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Shattering A Few Myths About Copyright

Shattering A Few Myths About Copyright

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    It is unfortunate that people don’t know as much as they should about intellectual property rights. One day recently I briefly checked in to Twitter to see a discussion on the matter — a discussion that was propagating misinformed ideas. You might see copyright as a topic that’s only relevant to artists and engineers, but the truth is that this isn’t called the information age for nothing and intellectual property laws affect everybody.

    Here’s a quick and dirty primer to your copyrights. It is by no means extensive or legal advice and is merely the result of some rigorous study I applied myself to a few years ago as an individual who trades in intellectual property. As with anything, the right thing to do is check the facts by reading the acts so that you’re certain of your rights.

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    Fixed Tangible Expressions

    How do you know when something you’ve created has become copyrighted? The prevailing answer that most people will provide is, upon creation. That’s right and wrong depending on how you define creation. Does creation include conception? That’s the popular view and that’s not correct.

    Something is copyrighted when it is a fixed tangible expression. That means it is out of your head and written on paper, painted on canvas, recorded in your home studio or otherwise made tangible.

    So when are your conceptions and creations not copyrighted? That brings me to…

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    You Can’t Copyright Ideas and Names

    You cannot copyright ideas. While you can copyright a fixed tangible expression of an idea, you can’t copyright the idea itself even once it has been expressed. Others are able to take that idea and express it themselves, and as long as that expression isn’t too similar to yours, it can’t be contested. Obviously we’re talking about copyright here — trade secrets and patents are different things entirely.

    You also can’t copyright a name. Copyright law covers works, trademarks cover names. Trademarks are expensive and there are pretty stringent requirements on registering them. In other words, the names of the characters in your story are not yours, unless you take the unlikely step of trademarking them.

    A story, a picture, and a letter to a friend are all fixed tangible expressions. Even a list and the order of the items on the list (but not the names themselves) can be copyrighted. But if you send an idea for an episode to the producer of your favorite show, it is theirs to create a script (which is, you guessed it, a fixed tangible expression of the general idea, though the description of the idea itself as you worded it would remain yours).

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    Poor Man’s Copyright is a Poor Man’s Myth

    There is an idea floating around that mailing something you created to yourself is an alternative to registering copyright for the item. The truth is that you have the copyrights to your work once you’ve created the work, but if there’s ever legal trouble having the work registered will be helpful. This poor man’s copyright trick is a myth and does not provide the legal backup that registration does; you may as well save the money you would spend on envelopes and postage stamps.

    Work-for-Hire

    f you intend to do business as someone who creates intellectual property, you should be careful. Some people are more than happy to sell the copyright to works they create and some will expect it from you. In some industries, this is the norm, such as with web design. In other industries — for example, if a song is commissioned from a band — a license is typically sold, whether it’s an exclusive commercial license or some form of limited license that gives the buyer certain rights to the intellectual property.

    Clever sellers of intellectual property will retain the rights. Clever purchasers of intellectual property will only buy the rights. It gets a little tense when a clever seller meets a clever purchaser!

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    Here’s the important thing to remember:

    In many jurisdictions, unless you specifically stipulate in a contract between yourself and the client or employer, all intellectual property you create for a client or for your employer is their intellectual property. In most places this is called work-for-hire.

    The Six Exclusive Copyrights

    My mentor in intellectual property forced me to memorize the six copyrights that are granted exclusively to the creator (or creators) of a work. It is wise to do so if you deal in IP yourself. You have the right to:

    • Produce copies and reproductions of the work and sell them,
    • Import or export the work,
    • Create derivative works,
    • Perform or display the work publicly,
    • Sell or assign these rights to others,
    • Transmit or display by radio or video

    Nobody else can do these things with your work. Memorize them so that you can easily tell if someone is an admirer or an offender disenfranchising you of your legal rights.

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    Joel Falconer

    Editor, content marketer, product manager and writer with 12+ years of experience in the startup, design and tech digital media industries.

    Mastering the Art of Prioritization The Importance of Scheduling Downtime How to Make Decisions Under Pressure 11 Free Mind Mapping Applications & Web Services How to Use Parkinson’s Law to Your Advantage

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    Last Updated on June 13, 2019

    15 Best Entrepreneurs Books to Start Reading Now to Be Successful

    15 Best Entrepreneurs Books to Start Reading Now to Be Successful

    Knowledge is power, and you’re going to need a lot of it if you’re going to be able to steer your business to success.

    Without further ado, let’s take a look at the 15 best entrepreneurs books to get inspirations about success and grow your business.

    1. Think and Grow Rich by Napoleon Hill

      This book has been dubbed the Granddaddy of All Motivational Literature, and it was actually the first book that gave a prescription of what it takes to be a winner.

      Napoleon Hill draws from the stories of millionaires like Henry Ford, Andrew Carnegie, and Thomas Edison to illustrate the principles he put forth.

      Get the book here!

      2. The Lean Startup by Eric Reis

        A lot of startups end up failing, but many of these failures are actually avoidable. The Lean Startup provides a different approach that is now being adopted all over the world and changing the way that companies are developed and products are being launched.

        In The Lean Startup, Eric Reis describes what is required for a company to penetrate the fog of uncertainty in order to discover a path to a sustainable and successful business.

        Get the book here!

