Definition of copyrighted material

File-sharing: The American way  February 1, 2016 – 06:41 am
In fact, by the beginning of

Fredrik at Crooked Moon writes, in a disillusioned, very critical way, about American influences on “IP” (I myself have a problem with that abbreviation) law and the politics of file-sharing in Sweden. He notes how connecting file-sharing with terrorism has been a cunning rhetorical tactic among corporate hard-liners and DRM advocates. However, using questionable methods themselves (remember the Sony rootkit conundrum and note the current rumour that AT&T forwards all Internet traffic to the panopticon-like National Security Agency), the credibility of these corporate actors would pale by comparison.

What is most worrying with the US [...] is the fact that private organizations to a very large part control the decision-making. NRA is a good example. Another one is the RIAA, which was integral to the DMCA, which they now want to revise [and make even harsher]. Amongst other things, they would like to see file-sharing of software leading to potentially 10 years in jail (20 if repeated), and allow bugging in legal investigations of file-sharing, something which should raise some thoughts also in Sweden,

Source: liquid culture

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Regarding work created by an independent contractor (someone who is not an employee), the work may still be a work for hire, but the definition is much harder to meet. In order for the work of an independent contractor to be a work made for hire, the following facts must exist:
* the work must be specially ordered or commissioned;
* the work must come within one of the nine categorie...act of offering the copyrighted material for sale. Does your contract give you permission to publish or sell their copyrighted material? Does your contract deal with ownership of the copyright in the event of non-payment? Does the contract stipulate a lien exists on the work until payment is made?
If you do not have license to sell their material, then you could be in trouble if you do so.

Continuesd...

S. 968 provides a narrower definition of a website “dedicated to
infringing activities” than the Combating Online Infringement
and Counterfeits Act. In addition, while the PROTECT IP Act would
authorize the Attorney General and rights holders to bring actions
against online infringers operating a rogue website or domain, the
remedies are limited to block...tors and businesses of revenue and
result in the loss of American jobs. In addition, these websites
present a public health concern when they sell counterfeit,
adulterated, or misbranded pharmaceutical products.
I will keep your views in mind as the Senate considers this issue in
the coming months.
Sincerely,
Richard J. Durbin
United States Senator

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