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Copyright - Credit: iStockPhoto.com
Here are 5 things you didn't know about copyright
Copyright constitutes only one aspect of intellectual property law, but since copyrights are far easier to obtain than patents or trademarks, for example, they tend to affect a significantly larger portion of the population.

U.S. copyright law is based on history’s first copyright act: the British Statute of Anne of 1710. Printers were publishing books without the author’s consent; the Statute acknowledged the financial damage this did to authors and sought to prevent this for a 21-year term: “The Author of any Book or Books already Printed… shall have the sole Right and Liberty of Printing such Book and Books.” This copyright act imposed financial damages as well.

The arrival and evolution of both the internet and the web have altered the landscape of laws protecting intellectual property. Since they are repeatedly bringing these statutes into mainstream news, we felt it was an appropriate time to present five things you didn’t know about copyright.

1- You don't need to publish a work to protect it

The copyright law is clear on this: In order to secure the copyright for your original work, you don’t have to do anything beyond create the work itself. As of April 1, 1989, the copyright law extends a copyright to your original work whether you register it with the copyright office or leave it tucked away in a drawer.

To some degree it is in your best interest to register the work, since not only can you not bring suit without registration, you will have a better chance of winning damages in court against whoever you believe violated the copyright law. However, keep in mind that when you do register a work with the copyright office, it becomes a matter of public record and a copy of it is automatically sent to the Library of Congress.

2- The copyright symbol can be used without registration

The copyright notice (©) is familiar to almost everyone and it seems to carry a lot of authority. When we see it, we often believe the author or creator of this work has gone to significant legal lengths to secure use of the symbol. In reality, one can put it on a work without the need to register it with the government. Thus, if you are sending an original manuscript to publishers or an original music CD to record labels, you can -- and should -- include the copyright notice. However, you won’t be surrendering your rights in court for not having done so.

When you use the notice, it is important that it features three elements: The symbol © or the word “Copyright,” the year and your name: © 2008 John Smith.

Perhaps the most important and valuable reason to include a copyright notice is because, by doing so, you prevent any future court defendant from claiming so-called “innocent infringement,” meaning they did not knowingly steal your work. Innocent infringement is still infringement; they can still lose the case and you can still be awarded damages, but the statutory amount of those damages may be substantially reduced.

3- Copyright has a government loophole

If you suspect anyone or any organization of infringing on your copyright, you can bring a lawsuit against them, but you have to do it in a federal court because they are the ones who hear them. This is fine unless your defendant is a state government or a state government employee acting on behalf of the state. Why? Because the Eleventh Amendment to the Constitution grants the states immunity from lawsuits brought in federal court unless the state has given its consent by waiving that immunity.

We take a look at a few more things you didn't know about copyright in the U.S...

Historically, in the eyes of copyright law, state governments have been seen as no different than private citizens, but everything changed with the Supreme Court’s 1985 decision in Atascadero State Hospital v. Scanlan. The high court ruled that while Congress had abolished federal government immunity in such cases, they had never done so for the states. While Congress has made a handful of efforts to abolish this unfair immunity, those efforts have been repeatedly invalidated whenever challenged in the federal court system.

Senate bill 1191 and House bill 2344 were proposed in 2003 to close this loophole, but neither has been enacted into law yet. According to the law firm Ruskin Moscou Faltischek, “until a sound legislative solution is implemented, the unjust and off-balance state of affairs will persist.”

4- Copyright law offers protection for life plus 70 years

As of January 1, 1978, copyright protection begins the moment a work is created and lasts for the length of the creator’s life, plus an additional 70 years after his or her death.

This is contrary to patents, which typically have a fixed term of 14 to 20 years depending on the type of patent, and especially contrary to trademarks, which have to be earned by using the mark long enough to establish its association with a product before it can be registered. Following that, trademark protection can last 20 years.

However, you can lose trademark rights on some terms if they become "genericized," which explains why Johnson & Johnson, owners of the "Band-Aid" trademark, changed their commercial jingle from “I am stuck on Band-Aids…” to “I am stuck on Band-Aid brand…” and why Google has discouraged the use of their trademark as a verb to connote web searches.

