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How To Make The Best Out Of Private Label Rights

September 17th, 2009

Would you believe a person if they told you that it was possible to take another person’s work, change it anyway you please and call the edited material yours?

What if that person also told you that besides being able to do so, you could actually profit from that take action and not be liable for any copyright infringement?

If you haven’t heard of private label rights, then most likely you’d think they were pulling your leg. But everything the above are true if you are able secure these rights.

But what are private label rights?

To understand why private label rights are so special, you need to know about resale and master resale first.

Resale rights are simply permission from the owner of a work (a book, for example) to allow you to take the said material and distribute it for your own profit.

Master resale rights take it a step further and allow you to sell the resale rights to the work. The reason why it is called master resale rights is because it covers a large set of permissible actions to the person who acquires those rights.

Experts would tell you that to get the most of your purchasing of master resale rights, the following list of actions should allow you to:
1. give the material away unaltered
2. combine the material with others
3. give the material away as a bonus item
4. use the material a content for websites
5. divide the product into separate articles
6. put the rights for the material or the material itself up for auction
7. provide the material as content for paid membership sites
8. sell resale rights for the material
9. change or alter the material

Buying the whole set of these rights are great but it can cost you. But there is a way to buy almost everything of these actions and not have to pay as much for master resale rights IF you acquire just the right to change or alter the material, which is exactly what private label rights are.

With these set of rights, you are given permission to change another person’s work. By altering the material, you have made the take steps your own which then allows you to profit from the material anyway you intend to.

Let’s say you were able to acquire private label rights for a particular ebook. What can you do?

For starters, you can break up the book into separate chapters and then sell these as articles. On the other hand, if you were able to acquire private label rights for a set of articles, you could combine them and package it as a book, which you then can sell.

You can change the material’s content by adding or removing details. You can also add pictures or illustrations as well as other media like sound or video clips.

All of these actions are possible but the best part about private label rights is that you are not obligated to mention the original author (or pay them any royalties) for the changes you have done to his or her material. You can claim the material as yours by putting your name as the author of the material.
With these changes, the ways on capitalizing on them are many.

You can come up with a whole new set of products from a single material source. Take an ebook for example. On one hand, you’ve broken up the book to sell them as articles. On the other, you’ve enhanced the book’s content with media to package it as your own work and putting it up for sale on the market.

Acquiring private label rights are great for creating a brand for your business. As you may already know, one of the keys to a successful business is to distinguish yourself from the rest. With private label rights, you can change the material and make it uniquely yours. If your target market likes your material, your market can perceive you as an expert in your line of business, which is something you can really capitalize on as you sell your products or services.

However, it is not only the person who acquires private label rights who stands to benefit from it. It may be difficult to understand at first, but selling private label rights benefits even the original creator.

With the increasing demand for original material to be sold with private label rights, a writer can make good money from his or her work. The incentive is that he or she can command a higher price for the take steps given the rights that go with the material.

Furthermore, selling the right to change the material any way the buyer wants is actually giving new life to the material. By giving the buyer the freedom to change the content in a number of creative ways, the material’s usability sand relevance is extended.

By compensating the original content creator well; by allowing freedom and flexibility for the purchaser; and by giving the end user a wealth of very useful information, private label rights are by far one of the best things out there in the world of online marketing.

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Copyright , ,

What Do You Mean By Copyright?

September 16th, 2009

Copyright is the form of safety provided by laws of United States to authors of the “unique works of authorship” that includes dramatic, musical, literary, creative, and architectural with few other logical works.

This safety is accessible to be published as well as unpublished works.
Material in “public domain” is rational property, which will not come under the copyright laws.
Almost all work prior to 20th Century is not at everything copyrighted. United States Copyright Office has placed together very clear summaries of copyrights.

If you have made some original work, and you have published it online, you are automatically granted the copyright to that particular work. Others might not make use of your take steps apart from very clear rule, established in law, though you did not file for copyright at US Copyright Office. If your work is copied as well as published online by the copyright infringe, then there are some remedies accessible. They are cheap and simple to use. If you wish to recover certain damages against somebody who has dishonored your copyright, you have to register your accomplish with US Copyright Office or if somebody has copied as well as republished your content, plus you want to discontinue their web page from emerging on Google, Yahoo, MSN, and other search engines, or else you want to have their website taken down from the Internet this are good enough in the majority cases.

Internet and Copyright:
“The Internet is characterized as one of the largest dangers to copyright from its inception. Internet is soaked in information, lots of with unstable degrees of copyright security. The copyrighted works on Net comprise of news stories, graphics, pictures, novels, screenplays, software, Usenet text and email. In fact, frightening actuality is that about the whole thing on Net is secluded by the copyright law. That can cause problems for unfortunate surfer.

