This book was commended to me by a reader who voiced concern about my use of quotes in my online journal (The Soupletter 1993-2003). After reading this book she felt I might be violating the doctrine of "fair use." Author Cheryl Besenjak is a professional with a mission. Her work as a copyright consultant frequently invoked requests for a "good book," on the subject, and unable to find one, she wrote it. She asserts that everyone needs to understand copyright law, particularly we electronically wired folks who can violate that law at the touch of a few keys. Her key message is a reminder that intellectual property is owned every bit as genuinely as real property, and stealing is stealing. I have read at least two other books on the subject, and numerous articles, but have not discovered a clearer, more concise treatment. If you are concerned about your own rights as a creator or your obligations as a user of others' work, this little book contains either your answer or an authoritative reference (for stickier wickets). Besenjak points out that the most nebulous and consequently least understood concept in this arena is "fair use." That is: how much of another person's creation can you utilize without violating their ownership rights? The law and the courts rely on four questions we should each ask ourselves every time we copy someone else's work: "1. What is the purpose and character of the defendant's use? 2. How much of the plaintiff's material is used and how substantial is the use? 3. What is the nature of the use? 4. Does the use have an effect on the existing or potential market of the plaintiff's material?" The answers to these questions are not straightforward, and vary from case to case and courtroom to courtroom. Brief excerpts (such as the one I just used) for purposes of review are generally defensible. But, even here, if the copyright holder (The Permissions Group, in this case) believed that those four points comprise the primary reason a person would buy this book, they could argue and possibly win a judgement that I had damaged their market. As Besenjak advises, "When in doubt, don't." But of course, "Fools rush in..." See you in court!

We are constantly bombarded at work and at home by statements pointing out we are now living in the electronic age and the information age. Several times a day we are reminded of this by notices that something is copyrighted or patented. Even at home, when you relax by inserting a video tape into your VCR, the first thing you may see is a stern warning that you may not copy this video tape and if you do, your home may be suddenly visited by FBI agents.



The copyright industry is no small industry. In 1993 the foreign sales were $45.8 billion and it was second only to the export of automobiles and parts! Also note that by 1995 "more than 26 million works had been registered" and that "In 1995 alone, more than 609,195 claims were registered".



Today at work or play some knowledge of copyright law is vital. To ignore it or to plead ignorance can be very costly. This low cost book is a splendid way to gain some insight into what it is all about. It is written in simple, plain English by an author who deals daily in the copyright field.



Like patent law, the copyright law is based on a specific provision in the United States Constitution, "...by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries..". The copyright laws have been revised and updated several times. Major changes were made in 1909, l976, and it is currently subject to change. The author gives the World Wide Web addresses for up to the minute information and for obtaining copies of the forms necessary to register a copyright.



Most of the general public is hazy as to how copyrights, trade names, and patents ("intellectual property") differ. The author clearly and simply explains how these areas of protection differ. One common misconception is that you can copyright an idea. You cannot. You can copyright how you expressed an idea. Someone else can also copyright how they expressed the very same idea.



Another question often asked is that if I can protect myself just by filling out a form and paying only a $20 fee for registering a copyright, why should I spend thousands of dollars on a patent? Again, you must recognize the differences in the areas you are seeking to protect. Your copyright protects your particular form of "expression" that resulted in a book, poem, music, sculpture, movie, letter, email or other printed. sound, or visual art. Whereas a patent covers "how to", by means of a process, or composition, or machine.

Copyrights can often be bypassed by changing the words used, varying the plot, et cetera. A patent, if properly written, is far more difficult to bypass.



The chapter on "Copyright in the Electronics Age" covers the changes and proposals for changes in copyright law with regard to "software, Web sites, video games, and CD-ROMs". The author stresses the importance of being aware that with email "the copyright remains with the author of the message" and that "The recipient does not have the right to copy, publish, or otherwise distribute the contents without permission".



Suppose that you discover a competitor has copied your photo or other material? The chapter on "Protecting Yourself From Infringement" details what you need to prove it, how you can resolve it yourself (a sample "cease and desist" letter is given), and what is involved if you must take it to court.



Consideration is made as to how you can legally use or adapt copyrighted material by paraphrasing, using matter in the public domain, and just how to go about getting permission when necessary.



Appendix A gives an up to date list of copyright resources including books on copyright law, newsletters, organizations, rights clearance companies, and web sites. Appendix B gives sample letters and contracts. Appendix C gives selected copyright law statues.



