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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone?s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
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!
Yes, Freebies are Real! If you tell someone that something is free, they immediately start looking for the catch. After all, the words of wisdom ?there is no such thing as a free lunch? have usually been proven true for people time and again throughout life, and so a healthy cynicism towards free stuff usually springs up with good reason. If you are one of these skeptical types, however, you may be missing out on some really great stuff. The truth is that you CAN get free things that are really and truly free, and yes, actually worth having. You just have to know where to look. OK, here is where the caveat comes in. The definition of ?free? often depends on the definition of ?cost.? As any economist can tell you, cost really doesn?t only come down to how much money you have to hand over to get something. There are additional costs, like inconvenience and time spent doing something. And true, some freebies have these ?non monetary? kinds of costs associated with them. You have to balance all of the costs with the value of the free stuff you are getting and decide if it is worth it to you. The two biggest costs associated with freebies? Time and convenience are at the top of the list. Time is a big factor in many free offers. Companies want a bit of your time in exchange for their free products. Indeed, some companies literally want hours of your time. Have you ever taken advantage of one of those ?free weekend vacation? offers in which you received free accommodation in a beach house or condo for a weekend in exchange for suffering through a long presentation and intense sales pitch? For some people, they can handle the presentation and have no qualms about refusing to buy anything and the free vacation more than makes up for it. Other people would rather pay any price to avoid having to listen to one of these spiels. So, while these weekends are freebies, for some people, they cost too much. More often, a company wants your time in a less obvious way ? they want you to spend time filling out forms. These forms may simply be your name, address and email address, or they may be very lengthy, quizzing you about buying habits and the like. The reason the companies want you to do these forms is often for market research, and they are more than happy to give you a freebie in exchange for this. Many people find the time spent filling out these forms will worth it to get a great free product. Convenience is the other cost involved with many freebies. Time and convenience go hand in hand in some cases ? after all, it may not be especially convenient to fill out form after form simply because it is time consuming, but convenience takes another hit from freebies in the form of spam email. Often, signing up for a freebie can land you on a spam email list, and for some people, getting tons of spam is so inconvenient that they would rather pay full price. The truth about all of these costs of freebies is that the freebie is in the eye of the beholder. You have to decide what you are willing to put up with in order to get a free product. Once you know the limits to your freebie costs, than you can cash in on some really great products that don?t cost you a dime. When you spend five minutes filling out a form and get rewarded with a free DVD player that you have been wanting, you will realize that there are free things out there to be had.