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What is considered copyright infringement?

Journal Entry: Thu Jan 26, 2012, 2:28 AM


Due to the growing concern...I have had a lot of people ask me what is considered piracy and what isn't. Things to consider is the Millenium Copy Right act and fair use laws. Funny enough a while back I would have liked a law like SOPA because it would hold a site liable for letting its users plagiarize my artwork. E.g a while back a group on Facebook took my work and refused to credit me, I contacted Facebook and they said they would remove the work, then the admins of the page said they would change it to a private setting so I couldn't access the site and see if my work was still being used without my permission. SOPA would have been useful but now I see that with such power as to hold an entire site liable for a bunch of users actions is dangerous because it can be abused. Also how would you feel if someone like me closed down a huge public web site because a few where taking something of mine? I have learned not to care when my stuff is uploaded elsewhere and shared. I don't mind and I won't chase down anyone. I only get up in arms when it is being exploited commercially ( which has happened far too many times...) Remember you can always go back to the Millennium Copy Right Act if your work is being infringed...and this also applies to movie/music producers and rights holders.


I am guilty of piracy, I am sure almost everyone is and a few movies and songs here and there will add up to a huge net loss for the companies that produced the content. Ultimately it is stealing and I advise people to pay for their product and obtain them legitimately. We don't want to kill the music/movie industry but we don't want them taking our rights either.


So? what is considered piracy?
"As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner." This is called 'copy right infringement'.
This included Youtube to mp3 converter, downloading copyrighted material using bit torrent, file lockers etc and can be applied to things such as images, videos, artwork, literature, music etc.

What if the music/tv show/ movie/ software isn't available in my country?
This is a tricky question. You can order it from overseas, though it would be very costly..though it is the right thing to do. I do think TV producers/ music producers leave themselves open to piracy when they make their product hard/ or overly costly to obtain and I really wish they would invest in making better online shops to deal with this issue instead of cracking down on piracy.

What if I make my own copy of a DVD/ music as a back up and I don't share it?
Oddly enough? this is actually a right you have. You are allowed to make a personal copy of software as a consumer right. Problem occurs when the DVD has as a system that stops ripping from being possible. You can circumvent this using specific ripping software. But is it legal? Yes and no. Manufacturing or distributing software designed for circumventing ( for infringing purposes) is illegal but using the software for none infringing purposes is legal. Be careful! laws in different countries are different.

"In Australia and New Zealand a copy of any legally purchased music may be made by its owner, as long as it is not distributed to others and its use remains personal." but "In the United Kingdom, making a private copy of copyrighted media without the copyright owner's consent is currently illegal, but the UK government's new Digital Economy Act is likely to make copying of CDs for personal use legal" "In countries such as Spain, anyone is allowed to make a private copy of a copyrighted material for oneself, providing that the copier has accessed the original material legally. A directive of the European Union allows its member nations to instate in their legal framework this private copy exception to the authors and editors rights."

That brings me back to the copyright laws and how they differ from country to country.
"Downloading copied music is legal in some countries in the context of the copyright, such as Canada, The Netherlands, Spain, and Panama, provided that the songs are not sold. In Canada it is legal to download any copyrighted file as long as it is for noncommercial use, but it is illegal to distribute the copyrighted files (e.g. by uploading them to a P2P network)."

Best thing to do is go look up the law in your country and stay up to date. There is nothing more scary than finding out you were breaking a law you didn't even know existed... Anyway I hope this was helpful. If I have made any mistakes or left anything out, feel free to tell me.