What is secluded on WWW?
Unique underlying design of the Web page and contents includes original text, audio, video, links, graphics, html, vrml as well as other exclusive markup language series. List of different Web sites compiled by the personal or organization and the whole thing the other unique elements, which make up original nature of a material.

When making a Web page, you will be able to link to some other Web sites you can use free graphics on the Web page. If graphics are not presented as “free,” they must not be copied devoid of permission.

When making a Web page, you will not be able to put contents of some other person’s or groups website on your particular Web page. You can copy and paste information as one from different Internet sources in order to make “your own” article. Slot in other people’s material, like e-mail, in your individual document, without any permission. Also forward someone else e-mail to a different recipient without permission. Change context or edit somebody else’s digital correspondence in such a way that it changes the entire meaning.

Lots of aspects on the issue of copyright as well as Internet have still not determined. This information, should serve as very useful guide in order to help you stay away from violation of the copyright rules and pitfalls of unintentionally plagiarizing somebody else’s material.

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Introduction to digital right management

October 28th, 2008

Introduction Most people have heard of software licensing and pay per view television, but possibly not connected it with a development in technology called Digital Rights Management (DRM). To understand what DRM is trying to achieve you first of all need to understand intellectual property. Intellectual property To understand digital rights you need to remember that books, plays, pictures, films and so on (including this paper) are subject to copyright or intellectual property rights. By international agreements such as the Berne Convention countries recognize these rights and provide a framework that allows copyright holders to have uniform rights in different countries and to be able to enforce them. Whenever you buy a book, hear a modern recording played on television or see a film a payment is being made to the copyright holders of the work. You will find significantly more detail on intellectual property rights (IPR) on the web site http://www.wipo.int/. The site provides a comprehensive information resource about the work of the World Intellectual Property Organization (WIPO). Now intellectual property rights were important in the book and film trades, but television, DVD, computer software and computer games have had such a significant effect on world trade that the World Trade Organization (WTO) has a special section of its activities devoted to dealing with intellectual property rights called Trade-Related aspects of Intellectual Property Rights (TRIPS) and more information on the world negotiations are at http://www.wto.org/english/tratop_e/trips_e/trips_e.htm. You can gather from this that several industries consider intellectual property to a very big deal indeed. Demand for digital rights management So now when we talk about digital rights management we are talking about works of intellectual property that are processed by digital computers (or even analogue ones). There are many many industries producing copyright works that are held on and processed by computers. That includes anything processing cassette tapes, VCR, CD-ROM, DVD, flash cards and so on. There are even laws that create rights in databases as collections of information. The copyright holders (owners) found that the original computer systems, broadcast television and cassette tapes, records and VCR machines made no attempt to stop people from copying their work and even selling it on with the owner getting paid the royalty that IPR law gave them. This started in the late 1980’s, and grew significantly with the introduction of music standards such as MP3 which did not prevent copying, but did make mass market copying very easy. Other owners selling ‘expensive’ works such as financial analyses of companies or markets found that people would purchase one copy and then make copies of it to pass on to their friends for free. When the reports were printed they were photocopied, but making them digital made the copying easier and faster. The IT industry saw a massive opportunity to be able to make significant amounts of money if they could find one or more ways to control what the person who had licensed a digital work (when you buy a book in theory you license it, and the same goes with a picture or a photograph) did with it.

DRM controls as against IT controls Obviously the things that you would want to control were any form of access and use, and particularly to prevent any attempt to remove the controls. So controls often provided are: – reading the item; – number of times; – start and end dates for reading; – printing the item; – at all; – poor quality printing; – number of copies; – altering the item; – changing information content; – removing copyright marks; – copying the item; – making copies others can use; – copying parts of the work; – taking screen dumps as copies; – running the item as a program; – running the item on one computer; – only allowing one user to run the item; – limiting the number of CPUs the item may use. These controls are a long way from the original IT type controls on files which (for those not instantly familiar with them) still are: – read; – write; – append; – delete; – execute. Now as you can see, it’s quite a different list of controls with quite a significant impact. DRM and charging mechanisms When DRM systems first came out there was a strong move to be able to license significant amounts of the information found on the Internet, and to charge for every conceivable use of an item, as well be able to pass on enforceable rights from one rights holder to another. Original owners were also to be recompensed through micro-payments mechanisms that would transfer their proportion due each time an aspect of their work was sold/licensed. This was proposed so that owners would receive an accurate payment for use. Did that make it work? Well, this is where the detail gets a bit more complicated. The only mechanism that computer systems have for enforcing controls when the computer operating system is not in control (which is almost all the time with the Internet) is encryption. If you don’t encrypt (make secret) the thing you are trying to protect then your (lack of) protection mechanism will soon be detected and either all the works you were trying to protect will suddenly become freely available on the web (as happens more often than you might think) or they will be shared amongst private groups of users freely.

