Whether it’s Youtube for videos or Flicker for photographs, the ever increasing demand for entertainment leads to the creation of more and more websites dedicates to displaying amateur “art” in the hopes of widespread popularity. As evidenced by the recent sale of YouTube to Google for $1.65 Billion, once a website gains widespread popularity, riches are not far away. This trend has increased the demand for new and entertaining content. Most times such services rely on self-submitted videos, photos or articles, but as more sites pop up, available supply dwindles. Consequently, a phenomenon commonly referred to as “website hacking” has become more and more popular. This form of hacking occurs when an individual uses some service or sight to put up their own video, photo or blog, in order to share that particular medium with known friends. Hackers looking for new and original content will often hack this information and use it on their own site, in an attempt to gain hits and popularity in the effort to be the next YouTube.

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

Copyright License Agreement

A copyright license agreement sets for the terms under which a third party can use your content. In legal language, you will the “licensor” with the other party being the “licensee.” The purpose of the agreement is to set forth the terms under which you, the licensor, will grant the third party, licensee, the right to use, publish or reuse your copyrighted work in exchange for a royalty. Let’s take a closer look at key components of the licensing agreement.

In a rather stunning move, Google recently purchased the popular video site YouTube The question many are asking is how Google will deal with the potential copyright violations on the site?

To show you how much the Internet has changed in a relatively short amount of time, it is important to look back at the last big public medium that had copyright issues. In this case, we are talking about Napster. As you know, Napster was a system where music could be traded by people for free. This, of course, drove the record labels and artists crazy. If people were trading the music for free, royalties and revenues were not being produced. To quell the uprising, the music industry went after Napster and even individual users, claiming that the copyright for the musical pieces was being violated. As you also know, the record companies won the fight.

In many small businesses, intellectual property is an overlooked asset. The goodwill from your company name, computer programs you have written, articles, manuals, or books that you have written, logos, advertising copy, methods you have used or processes to create your products or services, all should be closely examined in conjunction with a qualified intellectual property attorney, to decide how much value they are to your business, and how they should be properly protected.

Creativity is one of the human traits that can apply to any area of one’s life. Creative people have two tendencies. Firstly, they are capable of envisioning something new and different, such as a new way of doing something, or a new idea, or a new way of expressing their thoughts, feelings, and emotions. Secondly, they want to share their new insights with the world. Most people who have the creative gene also have the tendency to want credit for their creativity. This is where the wonderful world of copyrights comes into play.

Photographers often submit photos to publishers for inclusion in a book
or magazine. But what happens to the copyright for that photo? Does it
transfer to the publisher? What is the publisher allowed to do with the
copyright?

Unless the copyright to a photo is specifically transferred in total to a
publisher, the publisher’s use of that photo is limited by the usage
agreement. The publisher, however, creates a new copyright, called a
“collective work,” when your photo is combined with other photos, text,
illustrations, etc. Your photo then is covered by two copyrights – one for
the photo itself, and the other as part of a collective work.

1. What is a Trademark?
A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and services, to distinguish it from the goods and services of others. For example, Nike has a registered trademark with the United States Patent and Trademark Office (“USPTO”). Their mark is used to distinguish their goods and services over other shoe companies. Nike actually owns several trademarks, including design marks as well, such as their swoosh symbol.

Beware of these myths about copyrighted materials:

If it doesn’t have a copyright notice, it’s not copyrighted.
That use to be correct. However, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.

If I don’t charge for it, it’s not a violation.
Wrong again. It is a violation if you copy and give copyrighted works away. There are serious penalties and damages awarded if you hurt the commercial value of the property when giving it away.

Well, many of us have heard of the term “Google Slap.” That is when Google is the slapper. But now Google is the one that has been slapped.

Google, the Californian company that runs the world’s most popular search engine, lost a court case in Brussels Belgium on 13 February 2007 where it was found that Google had breached copyright.

Copiepresse, a copyright protection specialist, was representing a group of 18 mostly French language newspapers who complained that Google was using “cached” links to offer free access to archived articles from the papers that were sold on a subscription basis.

Society is currently moving through a transition from a community whose wealth is based in tangible goods, such as the means of production, to a community whose true wealth lies in intangible forms of property. We are moving toward a period where knowledge and ideas are more valuable than physical objects. Intellectual property, such as patents, copyright, trademarks and even trade secrets are what drive many of this country’s booming sectors. With widespread internet access, the creation of intellectual property is no longer restricted to large corporations or wealthy people who can afford to develop such property. Any person can develop value through a copyright, a patentable invention or a trademark. As intellectual property continues to grow as a wealth creation tool, individuals will be faced with the challenge of determining the value of the property, and the effect that such property will have on estate taxes.