What’s Your Copyright IQ?
In the old days, the Power of the Press was a luxury reserved for the elite. Today, anyone with a desktop computer and an internet connection can become an electronic publisher. Before the Internet, editors and publishers not only had to know the nuts and bolts of literary production, but they had to be aware of complex legal issues such as libel and copyright infringement. An unintentional mistake and you could be sued out of existence. Professionals understood that the Power of the Press carried with it great responsibility and legal risk.
If you are an author, musician, artist, website designer, or business owner, it is time to wake up to laws that apply to intellectual property in the real world. How much do you really know?
Dangerous myths about copyright law …
- I can copyright my idea for a prize winning novel.
FALSE. Ideas, concepts, procedures, and discoveries cannot be copyrighted.
- It is okay to copy as long as you give proper credit to the author/artist.
FALSE. If you copy original writing, graphic, song, or other work without permission, you are guilty of copyright infringement. The Digital Millennium Copyright Act (DMCA) mandates penalties for copyright infringement of up to a $1,000,000 fine or 10 years imprisonment for subsequent offenses.
- I goofed and used someone’s graphic on my web page without realizing that it was copyright, but I cannot be sued as long as it was an honest mistake.
FALSE. Ignorance of the law is no excuse. Copyright law does not care about your “intent,” only that you have infringed work of another.
- I am a teacher and have been copying materials as handouts for my classes. It is okay to do this as long as the copies are for educational non-profit use.
FALSE. The DMCA eliminates the safe harbor for non-commercial copying: schools, non-profits, even the government can be sued for copyright infringement.
- The book doesn’t have a copyright notice in the front, so it is in the public domain and content can be used freely.
FALSE. A work has automatic copyright protection the moment it exists in tangible form. While it is good practice to insert a copyright notice, it is no longer mandatory.
- If I don’t charge for it, it’s not a violation.
FALSE. It is a violation even if you give it away and there can be serious damages if you
diminish the commercial value of the property.
- It doesn’t hurt anybody and it’s free advertising.
FALSE. It Is up to the owner to decide if they want the free ad or not.
- I paid someone to create something for my business, so I own the copyright.
FALSE. If the content creator is on staff, and the work is created during their employment as part of their job, usually the employer owns the copyright. If, on the other hand, the content creator is an independent contractor, then they will retain copyright unless there is something in writing transferring rights to you.
- I can mail myself a copy of my work to protect it (commonly known as the “poor man’s copyright”).
Sending your work through the postal service does not provide protection to your work. You will still need to register your work with the U.S. Copyright Office to sue.
- I copyrighted the name of my brand.
Copyright does not apply to names or short phrases. If you are identifying your products and/or services, you may have a trademark to protect at the United States Patent and Trademark Office.
The purpose of copyright law is to provide a commercial framework to ensure that artistic, intellectual, or other works of value are fairly rewarded. The development of technology in general and the internet in particular has dramatically increased the ease with which work is violated. In this environment, a number of misconceptions have become common currency. This article is intended as a general introduction to copyright laws and is provided in good faith to gain an understanding of the topic.
——————————————————————————————————–
Andrew A. Gonzalez, Esq. is an experienced attorney with over twenty five years in practice. He focuses his attention on business and intellectual property matters. He provides sophisticated services to commercial and individual clients who need to effectively compete in a business environment. For more information, please call 914 220-5474 or email gonzalez@golawny.com.