Sources
Millennium copyright act www.copyright.gov/legislation/…
Wikipedia en.wikipedia.org/wiki/Copyrigh… en.wikipedia.org/wiki/Ripping#…


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:iconfyredrgn:
fyredrgn Featured By Owner Feb 2, 2012  Hobbyist General Artist
Thanks for posting this! I've been looking for information on copyright laws, so this definitely helps.
Reply
:iconkagomerei:
KagomeRei Featured By Owner Jan 29, 2012
Actually copying a DVD is against the law, especially if you rip it from the DVD, doing to a CD isn't. I just signed something in order to change the DVD thing.
Reply
:icondadles:
dadles Featured By Owner Jan 28, 2012  Student General Artist
This is very helpful, thank you for posting this.
Reply
:iconande-art:
ande-art Featured By Owner Jan 28, 2012  Hobbyist Digital Artist
:wave: Hi there, everyone. Just trolling around to make sure the serious-bullshit levels don't rise too high. Have a fun day.
[Goes back to farting in patterns]
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:iconfrei9ht:
Frei9ht Featured By Owner Jan 30, 2012

:iconlooolplz:
Farting in patterns.
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:iconande-art:
ande-art Featured By Owner Jan 31, 2012  Hobbyist Digital Artist
:fart:
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:iconfreakiegeekie:
FreakieGeekie Featured By Owner Jan 28, 2012  Hobbyist General Artist
Also, companies should try to make their products more broadly available. I mean really, they could make SO much more of the money they're so worried about if they would just find some way to make things available at a cheaper rate in other countries.
Reply
:iconfreakiegeekie:
FreakieGeekie Featured By Owner Jan 28, 2012  Hobbyist General Artist
I have my share of pirated music but most of the games, movies, and music I own I've bought with my own money.
Yes, I'm from the US but I barely make above minimum wage and I still live at home. I buy groceries and necessities for my family because we're just above the poverty line. If I didn't work and buy stuff for my family, we'd probably starve.
I recently bought a used Xbox 360 for $140 from a friend and it took me quite a while to save the money.
Gaming is an expensive hobby. New games cost $60 or more and I can't justify spending $60 on a new game over buying something to eat. So I save and read, draw, or write while I'm waiting to have the money for a new game. Or hell I'll play the old games I have 'til I get sick of them.
So what if the game is a little out of date and no longer popular when I buy it? At least I was finally able to get it!
But that's just how I see things.
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:iconkimoforce:
KimoForce Featured By Owner Jan 27, 2012  Hobbyist Digital Artist
Fun fact: Back where I live in Egypt, all the shops sell pirated video-games, movies, and albums. You can't sue anyone for copyright infringement, since we have no staff to look over any notorious downloads. I guess hackers would see a country like Egypt as a safe heaven from the US government.
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:iconmoonstalkerwerewolf:
MoonstalkerWerewolf Featured By Owner Jan 27, 2012  Hobbyist Digital Artist
I still wish copyrights were used for their original intent, to protect the artist and his ideas, rather than fill fat-cat corporation guys' wallets. ;A;" I mean, they make all the money, not the artist at all now.
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:iconpuppy-eater:
Puppy-eater Featured By Owner Jan 28, 2012  Student General Artist
If this were reddit, I would upvote your comment. :)
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:iconpictureonprogress:
PictureOnProgress Featured By Owner Jan 27, 2012  Hobbyist General Artist
I love this comment.
Thanks for making a fair proposal for copyright :dance:
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:iconmoonstalkerwerewolf:
MoonstalkerWerewolf Featured By Owner Jan 27, 2012  Hobbyist Digital Artist
Thanks. x'3 I believe in using them for their original intent.
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:iconpictureonprogress:
PictureOnProgress Featured By Owner Jan 28, 2012  Hobbyist General Artist
Because that's the purpose it should have, sadly the big companies exploit it and don't give the artist as much as he/she deserves (my own words)
Not to mention you can't outlive copyright, that's really interesting:O_o:
Reply
:icontheubbergeek2:
theubbergeek2 Featured By Owner Jan 27, 2012
The debate is also the reverse, more or less - is the current copyrights model good? Have the anti-copyright, copyleft, pirate parties, etc a point?

Are copyrights not good for the artists and creators actually, but the corporate capitalists? Is there a deleterous effects on creation?

That RIP; Remix Manifesto documentary by example...

