Copyright Part Two: Unprotected Works

The U.S. Copyright Office designates copyright protection for "... original works of authorship fixed in any tangible medium of expression... " (see 17 USC § 102(a)). This begs the question: What is not protected? You learned from Part One of this series, a mere compilation of facts, like a telephone directory, is one type of work that is not protected. Here are five more areas of exclusion. Implied Exclusions. Reading the language of the law implies that "works of authorship" be created. Therefore, works created by natural processes, like the patterns in fallen tree bark, are not protected. Further, the law implies that a human creates the work. Therefore, works created by non-humans, like a painting created by an artistic cat, are not protected. Outright Exclusions. The U.S. Copyright Office has published Circular 34 that details a few items that are outside of copyright protection. Names, like your name or a school name or the name of store, are not protected by copyright. Titles, like the title of your novel, are not protected. Similarly, short phrases and expressions are excluded from copyright protection. (Not So) Obvious Exclusions. An obvious exclusion from protection under copyright law is using someone else's work within the work you create. In fact, per 17 USC § 103(a), "protection for a work employing pre-existing material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully." What may be less obvious is that there is no protection whatsoever for federal government works - not even by individual federal governmental employees. Examples include court opinions, federal laws and regulations, administrative reports, official photographs, personal photos taken by a soldier in war, and a public official's diary. No Ideas. Ideas, like concepts, solutions, and building blocks, are not protected. If an idea can be expressed through only one or a few ways, to the extent that the idea constrains its expression, the expression is unprotected. For example, the following ideas are unprotected under copyright law: concepts, like a game show solutions, like rules for a game, and building blocks, like rhythms and notes in musical works or the plot and theme of a novel. An idea, procedure, process, system, method of operation, concept, principle, or discovery may be protectable under patent law. Too Useful. Functional items, like lamps, are not protected. 17 USC § 102(b) basically says that there is no protection if you can answer YES to either of the following: Does the work describe, explain, or illustrate something (like game rules)? Is the work embodied within the article (like a blank form)? A lamp design, for example, is not protectable because its shape is not physically separate from its functional aspect. For details on what is protectable, see Part Three of this three-part series. If a pictorial, graphic, or sculptural work has no aesthetic features separate from its utilitarian aspects, then it is not protectable. Basically, if what you are trying to protect is designed to be useful (like the body of a costume that is really used as clothing), it will not get copyright protection. Are you trying to conduct preliminary research on whether or not you have a legal claim to raise before you consult an attorney? Are you without legal representation at the moment? Are you a student researching for a paper?

Avoid Falling Victim to Road Rage - The Driver's Safety Tips

Road rage is arguably one of the most pointless and worthless exercises one can engage in. However, not all people keep calm when driving, thus road rage has lately become quite a serious problem. Avoiding aggressive drivers is perhaps the best way to deal with such situation effectively. In order to avoid road rage, and the potential road accidents that come with it, one must understand what road rage is, who practices it, and what causes it. One of the most common reasons why people fall into road rage tantrums is because they feel inferior to others in many respects, and tend to succumb to such poor attitude and appalling displays of emotional misbalance behind the wheel as means of getting back at the world in general. One should keep in mind that not all people live the same lifestyle or have been lucky enough to have a good job, good family life etc. which are all negatives that can affect a person's behaviour behind the wheel, and cause them to act in an obscene manner. Keeping cool, calm and collected in cases where another driver is verbally abusing you is essential, even if you can teach them a lesson in manners, and driving, you shouldn't - it is just not worth the trouble, and not worth getting your hands dirty. Remember, in all instances, the mature and intelligent thing to do is to turn away and disregard such lame and obscene displays of on-road behaviour. Another thing to remember is that you are not perfect either, and that in many cases you may also be causing annoyance to other motorists by doing or not doing certain things when you are meant to. Bear in mind, that all people are just that - silly people, and that they all want to get home, or get to work on time - even those obnoxious individuals who give you the finger or shout obscenities through their car window. Not letting your negative emotions getting the best of you is vital, however this is anything but easy. Try not to focus your negative emotions, thoughts or desire to shout, abuse, even physically deal with the person before you as this will only make matters worse, instead smile at them, wave them off, and off you go. If the road-rager decides it is a good idea to follow you, then do four right turns so they know you are going in circles as way to avoid them. If the problem persists, by all means drive straight to your nearest police station, meanwhile jot down the plates and description of the vehicle, if possible the driver too, and let police handle the situation accordingly. A good way to keep your own road rage urges at bay, and keep your nose clean from confrontation with other motorists is to know what's important in your life. A photo of your family and loved ones on the dashboard, or a personal item of your spouse or kids hanging from your rear-view mirror will be a constant reminder that you shouldn't give in to such primitive behaviour (even if the other driver really deserves a smack in the mouth) as things can easily escalate out of control. A car crash or a fight caused by road rage is banal and degrading for both parties, and quite unnecessary. Getting into a car accident over a case of road rage is really, really not worth it. The consequences of falling victim to road rage, can easily translate to failing victim to a serious car accident fuelled by road rage. However, if you have been in a car crash caused by another motorist's obscene, menacing or otherwise abusive or aggressive behaviour you may be due for compensation or another form of legal retribution, so check with your accident attorney for the possible ways through which you can seek justice and receive it.

5 Ways to Make Money Online With YouTube

With the popularity of the internet growing over the past few decades, people are finding new and innovative ways in order to use this technology. One of the most popular methods to using the internet is to make money and YouTube is gaining as one of the sites that people are using in order to make this money online. If you are interested in learning how to make money online with YouTube, look at some of the suggestions below. Sell Your Products One of the methods that people are considering when they are learning how to make money online with YouTube is to sell their own products. Often you will have to have a product that can easily be sold through a video format, but other than that, the possibilities are endless. Some companies choose to put some of their own advertisements on YouTube so viewers can go and see them as often as possible while others, like exercise consultants or teachers, may sell copies of their videos completely on YouTube. Create a Tutorial There are many people who are always looking for ways to learn something new. Perhaps they want to learn how to sew, finish a complex math problem, or apply their makeup in a new method. Whatever your skills are, you can create a tutorial about it and sell it on YouTube. Create a Series Mini-series have become a huge hit online and many of them can be found on YouTube. If you are really creative and would like to make some money using YouTube, then creating a series is the perfect solution for you. You can choose to use YouTube in a few different ways. If you are just starting out, this is a great platform in order to upload the videos for people to see. As you gain an audience, you may want to choose to put up advertisements for your series on YouTube and link it back to your own website. Create a Hit Single Some of the most popular hit singles that have come out in the last few years were ones that were uploaded to YouTube and passed along between friends. This is a great way for many aspiring artists to make millions if they are successful, especially if they find that they are having difficulties getting a major label to take them on. Some of the hit singles that have been discovered on YouTube recently include Psy's "Gangnam Style" and Rebecca Black's "Friday." Start a Competition Competitions can be a fun and exciting way for you to make some money using YouTube. The most difficult part of this is that you must find something that will be a win-win for not just you, but also for the contestants that are competing. This means that the whole thing cannot be just about you making money, the contestants will also need to receive something out of the deal if they win.