Archive for December, 2011

posted by Administrator on Dec 16

When creating a new website, the first consideration you must have is the violation of someone else’s property. If you seek copyright protection for own projects, you must be aware that the others will be conscious of their security too. Consulting a lawyer before copying or even considering someone else’s work for inspiration, is preferred.

The United States Copyright Act gives authority to a copyright owner in six categories. Only the owner can reproduce his copyrightable work, anyone else doing so without his consent is liable of punishment under the copyright act; adapt his work or make any changes, whether it be additions or omissions, it is only the right of the owner himself; for distributing the work in public as books, pamphlets or banners, the concerned publisher must seek permission from the owner; any public performances such as speech, drama, film is the sole right of the owner alone; displaying work as exhibitions or art pieces also needs the owner’s consent; broadcasting the work on radio or playing music on the loudspeaker is again a violation if it is not brought into the owner’s notice.

Trademark infringement is using someone else’s sound, logo, word or phrase in an obvious or confusing manner for similar goods or services. If you use another authority’s trademark, people must not mistake your product to be the same as the other’s; it should be used appropriately with legal advice.

Logos and trademarks of another company must only be used if direly required. Otherwise, if you can express and promote your product without any such help, it will be rather helpful. No matter how much you try to alter someone else’s work or presentation, it can still be identified and you can be charged for copyright violation.

Nominative fair use is a safer way to use a trademark or logo. This is used when you are selling a product through a store or online, and you use a trademark to describe or identify you product.

It is easier to protect your own rights but to be careful of the other owner’s copyright is very important. Consulting a copyright lawyer before originating a project can assure your safety in case of any plagiarism charges. Sometimes copyright is violated without knowledge. Work picked up for inspiration can also be alleged for piracy. Legal help can drive the client out of such problems without much effort and trouble.

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