Is there other, better models for the new era? You may not end piracy... There is a lot of hypocrisy around that.
Reply
:icondrawing-24-7:
Drawing-24-7 Featured By Owner Jan 27, 2012  Hobbyist General Artist
heres one augument
here dvd movies cost about $25-$30. i can get 200 dvd discs for about $40 and cases for about the same. so per disc it would cost me about $5, but big companies could do this in bulk, so per disk it would cost them about $3 or $4 per disk. think of the cash from that. but then we have to add on transport and store costs. dvds are small and light so transport cost would only add about 20c per disk onto the cost. so it should only work out to about $10 or $15 to make a deacent profit and yet we have to pay double out out of pure greed. but they say it cost millions to make the movie, ok. the move cost 5mill to make if enough people see it at the movies it's payed for right there, then add on merchandise and dvd sales.

and heres a second
the movie and music industries have been saying that piracy will kill them since people started recording songs off their radios or tvs. even as a kid i remember the shady looking market stalls selling pirated tapes and still the music and film industry is alive and growing. my mind is drawn back to the south park ep where the boys were arested for attempting to download music. about how becouse of people pirating their music then have to buy a slightly smaller pool or private jet.

during the black out i made this comic: [link]
laws like SOPA, PIPA and more reacently ACTA are going to be run but the people that are making all the money from these industries, if that's not the very deffintion of curruption then what ever it was is censored. if any laws like these pass there'll be no right and wrong it'll only be what the power hold want us to see. i see a blank future. no facebook, twitter or lol cats.
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 27, 2012  Student Traditional Artist
laws like SOPA, PIPA and more reacently ACTA are going to be run but the people that are making all the money from these industries

It always has been that way. And actually, about 100 or so years ago, copyright was made to PROTECT the ARTIST from the corporation. However, it's been twisted so that the corporations are the ones benefiting from copyright (i.e. you have to "sell" your copyrights to an idea, and the corporations rape you of about 90% of what you should actually be making).
The corporations have been controlling the government for a very long time, and people are too complacent to even care until their precious internet became at risk. :roll:
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:icondrawing-24-7:
Drawing-24-7 Featured By Owner Jan 28, 2012  Hobbyist General Artist
"but" should be "by" there... behold the magic of typing in the dark.

yeah it's that whole 1% having all the money and the power again. have you seen Sicko? part of that showed how health insurance compainies control the government so no laws on low cost health care will pass. it's the same thing here.
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 30, 2012  Student Traditional Artist
Lol, it's fine. :XD:

Haven't seen it, but I have read a lot of stuff about the insurance industry and the pharmaceutical corporations. :B Doctors actually get money for writing prescription to patients. :| I'm not surprised- the government doesn't do shit as long as it gets its money. lol That's the main reason why weed hasn't been made legal- there's really no way to control the distribution.
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:icondrawing-24-7:
Drawing-24-7 Featured By Owner Jan 31, 2012  Hobbyist General Artist
so true, it is worth seeing Sicko, even if you have to watch it online. i actualy saw a doco on Amterdam and how their laws on weed work, it was quite interesting. they have weed cafes where people can buy and use legaly and what they can sell is regulated so it can't be too concentrated or just stem.
Reply
:iconyeahgirl11:
yeahgirl11 Featured By Owner Feb 3, 2012  Student Traditional Artist
I'll have to check it out sometime.:D Yeah, I think Denmark and I know Norway also do the same with weed. I doubt anything like that will catch on here though- capitalism is extremely strong, and many people have the wrong idea about weed. This will sound contradictory, but I'm actually against smoking weed. However, I'm also against drinking alcohol, and we've seen how that turned out when they tried to prohibit it. lol You can't stop people from smoking weed, and it's resulted in MUCH less deaths than alcohol has- all this drug war crap is really just a front put on the by government.
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:icondrawing-24-7:
Drawing-24-7 Featured By Owner Feb 3, 2012  Hobbyist General Artist
true true i don't drink or smoke either. but i don't get in people's way when they want to.
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:iconnightrunnerxm:
NightrunnerXM Featured By Owner Jan 27, 2012  Professional Digital Artist
There's a reason for that. For the last century, the changes and infringements on personal rights were made slowly, a bit at a time. When SOPA an PIPA showed up, it was a big, noisy move, and it caught people's attention in a way that the smaller moves didn't (and were, in fact, designed to avoid).

