10 Big Myths About Copyright Explained Article by: Brad Templeton Presentation: James Brown

What the article tries to do Attempts to answer common myths regarding copyright issues related to USENET and the Internet Attempts to answer common myths regarding copyright issues related to USENET and the Internet Actually answers 11 myths Actually answers 11 myths

Copyright Legal exclusive right granted to a creator of a work to control copying of that work Legal exclusive right granted to a creator of a work to control copying of that work Indicated by a copyright notice Indicated by a copyright notice Copyright [date] by [author] Copyright [date] by [author] Copyright can be replaced by © Copyright can be replaced by ©

“If it doesn’t have a copyright notice, it’s not copyrighted” Was true until Berne convention was adopted April 1, 1989 Was true until Berne convention was adopted April 1, 1989 All works copyrighted with or without notice All works copyrighted with or without notice Notices strengthen copyright Notices strengthen copyright Always assume a work is copyrighted Always assume a work is copyrighted Also applies to pictures and other media Also applies to pictures and other media

“If I don’t charge for it, it’s not a violation” Can still be serious monetary damages Can still be serious monetary damages There is an exception for personal use of music There is an exception for personal use of music Fair use determinations sometimes depend on money Fair use determinations sometimes depend on money

“If it is posted to USENET it is in the public domain” Nothing is in the public domain unless the owner explicitly puts it there Nothing is in the public domain unless the owner explicitly puts it there Arguments can be made that by posting on USENET/internet the author is implicitly granting permission for use Arguments can be made that by posting on USENET/internet the author is implicitly granting permission for use This assumes the poster had the right to post the material This assumes the poster had the right to post the material Can not make a work on partly public domain Can not make a work on partly public domain

“My posting was in fair use” Fair use exemption was created to allow commentary, parody, news reporting, education and research without author’s permission Fair use exemption was created to allow commentary, parody, news reporting, education and research without author’s permission Important so copyright does not restrict your freedom to express your ideas Important so copyright does not restrict your freedom to express your ideas Usually a short excerpt Usually a short excerpt Almost always attributed Almost always attributed Should not damage the commercial value of original Should not damage the commercial value of original

“If you don’t defend your copyright you lose it” Copyright can not be lost, only given away Copyright can not be lost, only given away Can not copyright a name Can not copyright a name Trademarks apply to name Trademarks apply to name Trademarks can be lost or weakened if undefended Trademarks can be lost or weakened if undefended

“If I make up my own stories, but base them on another work, my new work belongs to me Derivative works are exclusive property of original author Derivative works are exclusive property of original author Need author’s permission Need author’s permission Criticism and parody are the major exception Criticism and parody are the major exception

“They can’t get me, defendants have powerful rights” Copyright law is mostly civil Copyright law is mostly civil Different burden of proof Different burden of proof

Oh, so copyright isn’t a crime or anything Recent changes have made copyright a potential felony Recent changes have made copyright a potential felony

“It doesn’t hurt anybody, in fact it’s free advertising” It is up to the copyright holder to decide whether they want free advertising It is up to the copyright holder to decide whether they want free advertising

“They ed me a copy, so I can post it” To have a copy is not to have copyright To have a copy is not to have copyright is not a secret correspondence, can be posted is not a secret correspondence, can be posted Has virtually no commercial value Has virtually no commercial value

“So I can’t reproduce anything?” Copyright is not an ironclad lock on what can be published Copyright is not an ironclad lock on what can be published Authors have a right to control publishing Authors have a right to control publishing Always ask permission Always ask permission

Summary All works are copyrighted the moment they are written All works are copyrighted the moment they are written Violated whether or not money is sought Violated whether or not money is sought Postings to the internet are not granted public domain Postings to the internet are not granted public domain Fair use is complex, designed for various social uses Fair use is complex, designed for various social uses Not lost if undefended Not lost if undefended Derived works are a violation Derived works are a violation Mostly a civil offense Mostly a civil offense Posting is a violation, but the law does little to protect works with no commercial value Posting is a violation, but the law does little to protect works with no commercial value

DMCA Digital Millennium Copyright Act Digital Millennium Copyright Act Passed in 1998 Passed in 1998 Increased legal strength behind copy protection systems Increased legal strength behind copy protection systems

Questions or comments?