Understanding Copyright Law: What You Should Never Do

Breaking copyright law can have serious consequences, from hefty fines to jail time. Copyright law protects the form of creative works and ideas, and it comes into existence as soon as an original piece of work is created. This means that anything from a song to an article is protected by law as soon as it is created. In the UK, copyright law is defined in the Copyright Designs and Patents Act 1988 (CDPA), which outlines primary and secondary copyright infringements. Primary infringements include copying, issuing copies, renting, performing, communicating, and adapting copyrighted work. Secondary infringements include importing, possessing, selling, and distributing copyrighted work. Breaking copyright law can result in civil or criminal penalties, with criminal offences carrying a maximum penalty of ten years' imprisonment and/or an unlimited fine. To avoid breaking copyright law, it is important to assume that all copyrighted material is protected and to obtain a licence before using any content for commercial or social media purposes.

Using images, videos, or audio without permission

Every image, video, or audio clip is copyrighted as soon as it is created, and it is up to the user to determine whether they have the legal right to use it. This means that if you want to use an image, video, or audio clip that someone else created, you need to get permission from the copyright owner. The copyright owner has the right to control how their work is copied, distributed, rented, adapted, or broadcast.

There are a few ways to use someone else's copyrighted material without explicit permission:

• Public domain: Works in the public domain are not subject to copyright and may be used without permission. A work is typically in the public domain if its copyright term has ended or if the copyright holder has placed it in the public domain.
• Public-licensed works: A public license permits certain uses of copyrighted materials by the public, without needing to seek additional permission from the copyright holder. However, you must still follow the license terms, which may include attribution or forbidding commercial use.
• Fair use: Fair use is a legal principle that allows limited use of copyrighted work without permission, in certain cases such as commentary, criticism, news reporting, educational purposes, or parody. However, fair use is very nuanced and can be difficult to rely on as a defence.

It is important to note that using images, videos, or audio without permission can have serious consequences, including legal action, fines, and even imprisonment. Therefore, it is always best to seek permission directly from the copyright owner or use images, videos, or audio that are licensed for your specific intended use.

Copying code

However, there are some defences to copyright infringement claims. One is the "scenes a faire" or "merger" doctrine, which states that certain elements of a work are not protected by copyright because they are standard or common to a particular genre. In the context of code, this could include standard functions or routines that are essential to performing a particular task. Another defence is "fair use", which allows limited use of copyrighted material for research, teaching, criticism, review, or quotation.

The consequences of copyright infringement can be serious. In addition to civil liability, including damages and injunctions, copyright infringement can also be a criminal offence, with potential penalties including fines and imprisonment. Therefore, it is important to obtain permission from the copyright owner or ensure that your use falls within one of the exceptions to copyright infringement.

To avoid copyright infringement when using code, it is essential to obtain a licence or permission from the copyright owner. This may involve purchasing a licence from a reputable source or commissioning custom code from a developer. Additionally, businesses should implement processes and policies to ensure compliance with copyright law and provide education and training to staff on the importance of respecting IP rights.

Failing to attribute a source

Copyright infringement occurs when someone fails to get permission to use a work. This includes reproducing, distributing, or publicly performing a copyrighted work without permission. It also includes adapting or changing the work, distributing it for free or for sale, renting or lending it, or putting it on the internet.

It's important to note that plagiarism and copyright infringement are not always mutually exclusive. For example, if you take a copyrighted work and claim it as your original work, it is both copyright infringement and plagiarism. Additionally, if you take a portion of a copyrighted work, change it, and insert it into your work without attribution, you are plagiarizing and may also be infringing on the copyright, depending on how much of the work you use.

To avoid failing to attribute a source and potentially committing copyright infringement, it is crucial to properly cite your sources. This includes acknowledging direct quotations, ideas from other sources (whether paraphrased or summarized), and facts that are not considered common knowledge. When in doubt, it is always best to cite your sources.

Not understanding public domain laws

There are four common ways that works enter the public domain:

• The copyright has expired: In the UK, most creative output is protected for the life of the author plus 70 years. In the US, copyright expires 95 years after publication for books published between 1930 and 1978.
• The copyright owner failed to follow copyright renewal rules: For works published before 1964, the owner had to renew the copyright during the 28th year after publication.
• The copyright owner deliberately places it in the public domain: This is known as 'dedication'.
• Copyright law does not protect this type of work: For example, short phrases, names, titles, facts, ideas, or theories are not protected by copyright law.

It's important to note that while individual works may be in the public domain, a collection of public domain works may be protected by copyright if the person who compiled it used creativity in their choices and organisation of the material.

Additionally, public domain laws vary by country and jurisdiction, so a work may be subject to rights in one country but be in the public domain in another. For example, in the US, items excluded from copyright include the formulae of Newtonian physics and cooking recipes, while in the UK, there is a perpetual crown copyright for the Authorized King James Version of the Bible.

Understanding public domain laws is crucial to avoid copyright infringement, as using creative works without permission can result in large fines and even imprisonment.

Assuming something is not copyrighted because it's on the internet

Assuming that something is not copyrighted simply because it is on the internet is a common misconception. Copyright protection exists as soon as an original piece of work is created and fixed in a tangible form. This means that anything from a song or a photo to an article or a design is protected by copyright law, even if it is not explicitly stated.

Copyright law grants the creator of an original work exclusive rights, including the right to reproduce, distribute, and adapt their work. This means that unless you have the creator's permission, using their work without authorisation is copyright infringement. This applies to both published and unpublished works, and there is no need for the creator to explicitly state that their work is copyrighted.

It is important to understand that copyright law protects the expression of ideas, rather than the ideas themselves. For example, copyright can cover literary, dramatic, musical, or artistic works, as well as sound recordings, films, broadcasts, and the arrangement of published editions.

The consequences of copyright infringement can be serious, including civil and criminal liability. Civil infringement may result in court action and damages, while criminal infringement can lead to fines, damages, and even imprisonment. Therefore, it is essential to assume that all material created by someone else is protected by copyright and to seek permission before using it.

To avoid copyright infringement, you can obtain a licence to use the material or ensure that your use falls under the "fair use" doctrine, which allows limited use of copyrighted material for purposes such as criticism, commentary, news reporting, and research. However, assuming that something is not copyrighted just because it is easily accessible online is a risky assumption that could lead to legal consequences.

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