Now encryption requires a number of disciplines if it is going to be successful. It also imposes quite an overhead on a system. For instance, whilst the user would not worry about the time it takes to decrypt a file (say a document, spreadsheet, .pdf file) because the amount of information is in reality quite small, but if they are waiting for the decryption of streaming video or voice the heavy encryption currently used can harm performance. Certainly the average DVD would not perform well using a PC to decrypt all its information using, say triple DES. Encryption also requires the control of cryptographic keys. Some people who have installed or re-installed Microsoft Windows will have typed in a long series of letters and numbers (a.k.a. a cryptographic key). But DRM system often require you to be in contact with a server that is monitoring user requests and comparing them with dynamically imposed controls (such as continuing to subscribe to a service). Cryptography allows strong controls, but it also imposes overheads and technical difficulties. The early DRM systems failed simply because they were too expensive for the amount of money they could reasonably collect. This idea of cost may sound rather strange, but the cost of mounting the servers, the processing overhead and the amount of connectivity required to operate those systems was simply too much compared to the amount of money they could realistically collect. Can you make it work? Cryptography can work effectively in a number of situations. But at the moment, micro-payments simply isn’t one of them. Using cryptography to control the actions of a user who has paid a substantial amount of money for the product will work where micro-payments will not. Cryptography will let you control a number of events. But it depends upon how effective your cryptography is. A number of disasters have already overtaken those who either chose to implement poor algorithms or failed to understand that you have to do something significantly better than password protection if you are going to protect something that has significant value for your business. It is not necessary for this paper to do more than state that many of the ‘industry standard’ solutions failed to recognize the real management issues of cryptography and therefore failed to provide the protection that they seemed to claim. Later solutions to DRM implementation have been more successful. Although it is fair to note that right owners need to think through what it is that they are licensing their customers for. And to make sure that their licensing is consistent with current international agreements. (Issues of international rights are the subject of a separate paper.) Moving forwards Decoupling DRM from micro-payments has enabled a more effective control suite to be provided that on the one hand supports industry objectives and on the other hand is acceptable to users. Users were not willing to work on the basis of micro-payments, but are more willing to buy a service that is delivered over a period of time. It seems, from current market feedback, that whilst users do not like restrictions on their ability to share information with others, and to have it locked down to a specific computer, they will accept those kinds of limitations. What they are not happy about are situations where they have to be online to remote servers before they are able to use information that, as far as they are concerned, they have purchased, and should be able to access at any time, and for all time. These requirements are at odds with the ideas of the ‘pay per view’ community from the record and film industries, who see a massive market opportunity if they can charge for each and every use of an item as against having sold it to a customer for permanent use. (In other words they may prefer the model of the DVD/Video shop to that of the customer buying a the item and being able to use it forever thereafter.)

Conclusion DRM offers industry information providers, which include the financial industries, analysts, consultants, programmers (applications, games) database owners and so on, as well as the record and film industries, with significant potential. DRM significantly extends the old IT controls and provides a much finer grained control over the ability of the user to make use of an item. Attempts to link finer grained control to micro-payments controls has not been successful so far, and may prove to be unattainable in the longer term because the cost of operating the mechanism exceeds the possible income per transaction. Speculation that web costs are zero may be correct for the end user, but studies have demonstrated that information service providers actually pay to have their information made available on the web. The correct mechanism to implement DRM will vary significantly with the delivery requirement. Services that require high speed decryption still need to be implemented in hardware if they are to work in an online situation. Realtime services can only be delivered using dedicated hardware, and owners requiring this service should be aware of this limitation.

Copyright , ,

Software piracy is the unauthorized use or distribution of software

January 17th, 2008

BDV-776379-BDV 

What is Software Piracy?

Software piracy is the unauthorized use or distribution of software.

Why shouldn’t I use pirated or pirate software? Who am I hurting?There are several reasons not to use pirated or pirate software.

  1.  
    1. It’s illegal and there is liability on your part. (See Liability for Piracy below)
    2. It’s risky. If the software is from an unauthorized source, you could be getting a program that is not fully functional. Each TopScore Pro® CD-ROM expires on a predetermined date which is unknown to the user. You don’t want an expired product.
    3. There won’t be another version of the software if there is no revenue to put back into research and development. This revenue has made the product affordable to legitimate users.
    4. It isn’t ethical. Or we like to say “doing the right thing when no one is looking.” Understand that this product is introduced at a very affordable price and provides tremendous benefit to preprofessional (predental/preoptometry) students. Ask yourself how you would feel if your life’s work went without compensation? Start now and be an ethical professional.

LIABILITY FOR PIRACYWhat are the fines for being caught with or participating in pirated software?
If sued for civil copyright infringement, the penalty is up to $100,000 per title infringed. If charged with a criminal violation, the fine is up to $250,000 per title infringed and up to five years imprisonment.

