Copyright Law's New Makeover

Copyright Law’s New Makeover
The ability to create, publish, and produce creative material is one of the most complex and beautiful gifts around and those who do so should have faith in the protection of their work. Copyright laws are the broadest of laws out there and are even harder to understand. Even still, they were put into place to protect the creative works of the public and punish those who infringe upon them. New technological advances are making theft of these products easier for those who participate in it and harder for creators to protect and benefit from their work. Maximum punishments are available in situations such as infringement, but few courts favor that decision. Copyright infringement is just like any other form of stealing,

Copyright is a form of protection written in the Constitution and granted by law for original works fixed in a tangible form of expression. Copyright covers both published and unpublished works and were adopted after the establishment of the Copyright Act of 1976. This Act secures all previous copyright laws of the U.S. and distributes more specific rights to the creator such as the rights to reproduce, rights to sell, lease or rent, rights to perform works, and so much more. Not only does the law give rights to creators, but also prevents those without contribution from going beyond their rights. David J. Moser and Cheryl L. Slay dedicated an entire twelve chapter book, Music Copyright Law, to spreading the knowledge of copyright laws to the public. Their writing presents important facts and even give examples of what infringement would look like and the steps to obtain a case. Throughout the book, the two authors inform readers of all the aspects of a musical creator’s rights and educates them even further by explaining how to go about an infringement case and the best ways to keep works protected. Copyright Laws are the security blanket when it comes to the product of an artist and allows them to feel safe distributing their

In an infringement case, the copyright owner has the choice of either suing for an injunction of for financial restitution (Ingram par. 2). An injunction restricts an infringer from continuing to redistribute and make money. Financial restitution is providing compensation to the owner of the work for loss of value and also covering any court cost that occurred during the case. “In addition to making financial restitution to copyright holders, those caught breaking copyright law can face serious criminal penalties. According to the U.S. Department of Justice, first-time copyright infringement cases can carry a fine of up to $250,000 and up to five years in prison. If you get caught more than once in a copyright-infringement case, you could face additional fines of up to $250,000 and up to 10 years in prison” (Ellison par. 3). Fortunately, your work does not have to be registered to be infringed upon, but registration is highly recommended because in case of an infringement, registration would be your proof. Registration is actually required to bring on a lawsuit for infringement of a U.S. work. Unfortunately, this is one of the reasons infringement is so simple to get away with. Sometimes a case is not even brought about due to the tedious process of proving ownership without registration to prove that you are in fact the owner. It gets even harder when registration of works is