Everything You Need to Know about Copyright By: Cathryna Brown

What is Copyright? Copyright is the legal exclusive right of the author of a work to control copying of that work.

Myth 1 “If a work doesn’t have a copyright notice, it’s not copyrighted.”

False! Since April 1, 1989 everything created originally in the USA is copyright protected. Copyright notices are not required. Unless explicitly told otherwise, always assume something is copyrighted.

What does a copyright look like? The proper form for a copyright is: “Copyright [dates] by [author/owner].” Note: The word “copyright” may be replaced by ©.

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

False! While charging can affect the damages awarded in court, it is still a violation of copyright even if you give a work away. Exception: Personal copying of music. - does not include Napster, limewire, etc.

Myth 3 “If it’s posted to Usenet it is in the public domain.”

False! Nothing modern/creative is in the public domain unless owner explicitly says “I grant this to the public domain.” Note: If you make something public domain, someone can alter one word and put their name on it.

Myth 4 “My posting was just fair use!”

What is Fair Use? “Fair use enables someone to post their opinion about a work in the form of commentary, parody, research, etc. without the owner’s permission.” Fair use is usually a short excerpt and always attributed Fair use should not harm commercial value

Myth 6 “If I make up my own stories, but base them on another work, my new work belongs to me.”

False! The making of “derivative works” is the exclusive right of the owner of the original work. Example: If you want to publish a story about Jim Kirk and Mr. Spock you need Paramount’s permission.

Exception Criticism and Parody- You are allowed to make fun of Mr. Spock without permission of the owner.

Myth 7 “They can’t get me, defendants in court have powerful rights.”

Copyright law is civil law. You will usually get sued, but not charged with a crime. Note: “Innocent until proven guilty” or “proof beyond a reasonable doubt” do not apply in civil cases. You may also be called upon to testify against yourself.

Myth 8 “Oh, so copyright violation isn’t a crime or anything?”

False! In the 90s a law was passed making commercial copyright violation involving more than 10 copies and valued over $2500 a felony.

Myth 9 “It doesn’t hurt anybody—in fact it’s just free advertising.”

False! The owner must decide if he/she wants free advertising. You cannot assume that he/she does.

Myth 10 “They ed me a copy, so I can post it.”

False! To have a copy doesn’t mean you have the copyright. All the you write is copyrighted, however you can report on s you are sent and reveal what they say.

Myth 11 “So I can’t ever reproduce anything?”

Well… Work that is unregistered or has no real commercial value gets very little protection. Note: Owners may file suit, but in most cases when there is no commercial value owners don’t waste the time. However, technically you can be sued!

Any Questions?