Cecily Zamora
Copyright infringement is a serious issue that can lead to civil and criminal penalties. It occurs when someone uses, copies, displays, repurposes, or recreates someone else's original creative work without their permission. To avoid breaking copyright law, it is essential to understand what copyright laws protect and familiarize yourself with relevant legislation, such as the U.S. Copyright Act of 1970 and the Berne Convention regulations. Always seek express permission from the owner, creator, or holder of the copyrighted material, and remember that just because something is available for free online, it does not mean you have the right to reuse or reproduce it. Additionally, consider registering your creative works with the help of an attorney to protect yourself from infringement and pursue legal action if needed.
| Characteristics | Values |
|---|---|
| Permission | Obtain permission from the owner, creator, or holder of the copyrighted material |
| Creative work | Do not use, copy, display, repurpose, or recreate someone else's original creative work without permission |
| Copyrighted work | Do not use copyrighted work without authorization |
| Registration | Register your creative works with an attorney or the U.S. Copyright Office |
| Fair use | Understand the "fair use" doctrine and use un-copyrighted, public domain material |
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What You'll Learn
Understand what copyright laws protect
Copyright laws protect original works of authorship that are fixed in a tangible medium of expression. This includes creative works such as paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, movies, architectural works, and plays. Copyright protection extends to the specific expression of ideas, but not to the ideas themselves. For example, a recipe or formula accompanied by literary explanations or directions can be copyrighted, but the ingredients themselves cannot be copyrighted.
Copyright protection is automatic and arises as soon as the work is created and fixed in a tangible form. This means that the work must be captured or recorded in a sufficiently permanent medium, such as writing it down, so that it can be perceived, reproduced, or communicated for more than a short time. However, registering the work with the help of an attorney can provide additional protection and make it easier to pursue infringement claims.
The length of copyright protection depends on when the work was created. For works created on or after January 1, 1978, the copyright term is the life of the author plus seventy years after their death. For joint works, the term is seventy years after the last surviving author's death. Works made for hire, as well as anonymous or pseudonymous works, have a copyright term of 95 years from publication or 120 years from creation, whichever comes first.
It is important to note that copyright law requires express permission from the owner, creator, or holder of the copyrighted material before using or modifying their work. This includes any work found on the internet, as most online content, such as blogs, literary works, and artistic works, is automatically copyrighted by default.
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Register your creative works
Registering your creative works is an important step in protecting your intellectual property rights and avoiding copyright infringement. While it is not mandatory to register a copyright for your work, doing so comes with several benefits. Firstly, registering your work creates a public record of your copyright ownership. This serves as evidence of your rights over the material, making it easier to pursue legal action in case of infringement. Registered works may also be eligible for statutory damages and attorney's fees in successful litigation.
The registration process typically involves filling out an online application form on the website of your country's copyright office. In the United States, for example, the Electronic Copyright Office (eCO) Registration System is the official portal for registering copyrights. The application process usually requires you to provide specific information about your work, including its title, the type of work it is (e.g., literary, artistic, musical, etc.), and the date of its creation.
It's important to note that there may be different application forms for different types of creative works. For instance, there are specific forms for registering a collection of unpublished works or published updates to a news website. The cost of registering a copyright can vary depending on the type of application, typically ranging from $35 to $55 in the US. The processing time for receiving a certificate of registration can take around 5 months on average.
While registering your creative works is a crucial step, it's also essential to understand what copyright laws protect. Copyright laws are designed to prevent others from copying, publishing, transmitting, exhibiting, distributing, or modifying your original work without your permission. By familiarizing yourself with these laws, you can better protect your work and avoid inadvertently infringing on the copyrights of others.
In addition to registering your creative works, there are other steps you can take to further protect your intellectual property rights. For instance, you can use copyright notices or symbols on your work to clearly indicate your ownership. You can also license your work, granting others permission to use it under specific terms and conditions that you define. By taking proactive measures to protect your work, you can avoid potential legal issues and ensure that your creative contributions are rightfully recognized and rewarded.
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Get permission from the owner
The golden rule of copyright law is to obtain express permission from the owner, creator, or holder of the copyrighted material. This is true even when there is no copyright symbol associated with a work. The first step in getting permission is to identify the owner, which can sometimes be as simple as looking at the copyright notice on the work. For example, if the notice reads "Copyright 1998, Jones Publishing," you would start by finding the Jones Publishing company. However, copyright ownership may have changed hands since the work was published, so more detailed research may be required. Works of fiction usually list the author as the copyright owner, but it is still wise to begin with the publisher. Larger publishers may have separate copyright permission officers or departments, so it is worth checking their website for information on how to obtain permission.
