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Ask Jane Applegate
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January 6, 2000: 2:02 p.m. ET
Beware of copyright infringement, and take control of your company's finances
By Jane Applegate
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NEW YORK (CNNfn) - Here are answers to your questions for CNNfn small-business columnist Jane Applegate:
Dear Jane: Is it legal for me to offer a service to individuals who want to turn their favorite old vinyl records into CDs?
The answer is simple: No.
Music, like most creative work, is fully protected by strict copyright laws. Although you can copy a few songs for yourself from a CD to a cassette tape, or vice versa, under the "fair use” provision of the copyright law, you can’t profit by stealing someone else’s intellectual property.
"You can’t make CDs without permission from the owner of the song and the song publisher,” said Stephen Fishman, a copyright attorney and author of The Copyright Handbook, published by Nolo Press, $29.95, (800) 992-6656.
"If you are doing it for yourself, though, there is no way a publisher could catch you,” Fishman said. "So that would probably be considered fair use.”
Fishman said your concept for producing customized CDs might be a viable small business, but you’ll have to pay for the right to use the songs on your customized CDs.
As a general rule, you should avoid using other people’s work without their permission, except short excerpts in scholarly works or published reviews. If you do quote something, Fishman says "it’s a good idea to attribute it” to the original source.
Fishman’s excellent book spells out the basics of copyright law, including tips for dealing with copyrights in cyberspace.
Here are some tips from Fishman:
- Copyright protects any original creative work that is fixed in a tangible medium. This includes books, films, scripts, paintings, sheet music, recorded music, software code, artwork, sculptures, photos and architectural designs.
- The actual work, not the idea, is protected. Ideas and facts can be used freely -- copyright protects only the expression of the idea, not the idea itself.
- The work is protected from the moment it’s written.
- Authors have exclusive rights over their work.
- If it’s not protected, it’s in the public domain. Any work protected by copyright or over 75 years old is considered in the public domain in the United States.
- It’s a good idea to include a copyright notice on all written works.
· Copyright protects your words online as long as they are your own.
Dear Jane: My New Year’s resolution is to get out of debt and run my business better. Any suggestions?
Managing money is the toughest challenge for any business owner. Keeping the cash flowing is the first priority, but even when your customers and clients pay on time, it seems that too often, your bills may exceed your bank account balance.
If you feel like your finances are out of control, this is the time to make some changes. Some of these suggestions are from the National Center for Financial Education in San Diego. You might want to check out the center's Web site: www.ncfe.org.
Make a list of all your poor spending habits. For example, many people make frequent ATM withdrawals for pocket money and wonder where their money goes every month. Decide where you need the most help and set some saving goals.
Draw up a simple cash flow sheet showing how much money comes in and how much goes out each month. (Your bank statement is a good place to start, but be sure to include petty cash and credit card purchases in your report).
Put away all your credit cards. It sounds drastic, but you may be surprised that you can live without credit cards. If you need a card for business trips, limit yourself to one card.
Collect all your receipts for cash purchases and make notes to remember where and when you spent the money.
If you don’t use coupons, start using them. There are coupons and discounts for more than food products. Check through what you consider "junk” mail for offers. You’ll find all sorts of two-for-one deals and significant discounts on things you need. Take advantage of discounts on rental cars and airfares by being a good shopper.
Begin by saving at least $1 a day, plus all your pocket change. Do it every day and you’ll see how fast it builds up. Deposit the money in your savings account.
Don’t be an impulse shopper. Wait for major items to go on sale. There’s nothing wrong with asking the store manager when he or she plans to put certain items on sale. Look into ordering equipment via mail order. You can save on sales tax by doing it this way in certain states.
If possible, start doing things for yourself that you now pay others to do. This may be the toughest thing, but if you can cut down the number of times you hire a cleaning person or gardener, you can put the money to better use.
Just being fully aware of how you spend your money every day will put you on stronger financial footing.
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