11 Copyright Myths11 Copyright Myths

By:By:

Michael ArmstrongMichael Armstrong

What is a copyright?What is a copyright?

• A copyright is the exclusive right to A copyright is the exclusive right to make copies, license, and otherwise make copies, license, and otherwise exploit a literary, musical, or artistic exploit a literary, musical, or artistic work, whether printed, audio, video, work, whether printed, audio, video, etc. (Dictionary.com).etc. (Dictionary.com).

Myth #1 "If it doesn't have a Myth #1 "If it doesn't have a copyright notice, it's not copyright notice, it's not copyrighted."copyrighted."• Berne copyright convention. Berne copyright convention.

– Almost everything created privately and Almost everything created privately and originally after April 1, 1989 in the US is originally after April 1, 1989 in the US is copyrighted and protected whether it copyrighted and protected whether it has a notice or not. has a notice or not.

• You should assume other people's You should assume other people's works are copyrighted and may not works are copyrighted and may not be copied unless given permission.be copied unless given permission.

Myth #2 "If I don't charge for Myth #2 "If I don't charge for it, it's not a violation." it, it's not a violation."

• It's still a violation if you give it away It's still a violation if you give it away

• Keep personal copies personalKeep personal copies personal

Myth #3 "If it's posted to Myth #3 "If it's posted to Usenet it's in the public Usenet it's in the public domain." domain."

• False. Nothing modern and creative False. Nothing modern and creative is in the public domain anymore is in the public domain anymore unless the owner explicitly puts it in unless the owner explicitly puts it in the public domain. the public domain. ExplicitlyExplicitly, as in , as in you have a note from the you have a note from the author/owner saying, "I grant this to author/owner saying, "I grant this to the public domain." the public domain."

Myth #4 "My posting was just Myth #4 "My posting was just fair use!" fair use!"

• Fair use is using another’s work for Fair use is using another’s work for commentary, parody, news commentary, parody, news reporting, research and education reporting, research and education about copyrighted works without the about copyrighted works without the permission of the author. permission of the author.

• Hard to tell what is fair or notHard to tell what is fair or not

Myth #5 "If you don't defend Myth #5 "If you don't defend your copyright you lose it.“ - your copyright you lose it.“ - "Somebody has that name "Somebody has that name copyrighted!" copyrighted!" • False. Copyright is effectively never False. Copyright is effectively never

lost unless explicitly given away. You lost unless explicitly given away. You also cannot copyright a name.also cannot copyright a name.

• Trade MarksTrade Marks

Myth #6 "If I make up my own Myth #6 "If I make up my own stories, but base them on stories, but base them on another work, my new work another work, my new work belongs to me." belongs to me." • Better known as derivative worksBetter known as derivative works

• Since they are based on the original Since they are based on the original creator’s copyrighted material, you creator’s copyrighted material, you need the author’s permissionneed the author’s permission

• Fan fiction is a copyright violationFan fiction is a copyright violation

• Exceptions: Criticism and parodyExceptions: Criticism and parody

Myth #7 "They can't get me, Myth #7 "They can't get me, defendants in court have defendants in court have powerful rights!" powerful rights!"

• "Innocent until proven guilty" and "proof "Innocent until proven guilty" and "proof beyond a reasonable doubt." do not beyond a reasonable doubt." do not applyapply

• If you get sued, its all up the evidence If you get sued, its all up the evidence presented and what the judge or jury presented and what the judge or jury accepts or believes more accepts or believes more

Myth #8 "Oh, so copyright Myth #8 "Oh, so copyright violation isn't a crime or violation isn't a crime or anything?" anything?"

• Most of the time, no.Most of the time, no.

• There are exceptionsThere are exceptions

Myth #9 "It doesn't hurt Myth #9 "It doesn't hurt anybody -- in fact it's free anybody -- in fact it's free advertising." advertising."

• It is all up to the ownersIt is all up to the owners

• Google BooksGoogle Books

Myth #10 "They e-mailed me a Myth #10 "They e-mailed me a copy, so I can post it." copy, so I can post it."

• To have a copy is not to have the To have a copy is not to have the copyright. copyright.

• All the E-mail you write is All the E-mail you write is copyrighted. However, E-mail is not, copyrighted. However, E-mail is not, unless previously agreed, secret.unless previously agreed, secret.

Myth #11 "So I can't ever Myth #11 "So I can't ever reproduce anything?" reproduce anything?"

• It is technically illegal to reproduce It is technically illegal to reproduce almost any new creative work (other almost any new creative work (other than under fair use) without than under fair use) without permission.permission.

• If the work is unregistered and has If the work is unregistered and has no real commercial value, it gets no real commercial value, it gets very little protection. very little protection.

SummarySummary

• Almost all things are copyrighted the Almost all things are copyrighted the moment they are written.moment they are written.

• No copyright notice is required. No copyright notice is required. • Copyright is violated whenever damages Copyright is violated whenever damages

are incurred to the publisher.are incurred to the publisher.• Copyright is violated whether or not you Copyright is violated whether or not you

charged moneycharged money• Postings to the net are not granted to the Postings to the net are not granted to the

public domain.public domain.

Summary (Cont’d)Summary (Cont’d)

• Fair use is a hard to define.Fair use is a hard to define.– Ask yourself why you are republishing what Ask yourself why you are republishing what

you are posting and why you couldn't have just you are posting and why you couldn't have just rewritten it in your own words. rewritten it in your own words.

• Copyright is not lost because you don't Copyright is not lost because you don't defend it; that's a concept from trademark defend it; that's a concept from trademark law. law.

• Fan fiction and other work derived from Fan fiction and other work derived from copyrighted works is a copyright violation. copyrighted works is a copyright violation.

Summary (Cont’d)Summary (Cont’d)• Copyright law is mostly civil law where the Copyright law is mostly civil law where the

special rights of criminal defendants you special rights of criminal defendants you hear so much about don't apply. hear so much about don't apply.

• Always ask for permission to use someone Always ask for permission to use someone else’s workelse’s work

• Posting E-mail is technically a violationPosting E-mail is technically a violation• But for almost all typical E-mail, nobody But for almost all typical E-mail, nobody

could claim any damages from you for could claim any damages from you for posting it. posting it.

• The law doesn't do much to protect works The law doesn't do much to protect works with no commercial value. with no commercial value.

Summary (Cont’d)Summary (Cont’d)

• Use “Copyright [dates] by Use “Copyright [dates] by [author/owner]”[author/owner]”

• Do not use ©Do not use ©

• ““All Rights Reserved” not needed All Rights Reserved” not needed

ReferencesReferences

Templeton, Brad “10 Big Myths about Templeton, Brad “10 Big Myths about copyright explained” copyright explained” Templetons.com Templetons.com Oct. Oct. 2004.2004.<http://www.templetons.com/brad/<http://www.templetons.com/brad/copymyths.html>copymyths.html>

"copyright.""copyright." Dictionary.com Unabridged (v Dictionary.com Unabridged (v 1.0.1)1.0.1). Based on the Random House . Based on the Random House Unabridged Dictionary, © Random House, Unabridged Dictionary, © Random House, Inc. 2006. 10 Oct. 2006. <Dictionary.com Inc. 2006. 10 Oct. 2006. <Dictionary.com http://dictionary.reference.com/browse/copyhttp://dictionary.reference.com/browse/copyright> right>