Once you have identified the owner, you need to specify the rights you need. Each copyright owner controls a bundle of rights related to the work, including the right to reproduce, distribute, and modify the work. Being explicit and precise about your intended use is key to making a good request. For example, you should explain exactly what part of the work you wish to use, such as page numbers or elapsed time in a video. You should also describe the nature of your project, how you intend to use the work, and how long you intend to use it for. For printed works, it is important to specify the territory in which the work will be used.
The length of time for which you are allowed to use a work is often referred to as the "term." Your rights under a permission agreement will often be limited in duration. For example, you might only obtain a "one-time use" license, or the copyright owner may limit your use to a certain period. Sometimes, an agreement may state that rights are granted "in perpetuity," meaning there are no time limits.
If the work is self-published or from a blog or website, you should send your request directly to the webmaster, blog owner, or author. It is important to be persistent and diligent in your efforts to contact the owner. If you later need to proceed without the owner's permission, documentation of your good-faith attempts to obtain it could be helpful.
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Avoid using copyrighted content without consent
Copyright laws are some of the easiest intellectual property laws to violate, and it can happen both intentionally and unintentionally. The golden rule to follow is to always obtain express permission from the owner, creator, or holder of the copyrighted material. Unless you are the original creator of the work, you are not allowed to use it. This is true even when there is no copyright symbol associated with a work.
It is important to understand what copyright laws protect. In the U.S., any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation. This means that anything you see or read on the internet has been copyrighted by default, and you cannot use it without permission.
To avoid using copyrighted content without consent, you can purchase copyrighted works online through authorized services. This includes music, ebooks, and motion pictures. By purchasing these works, you can avoid the risks of infringement liability and exposure to other potential risks, such as viruses or spyware.
If you know who the copyright owner is, you may contact them directly to ask for permission. If you are unsure about the ownership, you can request that the Copyright Office conduct a search of its records, or you may search yourself. In the U.S., copyright registrations made and documents recorded from 1978 onwards are available for searching online.
It is important to note that giving credit and fair use are separate concepts. Fair use is an important defense that sometimes applies to claims of copyright infringement. It allows for limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, the purpose and character of your intended use of the material are the most important factors in determining whether a use is fair.
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Purchase copyrighted works online
Copyright laws are some of the easiest intellectual property laws to violate, so it's important to familiarise yourself with the relevant regulations. In the U.S., this includes the Copyright Act of 1970 and the Berne Convention regulations. The key principle is that, if it's not your original work, don't use it without the owner's permission.
When it comes to purchasing copyrighted works online, there are many "authorized" services that allow consumers to do so safely and legally. These include services for purchasing music, ebooks, and motion pictures. By using these services, consumers can avoid the risks associated with peer-to-peer networks, such as copyright infringement liability, viruses, unexpected material, and spyware.
It's important to note that simply purchasing a copyrighted work does not give you the right to redistribute it. For example, if you buy a digital copy of a movie, you might be able to sell that copy or give it to a friend, but you don't have the right to publicly share that content with the entire internet.
In some cases, copyrighted works can be used without permission under the "fair use" doctrine. This typically applies to uses such as criticism, commentary, news reporting, teaching, scholarship, or research. However, this does not give you the right to redistribute the work without permission. If you're unsure, it's always best to consult a lawyer.
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Frequently asked questions
Copyright infringement occurs when someone uses, copies, displays, repurposes, or recreates someone else’s original creative work without obtaining permission from the owner.
Some common forms of copyright infringement include reusing copyrighted designs or images on a website or social media, adding your original material to copyrighted content, and receiving copyrighted material from someone other than the copyright owner.
To avoid copyright infringement, always obtain express permission from the owner, creator, or holder of the copyrighted material. Understand what copyright laws protect and familiarize yourself with relevant regulations such as the U.S. Copyright Act of 1970 and the Berne Convention.
Use content licensed with Creative Commons agreements, un-copyrighted public domain material, or purchase copyrighted works through authorized services.
As the copyright owner, you can send a Copyright Infringement Notice to the offending party. If that doesn't succeed, you may proceed with a civil lawsuit against the infringing party.
