1. If something is found on the internet it can be used freely
False, if something is pulled from the internet it enjoys the same protections that any other literary work would enjoy. This means that without the author's specific permission the work may not be used in whole or in part. Even if the article is posted on a site denoted as a public domain site it does not mean that the article may be pulled and used.
2. If you aren't making money it does not violate copyright laws
False, it does not matter if you stand to make a profit from the exploitation of someone else's work. Whether or not you stand to make a profit it is the right of the original author to give permission or not regarding their creation.
3. If something isn't registered with the copyright office it isn't copyrighted
Technically false. The standards of the Berne copyright convention makes any original work copyrighted upon it's creation. There are certain advantages to having your work registered with the copyright office. It is far easier to prove the date of the creation of your work if you have the dated paperwork from the copyright process. This does not mean that if a work is not registered with the copyright office it is fair game and cannot be proven.
4. I am free to use something because it is “Fair Use”
It depends on what you are trying to do. Fair Use was designed to allow for commentary, satire and criticism. This means that you can directly quote from someone's work if the use of the quote is to provide your opinion on the work. Fair use also allows for individual to spoof on someone else's work and allows for similarities between two individual works.
5. I am free to make my own work based of off someone else's work
False, copyright protection strictly forbids “derivative works” and allows only the original author to create a derivative version of his/her own work.
6. I only copied part of an article so I am fine
False, the only reason that you can directly copy any part of an original work into you work is under the fair use guidelines. This means quoting directly into your article is permissible if you are making a commentary on the original work. When doing this it is best to give the original creator credit and not to use anymore of the original work than is necessary to make your commentary.
7. It wasn't marked copyright so it is part of the public domain
False, according to the Berne copyright convention copyright occurs when the original work is created and cannot be used without the express permission of the creator. Public Domain refers to works that have expired copyrights, which vary from work to work. Public domain generally refers to works created prior to 1928. Any work created after 1928 and before 1963 it has an automatic copyright of 28 years, which can be renewed for a total of 67 years. From 1964 to 1977 it has a copyright for 95 years from date of creation. From 1978 to present day the copyrights start at 70 years from the date of creation and will expire depending on the death of the author.
8. One of my employees created it so I am the copyright owner
Not necessarily, you are only the copyright owner if the work was made for hire. One of your employees can create a work and it would not be necessarily yours unless it can be proven to be a work made for hire. In other words there needs to be a work made for hire contract or the work can be shown to have been made in the course of employment specifically at your request.
9. Violating a copyright isn't really illegal
False, depending on the seriousness of the infringement and whether there can be a monetary loss shown be the original creator copyright infringement can be treated as a criminal offense.
10. No one sues over copyright violations
False, there are several large copyright infringement cases in process right now and a suit against MP3.com was settled for a total of $53.4 million.
Remove Dvd Copyright Protection
There are many laws that protect people in the world. Some of these laws are meant to protect rights covered under the Bill of Rights, and other rights are meant to protect the things we create. The eligibility for copyright protection is extended to anyone who is able to create something that is tangible.
There are international laws that provide copyright protection, and the laws for people living in the United States are covered under the doctrine of 17 USCA Section 102(a). The eligibility for copyright protection is clearly outlined in this document and business owners would fare well to spend a little bit of time reading through this doctrine because it may keep someone else from stealing the royalties of your work.
The eligibility for copyright protection extends to any tangible thought that is applied to paper. If it is still in your mind or in the development process where the idea has not been put down on paper or some other solid form, then the eligibility for copyright protection will not apply to it. Some people expect this to apply and are sorely disappointed when they are turned down at the copyright registration office.
If you want to create a novel or other literary work, then it would qualify for eligibility for copyright protection. Perhaps you are a photographer or a tourist who captured an exquisite photo of an event that is a once-in-a-life time experience. Since you placed yourself at great risk taking the photograph, you want to register the photo and copyright it so that other people can not make money from it without your approval. That photograph falls under the eligibility for copyright protection.
If you wanted to create a description of the photograph, then that description would qualify for eligibility for copyright protection as long as it is written down. The information can be stored on any means that you like such as compact disk, a computer or included as a caption underneath the picture and framed. All methods used to create the description fall under the eligibility for copyright protection.
Although a sculpture would not be considered a written work, it is still a method of expression that has a solid and tangible form to it. The sculpture falls under the auspices of eligibility for copyright protection. No further documentation is really necessary. It is real and can be held. Therefore, it is protected by copyright from the second it is created. That fact should spur the creative juices in many people who were unaware of what is covered under copyright protection.
If you have only an idea to reflect on, then that idea does not fall under the auspices of eligibility for copyright protection. The idea might be covered under a confidentiality agreement if you hire someone to take your idea and develop a product description from it, or content for your business website. When the idea becomes a mode for expression, then it maintains eligibility for copyright protection.
Both David Stone & James Brown are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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