Of course, there are about a dozen other factors to consider as well, not just political or corporate corruption and greed.
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:iconpoisonparasyt:
PoisonParasyt Featured By Owner Jan 27, 2012  Hobbyist Digital Artist
Maybe we should thank them for making a big noisy move to bring our attention to it. Now is the hard part. Doing something about it. I dont know what to do though. Everyone is more aware of the copyright thing now, but since SOPA and PIPA are shelved, the activeness of the majority is declining already >.< Just more discussion as usual.
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:iconnightrunnerxm:
NightrunnerXM Featured By Owner Jan 29, 2012  Professional Digital Artist
Not so much, really. Just that the community's next move is taking place in March. It's called Black March. Essentially it's a complete boycott on all of the recording industries' products. No going to the movie theather, no buying movies, no music, no downloads (legal or illegal). Since it's planned for the end of March, that puts it at the end of the first quarter. With enough people participating, it would blow a chunk right out of the industry's finances.

Since they care about money, hit 'em in the wallet. Show that they've managed to alienate a segment of their customer base (which any businessman can tell you is a really bad idea).
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 27, 2012  Student Traditional Artist
That's a good point; also, the education had been slowly declining, which would help to explain why so many people are ignorant of the laws. I have a school book written in about 1928 about US government and law, and they taught you EVERYTHING. I also have a math book from around the same time, and they actually SHOWED you what do and explained why things were done the way they were. Nowadays, I don't find many school books like that- my 8th grade US history book didn't even cover 20% of what was written in that book, and the math books they're coming out with in schools fucking suck- they MAKE you use a calculator for shit can be done in your head.
That being said, a slow decline in education= a decline in general intelligence, which makes it easier for the government to slip in laws that only benefit them and the corporations.

I agree- there is more to it that than that, but those reasons do make a large part in trying to pass the law. If the government wasn't going to be benefit from it, I wouldn't doubt they'd strike it down without even looking at it.
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:iconnightrunnerxm:
NightrunnerXM Featured By Owner Jan 29, 2012  Professional Digital Artist
I can agree with your points, but only to a...uh....point. (Gee, now there's a moderately awkward turn of phrase... :hmm: )

I can agree that a decline in general education is one of the roots, however, I would point more at the declining ability of teachers to actually do their jobs. As in, they have very little by way of tools for A: Maintaining classroom control (which means that teachers need to be trained in command presence, I think... ) , while B: Making the material interesting enough for anyone to pay attention to it in the first place.

The available materials is a definite concern, but I very much doubt that the decline of general education results in diminished intelligence. In fact, I think it's accurate to say that modern humans are fairly intelligent creatures. Let's think about it a second. Between my generation and my parents' generation a ton of new technology came up. My generation took to it far faster than my parents have. Our tools have gotten very complex, and it requires at least some intelligence to utilize any of it to any appreciable degree.

As to the decline in education making things easier for laws to be passed....well, yes and no. Yes, in the sense that, as long as the laws are written in unnecessarily verbose and vague legalese, then yes, they will be very difficult indeed to understand. Without that understanding, how do you know exactly how a proposed law is actually supposed to work? No in the sense that; We don't pay attention. Usually. Think of how many things there are to pay attention to. A new movie every month, news articles from around the world, celebrity face-lifts, and who's going to the Superbowl? Oh, and there's this great new sex technique article in Cosmo.... :facepalm: (Their fashion articles suck, too, BTW.)