5- Copyright law does not protect ideas, facts or titles

Copyright law protects the following general categories:
  • literary works (this includes computer programs);
  • musical works (including the lyrics);
  • dramatic works (including any accompanying music);
  • pantomimes and choreographic works;
  • pictorial, graphic and sculptural works (like maps and blueprints);
  • motion pictures and other audiovisual works;
  • sound recordings;
  • architectural works.
It does not, however, protect a lot of things, such as:
  • works not “fixed in a tangible form of expression” (like a dance routine or an improvisational speech that wasn’t notated, written or recorded);
  • titles, names (including domain names) short phrases, slogans, familiar symbols, or designs such as mere variations of typographic ornamentation, lettering, or coloring and listings of ingredients or contents, as well as collections of facts not in the public realm;
  • ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices (as opposed to descriptions, explanations or illustrations);
  • works whose information is common property and have no original authorship (like calendars, height/weight charts, tape measures, rulers, and lists or tables taken from public documents).
A good example to understand what is and what is not protected is to consider trying to copyright a recipe. As stated above, the listing of ingredients or contents isn’t protected, so in order for someone to copyright their recipe, they need to go a step or two further and turn it into a literary work by including descriptions, explanations or illustrations -- as in a cookbook.

Searched

Harry Potter author J.K. Rowling and Warner Bros., the producers of the Potter films, have filed an injunction against the publication of a book based on a popular Potter website, The Harry Potter Lexicon. A fan began building the online lexicon related to all things Potter in 1999, and it has become such an authoritative site that Rowling herself, as well as Warner Bros., have used portions of it for various reasons. However, they object to its print publication and are claiming copyright infringement.

The case goes to court in mid-April of 2008, and will test the reach of U.S. copyright law. The book’s publisher claims it is a literary reference book which constitutes fair use exemption. Supreme Court Justice O’Connor called originality “the sine qua non of copyright,” and as we’ve seen, a collection of facts is not protected by copyright law unless it has some literary merit of its own. What it may come down to is whether Rowlings’ and Warner Bros.’ use of the site effectively waived their right to sue for infringement.

Interest

As the Rowling lawsuit shows, the advent of the web, of web 2.0, proliferation of information over the internet, and the simple creation of cut-and-paste, and more have forced Congress, the U.S. courts system and copyright holders to scramble to keep up. We expect to see plenty of lawsuits and challenges in the future, and plenty of public interest in copyright law.

Resources:
http://en.wikipedia.org
www.copyrighthistory.com
www.copyright.gov
www.out-law.com

Mayra Veronica - Credit: MayraVeronica.com

Q-5:Can you tell us about your upcoming English album? What type of music is it?

The album is pop with some urban flavor. I wrote a few of the songs; inspiration was drawn from my life, as is all writing -- the ups, the downs, the in-betweens, the image, the sex, the expectations, the vulnerability, and the strength.

Q-6:Are you single? What types of traits do you look for in a man?

I am single. I look for a man that can make me laugh. I like comedians [because] when all is said and done, I just want to smile. They must be old-school and let me lead, which is quite a contradiction, so they must also understand my complexities. Oh, and I don't date most ball players just because they're… well, players. But I am open to the non-playing players.

Credit: Mayra Veronica.com Mayra Veronica has appeared in more than 30 magazines.

Q-7:You've received a lot of accolades for your beauty and sexiness -- what do you think of men's magazines that rate women on their desirability and looks?

I am all for it -- for the magazines, the ratings, for those who celebrate God's physical creations. What I am tired of is those who think that a woman being rated on her looks is somehow less of a person. This narrowness of thought at times amazes me. [I can’t believe] that some of us could be living in such an advanced physical world, yet maintain such limiting schools of thought. The fact that I am rated on physical aspects does not deny my internal aspects, which to the amazement of many can coexist!

There is an overabundance of creative energy in this universe, and we are all instruments in making it physical; these aspects are out there for us to make our own [decisions], so it ultimately doesn't matter what container it’s in -- if it’s a finely shaped one, then God bless it. It would be an insult to his creation to deny the container. Just create and expand.

Q-8:Is there anything in your job that is off-limits?

I don't like limits; if something doesn't feel right then I don't go with it. Other than that, I'm unconventional and look outside the box, and that requires a non-limiting attitude. So, is anything off-limits? I’d have to feel it out.

Q-9:You have a psychology degree -- do you think you'd ever want to change careers and work professionally as a psychologist?

I feel I couldn't have picked a better field in which to exercise my degree. In entertainment, everyone should be armed with one of these. I think it helps the fact that being creative also makes you quite sensitive to stimuli, and understanding this helps. Would I work as a psychologist? Maybe in another life. In this one, I am quite happy with entertaining. I don't like encouraging negativity, and I think people consistently talking about their problems brings forth more problems, so I’d be a bad shrink. I’d just tell patients, "Listen, shut up, stop attracting bad things to yourself and talk about something positive.”

Q-10:You've acted in some Spanish language TV shows… would you want to try acting in America?

I began with a TV movie for PBS that I thoroughly enjoyed making, and then I did a couple of independents. I would enjoy both acting in Spanish and English. Real acting is such a great opportunity for your spirit.

Q-11:What's your idea of the ultimate date?