Whether we like it or not, the United States and the rest of the world is increasingly becoming a legal swamp. Reading this little book (191 pages) will give you a basic understanding of the copyright area. It is far less costly to avoid stepping into quicksand than extricating yourself afterwards.

We are constantly bombarded at work and at home by statements pointing out we are now living in the electronic age and the information age. Several times a day we are reminded of this by notices that something is copyrighted or patented. Even at home, when you relax by inserting a video tape into your VCR, the first thing you may see is a stern warning that you may not copy this video tape and if you do, your home may be suddenly visited by FBI agents.

The copyright industry is no small industry. In 1993 the foreign sales were $45.8 billion and it was second only to the export of automobiles and parts! Also note that by 1995 "more than 26 million works had been registered" and that "In 1995 alone, more than 609,195 claims were registered".

Today at work or play some knowledge of copyright law is vital. To ignore it or to plead ignorance can be very costly. This low cost book is a splendid way to gain some insight into what it is all about. It is written in simple, plain English by an author who deals daily in the copyright field.

Like patent law, the copyright law is based on a specific provision in the United States Constitution, "...by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries..". The copyright laws have been revised and updated several times. Major changes were made in 1909, l976, and it is currently subject to change. The author gives the World Wide Web addresses for up to the minute information and for obtaining copies of the forms necessary to register a copyright.

Most of the general public is hazy as to how copyrights, trade names, and patents ("intellectual property") differ. The author clearly and simply explains how these areas of protection differ. One common misconception is that you can copyright an idea. You cannot. You can copyright how you expressed an idea. Someone else can also copyright how they expressed the very same idea.

Another question often asked is that if I can protect myself just by filling out a form and paying only a $20 fee for registering a copyright, why should I spend thousands of dollars on a patent? Again, you must recognize the differences in the areas you are seeking to protect. Your copyright protects your particular form of "expression" that resulted in a book, poem, music, sculpture, movie, letter, email or other printed. sound, or visual art. Whereas a patent covers "how to", by means of a process, or composition, or machine.
Copyrights can often be bypassed by changing the words used, varying the plot, et cetera. A patent, if properly written, is far more difficult to bypass.

The chapter on "Copyright in the Electronics Age" covers the changes and proposals for changes in copyright law with regard to "software, Web sites, video games, and CD-ROMs". The author stresses the importance of being aware that with email "the copyright remains with the author of the message" and that "The recipient does not have the right to copy, publish, or otherwise distribute the contents without permission".

Suppose that you discover a competitor has copied your photo or other material? The chapter on "Protecting Yourself From Infringement" details what you need to prove it, how you can resolve it yourself (a sample "cease and desist" letter is given), and what is involved if you must take it to court.

Consideration is made as to how you can legally use or adapt copyrighted material by paraphrasing, using matter in the public domain, and just how to go about getting permission when necessary.

Appendix A gives an up to date list of copyright resources including books on copyright law, newsletters, organizations, rights clearance companies, and web sites. Appendix B gives sample letters and contracts. Appendix C gives selected copyright law statues.

Whether we like it or not, the United States and the rest of the world is increasingly becoming a legal swamp. Reading this little book (191 pages) will give you a basic understanding of the copyright area. It is far less costly to avoid stepping into quicksand than extricating yourself afterwards.

Don't mistake this book for one of those dry, dusty, `just the facts, ma'am' reference volumes. Cheryl Besenjak's delightfully written, fascinating guide to copyright outshines many other books that merely list rules and regulations when they address aspects of the law. Besenjak brings the beauty of copyright to life, providing plenty of examples. She draws you into her subject with a chatty, yet authoritative voice. This second edition includes an up-to-date look at copyright protection and copyright infringement as it relates to the Internet and other rapidly changing technologies. We recommend this book to anyone who deals with written matter or intellectual property. Our work is copyrighted. Is yours?

Besenjak's revised ed. is like the first--well-organized and concise. She takes a complex subject and makes it as clear and simple as possible with plenty of examples. She provides background history and explains the "whys" in everyday language. The book is current with the latest changes in the law, as well.

Given the the complex,and ambiguous nature of copyright, publishers and serious writers should a have number of copyright law books in their library. Besenjak rates highly as an understandable introduction. If you could read only one introductory book on copyright, read this one.