Very little of what shows up in front of us is actually all that relevant to anything, yet it serves as a bright, flashy distraction. Not that they'd need much of one, since Congress is basically Night of the Living Dead, anyway!

Anyway, add to that the fact that realistically, we do have an overcrowding situation. I'm not trying to say "The planet can't support us all!" ...She can, guys. Get over it. No, I mean that our cities cram a lot of us together, and that means we see a lot of the same thing. It's boring. So, the bright flashy stuff gets our attention and relieves our boredom. Keeping an eye on Congress? Boring as hell. (Until they frak up, of course, and then things get interesting. :) )
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 30, 2012  Student Traditional Artist
I agree with that. Most people blame the teachers, but it's not really their fault; people freaking act like teachers are babysitters and expect them to teach them everything that they themselves are supposed to be teaching them. :roll: I read an article about that- it was written by a junior high school teacher. As you mentioned, the material has to be made interesting.

(LOL Cosmo sucks all around. :XD: ) Oh definitely- I took that into account, I just didn't want to make a super long post. I think people have just gotten too complacent- I think that's main reason. I mean, think about it- do we REALLY need to know what X celebrity fucked up in life? Do we REALLY need to care about the Superbowl? (That's another thing- why pay athletes more money than what teachers make? People like to blame teachers for all the problems with their kids, when they'd rather pay thousands of dollars to travel to watch the Superbowl). People just focus on the wrong things because they act like the government is this super perfect organization that cares about its people. :hmm:

Hahaha, you're one of the few people who actually know anything about the "overpopulation" myth. But yes, I agree with you. :nod: I didn't take the overcrowding of cities into account.
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:iconnightrunnerxm:
NightrunnerXM Featured By Owner Jan 31, 2012  Professional Digital Artist
Heh. All part of my job description. I've always figured that in order to be an artist, you've gotta study pretty much everything (whether you agree with it or not, you should at least understand why you don't agree with it! ) And I can deal with long posts. Let's face it, this is a complicated subject, so short posts lost their effectiveness.

Besides...I gotta make this damned BS degree in animation be worth something! :faint: (As opposed to simply tacking BS to the end of my name and ensuring that nobody can take me seriously! lol )
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 31, 2012  Student Traditional Artist
You know, now that you mention it, most artists seem to be the type to do that in the first place. A lot of us tend to be critical thinkers. It just comes with the territory I suppose. :XD: And :phew: that's good- you have patience. :XD:

Lol! :XD:
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(1 Reply)
:iconmileniakitsuvee:
MileniaKitsuvee Featured By Owner Jan 27, 2012  Hobbyist General Artist
About the education thing...it's very true. The more recent kids I've tutored are proof of that. Some didn't know what a metaphor was and others just didn't know how to spell "white". Among other things...and they where High School Students... :bucktooth:
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 27, 2012  Student Traditional Artist
Whoah, for real? :o Some actually didn't know what a metaphor was!? HIGH SCHOOL!? And yet people criticize non-English speakers for "improper" English. :no:
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:iconmileniakitsuvee:
MileniaKitsuvee Featured By Owner Jan 29, 2012  Hobbyist General Artist
Yes, it's quite sad actually. You see a friend of mine recently graduated as a teacher and I would help her check exams/quizzes and the stuff we saw was pretty shocking. Sometimes she would call me in disbelief lol but I told her to not give up. Though it's not just the students, there are some teachers who don't really do their job like someone in her class who also became a teacher but all her students get As. Want to know how? She'd give them work below their grade/skill level. :/
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 30, 2012  Student Traditional Artist
Lol! :XD: Oh yeah, I agree. A lot of teachers aren't very good. But I wonder- is it because they've been trained that way, or is it because they're tired of teaching? It's probably myriad of reasons, but I think the main problem is that federal government doesn't give a shit. For example, when kids transfer schools, the credit system isn't standardized- sometimes they're ahead or (often) they're behind in credits. It makes no sense to me.
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:iconmiramisaki:
MiraMisaki Featured By Owner Jan 28, 2012  Hobbyist Digital Artist
A friend of mine who lives in Egypt has a greater mastery of the English language (as his second language) than most of the people I knew in high school (and a lot of the people I know in college). There's something seriously wrong here.
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:iconyeahgirl11:
yeahgirl11 Featured By Owner Jan 28, 2012  Student Traditional Artist
I don't doubt that- my mother has better mastery of English than 98% of Americans and English is her second language too. Lol at this education system.
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:icontexasdreamer01:
TexasDreamer01 Featured By Owner Jan 27, 2012
This!
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:iconanniefelis:
anniefelis Featured By Owner Jan 27, 2012
Sadly, game companies are trying to remove our first-party rights to do what we want with our games and consoles (like mod a PS3 to run linux or dare to install StarCraft 2 on more than one computer). It's only a matter of time before movie companies do the same.
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:iconristar3487:
Ristar3487 Featured By Owner Jan 27, 2012  Hobbyist General Artist
Twilight and Justin Bieber make billions, the music and film industries are doing just fine financially.
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:iconkatebelangerarts:
KateBelangerArts Featured By Owner Jan 27, 2012  Hobbyist Traditional Artist
It's not about the mainstream artists, but mostly those before them who don't earn a lot of money (and there's a lot of them).
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:iconkagenoneko-maat:
KageNoNeko-Maat Featured By Owner Jan 27, 2012
You brought up a lot of good points especially the one about content not being in your country.