        3. The E-Myth Revisited by Michael E. Gerber

          In a revised edition of the 150,000-copy bestseller, The E-Myth, Michael Gerber refutes some of the myths that surround starting your own business and shows just how commonplace assumptions can end up getting in the way of being able to run a successful business.

          Gerber succeeds in walking the reader through the steps that occur in the life of a business, from infancy, through the pains of growing as an adolescent, to the perspective of the mature entrepreneur.

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          Get the book here!

          4. Rework by Jason Fried

            Most of the business books that you get today will give you the same advice: draft a business plan, study the competition, look for investors, and all that.

            However, Rework shows you a more effective, easier and faster means of succeeding when running a business. By reading it, you’ll be able to know why some plans are harmful, why you don’t really need to get investors, and why you’re better of shutting out your competition.

            Get the book here!

            5. How to Win Friends and Influence People by Dale Carnegie

              This is one of the most successful motivational books in history, selling well over 15 million copies since it was released in 1936. The book is timeless, and it appeals to businesses, self-help startups, and general readers.

              Carnegie believes that a lot of successes come from an ability to communicate rather than having brilliant insights. In his book, he teaches how to value others and make them feel appreciated and loved.

              Get the book here!

              6. Outliers: The Story of Success by Malcolm Gladwell

                Through this amazing book, Malcolm Gladwell is able to take the reader on an intellectual journey through the world of ‘outliers’. He asks the question of what truly differentiates high-achievers.

                His answer to this question is that we tend to pay too much attention to what successful people are like, and less attention to where they are actually from.

                Get the book here!

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                7. Rich Dad, Poor Dad by Robert T. Kiyosaki

                  This is the best personal finance book ever written. It tells the story of Kiyosaki and his two fathers; his real father, and that of his best friend (his rich dad), as well as how the two men helped him shape his opinions on money and investing.

                  It refutes the myth that you need to earn high to become rich, and it distinguishes between working for money and having money work for you.

                  Get the book here!

                  8. The Ascent of Money: The Financial History of the World by Niall Ferguson

                    Niall Ferguson, in this book, follows the money to tell the story behind the evolution of the word’s financial system, from the beginning way back in ancient Mesopotamia to the latest occurrences in what he had dubbed Planet Finance.

                    Fergusson also reveals financial history as the backstory behind our very own history, with an argument that the evolution of debt and credit is as significant as the history of technological innovation and the rise of civilization.

                    Get the book here!

                    9. Liar’s Poker by Michael Lewis

                      Michael Lewis landed a job at Salomon Brothers after getting out of the London School of Economics and Princeton within three years, he had risen to the rank of bond salesman, making millions for the firm and cashing out steadily.

                      Liar’s Poker is the amalgamation of these years — a look behind the scenes at one of the most turbulent times in American business. His book is Lewis’s account of an era where greed and gluttony were the order of the day.

                      Get the book here!

                      10. Drive: The Surprising Truth about What Motivates Us by Michael H. Pink

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                        A lot of people see money as the best motivator. Michael pink says it’s a mistake.

                        In this provocative book, he asserts that the secret to high performance anywhere is the need to direct our lives, to learn and create, and to do better by our world and ourselves.

                        Get the book here!

                        11. Getting Things Done: The Art of Stress-Free Productivity by David Allen

                          Outdated methods don’t work in today’s world. In this book, Allen shares some awesome methods for stress-free performance that he has shared with thousands of people all over the world.

                          His premise? That productivity is proportional to your ability to relax.

                          Get the book here!

                          12. The 7 Habits of Highly Effective People by Stephen R. Covey

                            In this book, Stephen Covey presents a holistic approach for overcoming both professional and personal issues. With insights and anecdotes, Covey presents a way to live with integrity fairness, service and dignity.

                            Get the book here!

                            13. The 4-Hour Workweek: Escape the 9-5, Live Anywhere, and Join the New Rich by Tim Ferriss

                              In this book, Ferriss dishes on the tips he has learned from studying the New Rich, a subculture of people who did away with the deferred life plan and mastered time and mobility to developed luxury lifestyles for themselves.

                              If you’re looking to make your way in this revolutionary new world, this here is your compass.

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                              Get the book here!

                              14. Delivering Happiness: A Path to Profits, Passion, and Purpose by Tony Hsieh

                                The CEO of Zappos shows how a unique kind of corporate identity can help deliver a huge difference in the way results are being achieved — by creating a company that values and delivers happiness.

                                Get the book here!

                                15. Losing My Virginity: How I Survived, Had Fun, and Made a Fortune Doing Business My Way by Richard Branson

                                  From Virgin Atlantic Airways, Virgin Records and V2 to Virgin Cola, Virgin Megastores and a wide array of other companies, Richard Branson is the rockstar billionaire that a lot of us want to be.

                                  Branson, however, did business by following a simple philosophy:

                                  “Oh, screw it, let’s do it”

                                  Losing My Virginity is an unusual, borderline outrageous autobiography of one of the greatest business geniuses in the world. Branson and his friends named their business “Virgin” because that was what they were — virgins at the game.

                                  Since then, he’s written his success rules, creating a global business that has no headquarters, no management structure no corporate identity as it were.

                                  Get the book here!

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                                  Featured photo credit: rawpixel via unsplash.com

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