The Law in the United States
Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright (ScholarWare) are clearly stated in the Copyright Act, Title 17 of the US Code. The Act gives the owner of the copyright “the exclusive rights” to “reproduce the copyrighted work” and “to distribute copies … of the copyrighted work” (Section 106). It also states that “anyone who violates any of the exclusive rights of the copyright owner … is an infringer of the copyright” (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make “another copy for archival purposes only,” which are specifically provided in the Copyright Act (Section 117). The license accompanying TopScore Pro® does not allow additional copies to be made outside of Title 17; be sure to review our End User License Agreement carefully.
Software creates unique problems for copyright owners because it is easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier’s own use. Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct was in breach of the law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying.It has always been illegal to rent unauthorized copies of software. Concern over the fact that the rental of authorized or “original” software frequently resulted in the creation of pirated software led Congress to enact the Software Rental Amendments Act of 1990 (Public Law 101-650). This law prohibits the rental, leasing, or lending of original copies of any software without the express permission of the copyright owner.

Copyright , , ,

What comes under copyright

December 13th, 2007
  • These days, almost all things are copyrighted the moment they are written, and no copyright notice is required.
  • Copyright is still violated whether you charged money or not, only damages are affected by that.
  • Postings to the net are not granted to the public domain, and don’t grant you any permission to do further copying except perhaps the sort of copying the poster might have expected in the ordinary flow of the net.
  • Fair use is a complex doctrine meant to allow certain valuable social purposes. Ask yourself why you are republishing what you are posting and why you couldn’t have just rewritten it in your own words.
  • Copyright is not lost because you don’t defend it; that’s a concept from trademark law. The ownership of names is also from trademark law, so don’t say somebody has a name copyrighted.
  • Fan fiction and other work derived from copyrighted works is a copyright violation.
  • Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don’t apply. Watch out, however, as new laws are moving copyright violation into the criminal realm.
  • Don’t rationalize that you are helping the copyright holder; often it’s not that hard to ask permission.
  • Posting E-mail is technically a violation, but revealing facts from E-mail you got isn’t, and for almost all typical E-mail, nobody could wring any damages from you for posting it. The law doesn’t do much to protect works with no commercial value.

Copyright , ,

Who can file copyright application

August 3rd, 2007

The following persons are legally entitled to submit an application form:

  • The author. This is either the person who actually created the work or, if the work was made for hire, the employer or other person for whom the work was prepared.

  • The copyright claimant. The copyright claimant is defined in Copyright Office regulations as either the author of the work or a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author. This category includes a person or organization who has obtained by contract the right to claim legal title to the copyright in an application for copyright registration.

  • The owner of exclusive right(s). Under the law, any of the exclusive rights that make up a copyright and any subdivision of them can be transferred and owned separately, even though the transfer may be limited in time or place of effect. Theterm “copyright owner” with respect to any one of the exclusive rights contained in a copyright refers to the owner of that particular right. Any owner of an exclusive right may apply for registration of a claim in the work.

  • The duly authorized agent of such author, other copyright claimant, or owner of exclusive right(s). Any person authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for registration.

Copyright

Effective date of copyright registeration

August 2nd, 2007

A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form, regardless of how long it then takes to process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving.

If you apply for copyright registration, you will not receive an acknowledgment that your application has been received (the Office receives more than 600,000 applications annually), but you can expect:

  • A letter or a telephone call from a Copyright Office staff member if further information is needed or

  • A certificate of registration indicating that the work has been registered, or if the application cannot be accepted, a letter explaining why it has been rejected.

Requests to have certificates available for pickup in the Public Information Office or to have certificates sent by Federal Express or another mail service cannot be honored.

If you want to know the date that the Copyright Office receives your material, send it by registered or certified mail and request a return receipt.

Copyright

Copyright registeration

August 1st, 2007

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

  • Registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
  • If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.”

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

Copyright

*International copyright

July 31st, 2007

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. For further information and a list of countries that maintain copyright relations with the United States, request Circular 38a, International Copyright Relations of the United States.

Copyright

Transfer of copyright

July 31st, 2007

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.

A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.

Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. For information on recordation of transfers and other documents related to copyright, request Circular 12Recordation of Transfers and Other Documents.

Copyright

Form of Notice for Phonorecords of Sound Recordings

July 31st, 2007

The notice for phonorecords embodying a sound recording should contain all the following three elements:

1. The symb l C  (the letter P in a circle); and

2. The year of first publication of the sound recording; and

3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the producer’s name shall be considered a part of the notice.

Copyright

Securing the copyright

July 30th, 2007

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright.  There are, however, certain definite advantages to registration.

Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

Copyright