I would have to add to the discussion that the numbers that the content industry use about piracy cannot be verified outside of the industry. Some at CATO wrote a piece about this and how he tried to track down what is the real impact of piracy.

Then I have to point out that I've talked to someone who watched Doctor Who and didn't want to wait for the next season to be brought to US and pirated it. It really makes me wonder if a bulk of piracy is people pirating content made in a country that is not their own country.
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:iconlackadaisicalleopah:
LackadaisicalLeopah Featured By Owner Jan 27, 2012  Hobbyist Digital Artist
Oh, cool. This makes me feel better about putting the music from my CD's onto my computer. XD
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:iconmewthree56:
Mewthree56 Featured By Owner Jan 27, 2012  Hobbyist Artist
Copyright Infringment: The act of using ones copywritten material illegally, by claming it as their own invention, design, or creation, obtaining it illegally through acts of piracy and online theft, or providing it illegally through the Internet or various locations.
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:iconaccelgors:
Accelgors Featured By Owner Jan 27, 2012
"We don't want to kill the music/movie industry..."

These industries make billions every year. I think they'll live.

Also, thanks for the information.
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:iconalderrancity34:
AlderranCity34 Featured By Owner Jan 27, 2012  Hobbyist General Artist
This.
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:iconoceanatendofthelane:
OceanAtEndofTheLane Featured By Owner Jan 27, 2012
Canada for the win wee! we also have certain laws that allow certain things to be used in an educational setting :) schools will pay a small licensing fee to be able to do and show and give certain things
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:iconkagenoneko-maat:
KageNoNeko-Maat Featured By Owner Jan 27, 2012
Here in the US we have something called fair use, but when I did a paper about it, it felt very merky about what is fair use exactly when I read Free Culture and Freedom of Expression. Both of those two books detailed uses of content that was clearly fair use, but the copyright holder wanted it done in a certain way and such.
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:iconbeefystew:
BeefyStew Featured By Owner Jan 27, 2012  Hobbyist Digital Artist
9/10 of the population is going to jail

The remaining 1/10 is Amish
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:iconiiixii:
IIIXII Featured By Owner Jan 27, 2012
You've said it exactly.
And I know you laced it with humor.

But this is a perfect sum up of it all.
Under the law, almost everyone on the
internet with a tumblr, a FB or a computer
with an image of the internet should be
going to jail right now.

:lol:
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:iconbeefystew:
BeefyStew Featured By Owner Jan 28, 2012  Hobbyist Digital Artist
Oh jeez, thanks xD;
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