A night at the Hotel de Paris in Monte Carlo. I’ve been there and it was like heaven -- the view, the ambiance, the romance. But it would have to be with the right person, of course.

Q-12:In the 2007 video Game Def Jam: Icon your body and voice was used -- any talk of future video game work? Do you play any video games?

At times I play the Wii; it’s a fun group game, a cool family game where everyone can partake.

Introduction

Mayra Veronica - Credit: Mayra Veronica

Why is she famous?

Mayra Veronica is famous in her native Cuba for being a star on Spanish television. Her work in North America, however, is best-known for its uber-sexiness. She's appeared in spreads for FHM as well as Smooth, Maxim, Edge Magazine, King, and Open Your Eyes.

If that weren't enough, Mayra Veronica is a recording artist as well. Her Spanish album was extremely successful, and her impending English album release is sure to be just as popular.

Quick Bio

Mayra Veronica was born in Havana, Cuba. She arrived in the U.S. with her mother at the age of 4, however, her childhood was a difficult one. She left home and attended Florida International University, earning a degree with a major in psychology and a minor in theater.

Mayra Veronica's first modeling gig was when she was included in the FHM 2004 calendar. Projects with additional magazines quickly followed, with appearances in Smooth, King, Edge Magazine, Maxim, and Open Your Eyes. Mayra Veronica was chosen as the cover for FHM's Exclusive Collection Book, and she was also included amongst top A-listers on the cover of Smoke Magazine, a publication that had never previously been graced by a Cuban woman.

Mayra Veronica became the face of well-known brands like Nike, L'Oreal, Ford, Burger King, and Coca-Cola. In 2005, she had the top-selling calendar.

Work on her musical career followed with the release of her first Spanish album. The single
"Vengo Con To" was received with much praise. She'll release her first English album shortly.

Interview

Q-1:Can you tell us a bit about your work overseas with the troops? Where have you visited?

The tour was an unforgettable experience, a Thanksgiving to remember. I am still thankful for our amazing young men and women and their resolve.

We began traveling on a C-17 from St. Andrews Air Force Base in Washington, D.C. to six countries overseas. Our first stop was Germany where we visited the Air Force Base. The team consisted of James Cartwright, the Chairman of the Joint Chiefs of Staff, Russell Peters, a world-renowned comedian, actor Wilmer Valderrama, myself, and over 50 special agents traveling with us at all times.

From Germany we flew to Turkey and, soon after that, we proceeded on the C-17 another five hours into Bagram, Afghanistan, where we would do our first performance for over 1,400 soldiers. We were all pretty exhausted between jet lag and the lack of sleep, but the performance went flawlessly and we signed autographs, hugged, kissed, shook hands with, and shared our time with all of the 1,400 men and women.

The next morning we were all happy to have slept, and we embarked on a C-130 into Kandahar. Once we were there, we performed for the boys again and I was in heaven meeting all the soldiers. I couldn’t understand how anyone could be thanking me after what they were doing for me! It was a life-changing experience.

From Kandahar we went back to our C-17 -- we were now flying into Baghdad, Iraq. We dropped our stuff off at Saddam Hussein's palace (which is now a U.S. military base) where we would be sleeping for the next two nights. We went to visit Fallujah on an Osprey V-22 and, once we were there, we met with all our Marines.

From there it was a black hawk into Alassad, then back to the palace. The next day we left Iraq flying the C-17 into Djibouti, Africa, and we received another warm welcome. The love I was able to share was the most fulfilling experience ever.

After Africa it was onto Greenland, then head back home with all these new friends and all the warmth and love.

Q-2:Any future trips planned?

As far as upcoming projects, I will perform again for all the Marines at Camp Lejeune next month. And I will be ringing the NASDAQ bell with Michelle Pfeiffer in April.

Q-3:You recently spoke to Bill O’Reilly about creating another calendar even though you didn't want to do calendars anymore. Did you do a 2008 calendar?

I wasn't opposed to doing more calendars. However, I was out of time after concentrating on my music projects throughout the year. After visiting with the troops and after their consistent requests for me to put out a calendar, I decided to [do so and] donate the proceeds to the Wounded Warrior Project. I wanted to help all the veterans who do so much and expect nothing in return but the love of their country. I also wanted to send care packages to all those who requested them, so we did. The theme was just basically “Mayra Veronica.”

Q-4:Tell us about any upcoming modeling work you have planned.

Open Your Eyes magazine is doing a tribute to our troops with me on the cover, which should be coming out very soon. Playboy is releasing an article soon as well (it’s non-nude… sorry guys). FHM Germany and FHM Mexico have covers lined up. There are many other [spreads in magazines] that I will keep you updated with, including some top music magazines for the release of my album.

More from Mayra Veronica...

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