something is free, but requires you to give your credit card number or bank details, run the other way.
Another myth people have about free stuff, especially free stuff on the internet, is that when you try to cash in, the only free stuff you will be getting is an inbox full of more spam than you can handle. The truth about this is, well, that is can certainly be true. Many companies give away free things in exchange for your email address, so they can try to hit you up to purchase things in the future. What makes this a myth, however, is that it can be avoided. If you don’t want to choke on an inbox of spam, and who could blame you, set up a special (free) email account that you will use exclusively for freebie hunting. You’ll have the best of both worlds.
The last myth about free stuff involves the “catch” people are always looking for. Often, for free stuff, the catch is a bit of junk mail or email or the fact that you have to submit to a time consuming survey. Sometimes, the catch is that if you get free stuff through a trial offer, if you don’t cancel it, it keeps coming, and this time you have to pay. The truth about these catches is, however, that the catch is in the eye of the beholder. These things don’t make products any less free; so don’t write off every free offer offhand. You might just find a catch you can live with to get a great free product you really want.
Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. What is copyright infringement What Is Copyright Infringement? The Layperson's Copyright Primer Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law. What is Copyright Infringement? 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.” So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse. What is Copyright Infringement in America? In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith. What is Copyright Infringement in action? Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry. As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction. |