You are on page 1of 43

What does copyright mean?

C
Copyright is a protection that covers published and unpublished
literary, scientific and artistic works.

C
This means that if you can see it, hear it and/or touch it - it may be
protected.

C
If it is an essay, a play, a song, an original dance move, a
photograph, an illustration, a painting or a computer graphic that
can be set on paper it may be protected.

C
Copyright laws grant the creator the exclusive right to reproduce,
distribute, perform and display the work publicly.
Exclusive means only the creator of such work, not anybody who
has access to it and decides to grab it.

C
When does Copyright Protection begin, and what is
required ?

C
Copyright protection begins when art forms described is actually
created and fixed in a tangible form.

C
Example- When someone is a musician and lives the US.
If this musician writes new lyrics, prints them out on paper, signs
their name at the bottom with the copyright symbol to show that
they are the author, and place it in an envelope to mail it to
themselves without opening it.
A date of creation has been established, but the work its self is still
not copyright protected.

C
Copyrighting something begins at the moment a piece is registered
at the US Copyright Protection Office.

The musician created proof of creation, but this does not protect
him farther down the line. It will not stand up in court unless it is
registered.

C
It is then smart to register a copyright with the U.S.
Copyright Office.
This is a requirement in order to sue for damages should a
violation of their copyright arise.

C
Is it illegal to place the copyright symbol next to your
name if you have not registered your copyright?

C
Unless you have stolen the work from someone and you are not
the true author of the work, it is not illegal to place the copyright
symbol next to your name.
It is your right to do so.

C
The proper way to place a copyright notice is as follows:
Copyright symbol, first date of creation, and name of owner.
Like this: ©, 2002 Belle Mellor

C
When does Copyright Protection end, or expire?

C
Copyright is not going to expire until at least fifty years after
someone dies (this period may be greater).
Different countries have different policies on this.

C
If a copyright statement reads, “© 1998, 1999 Belle Mellor.”

Does that mean that Belle Mellor’s copyright


expired in 1999?

C
The dates that you see in a copyright statement doesn’t refer to
the dates that the owner’s material will expire and become public
domain.
They actually refer to the dates that the material was created.

C
Copyright and the internet.

C
Public domain, not!
When visiting a website, it is so easy to click and save to your
desktop.

C
The general (and incorrect) notion is that anything that is on the
internet is public domain and may be taken without permission
from the creator/owner.

C
This same principle applies to works published on the internet-
Just because your driveway is not inside of your house, is it in the
public domain?

Does that give anybody off the street the right


to stay on your driveway without permission,
even if they can see it from the street, or
easily access it?

Of course not!

C
“Free” web graphics images provided by “free” graphic sites are
not even public domain.
You are allowed to use these images, but they are never to owned
by you.
Make sure you follow their terms and agreements.

C
What if you translate something on the internet into another language.

Can you call it your own then?

C
You need permission to translate the page into another language.
Keep in mind that translating a page that already exists is not
“new” work.

C
Eight big myths about copyright explained…

C
1) “If it doesn’t have a copyright notice, it’s not copyrighted.”
False- This was true in the past, but not today. Most places go by,
what is created privately and originally.

C
2) “If I don’t charge for it, it’s not a violation.”

False- If you charged something or not can affect the damages


awarded in court, but that’s main difference under the law.

C
3) “If it’s posted to internet it’s in the public domain.”
False- Nothing modern is in the public domain anymore unless
the owner explicitly labels it as public domain.

C
4) “If you don’t defend your copyright you lose it.”
False- Copyright is effectively never lost these days, unless
explicitly given away.

C
5) “If I make up my own stories, but base them on another work,
my new work belongs to me.”
False- U.S. Copyright law is quite explicit that the making of what
are called “derivative works.”
Derivative works- Works based or derived from another
copyrighted work.

C
6) “They can’t get me, defendants in court have powerful rights!”

False- Copyright law is mostly civil law. If you violate copyright


you would usually get sued, not be charged with a crime.

C
7) “It doesn’t hurt anybody--in fact it’s free advertising.”

False- It’s up to the owner to decide if they want the free ads or
not. If they want them, they will be sure to contact you.

Don’t rationalize whether it hurts the owner or not, ask them.

C
8) “They e-mailed me a copy, so I can post it.”
False- To have a copy is not to have a copyright.

C
Limits to Copyright…

C
Copyright does not give the owner the right to sell or distribute a
work. For example, consider one person’s drawing of another’s
painting.

The drawing would infringe copyright in the original painting.

C
Fair Use. Partial or limited reproduction of another’s work may be
permitted under the fair use doctrine.

This doctrine is especially liberal where the use advances public


interests such as education or scholarship.

C
Expression, not Ideas, are Protected.

C
Basically, what it means is that the author of a book has protection
for her words, but not for the basic plot…
or a photographer has protection from duplication of his picture of
a tree, but not from other people taking pictures of trees or even
the same tree.

C
Utilitarian, Three-Dimensional Works
are Excluded.

C
A drawing or photo of a piggy bank, urn, vases are all ok.
Copying a free standing sculpture is not ok.

C
Want to get a body of work copyright protected?

C
Go to www.copyright.gov for more information.

C
Watch: https://youtu.be/tSk84zU1RuM.

You might also like