10 Big Myths about Copyright Explained Article by: Brad Templeton Presentation by: Oluwatoyin Adebona English 393 Section 501

Introduction Copyright Myths explained: Copyright Myths explained: What is a Copyright? What is a Copyright? What are the Myths? What are the Myths?vs. What is the truth? What is the truth? Any Explanation of the truths? Any Explanation of the truths?

Defining Copyright Legal exclusive right of the author of a Legal exclusive right of the author of a creative or original work to control the copying and/or use of that work

Myth vs. Truth “If it doesn’t have a copyright notice, it’s not copyrighted.” “If it doesn’t have a copyright notice, it’s not copyrighted.” In the past this was true; however now most nations follow the Berne copyright convention which states that almost everything that has privately and originally created after April 1, 1989 whether there is a notice or not. In the past this was true; however now most nations follow the Berne copyright convention which states that almost everything that has privately and originally created after April 1, 1989 whether there is a notice or not. The correct notice for the copyright is “Copyright [dates] by [author/owner]” or to use the C in a circle ©. The correct notice for the copyright is “Copyright [dates] by [author/owner]” or to use the C in a circle ©. “If I don’t charge for it, it’s not a violation” “If I don’t charge for it, it’s not a violation” If there can be serious damages done to the commercial value of the property even though it is given away, it’s still a VIOLATION. If there can be serious damages done to the commercial value of the property even though it is given away, it’s still a VIOLATION.

Myth vs. Truth “If it’s posted to Usenet, it’s in the public domain.” “If it’s posted to Usenet, it’s in the public domain.” Unless the owner explicitly puts “public domain” or there is a note that denotes the work as public domain then the work is not considered public domain even though it is posted to the Usenet. Unless the owner explicitly puts “public domain” or there is a note that denotes the work as public domain then the work is not considered public domain even though it is posted to the Usenet. “My posting was just fair use!” “My posting was just fair use!” Fair use is just to allow for commentary, parody, news reporting, education, and research. Fair use is just to allow for commentary, parody, news reporting, education, and research. Fair use should not cause harm to the commercial value of the work. Fair use should not cause harm to the commercial value of the work. Gerald Ford Example Gerald Ford Example

Myths vs. Truth “If you don’t defend your copyright you lose it.”; “Somebody has that name copyrighted!” “If you don’t defend your copyright you lose it.”; “Somebody has that name copyrighted!” Copyrights are never lost; they can only be given away Copyrights are never lost; they can only be given away Names are not copyrighted they are trademarked Names are not copyrighted they are trademarked “If I make up my own stories, but base them on another work, my new work belongs to me.” “If I make up my own stories, but base them on another work, my new work belongs to me.” Copyright laws cover “derivative” works – works that are based on a copyrighted work Copyright laws cover “derivative” works – works that are based on a copyrighted work Fan fiction Fan fiction The only exception to this is for parody and criticism The only exception to this is for parody and criticism

Myths vs. Truth “They can’t get me, defendants in court have powerful rights!” “They can’t get me, defendants in court have powerful rights!” Copyright law is civil law not criminal law which means that the offender would not be charged with a crime, but rather more likely to be sued Copyright law is civil law not criminal law which means that the offender would not be charged with a crime, but rather more likely to be sued “Oh, so copyright violation isn’t a crime or anything?” “Oh, so copyright violation isn’t a crime or anything?” Copyright violation involving more than 10 copies or $2500 value is a felony. Copyright violation involving more than 10 copies or $2500 value is a felony.

Myth vs. Truth “It doesn’t hurt anybody – in fact it’s free advertising.” “It doesn’t hurt anybody – in fact it’s free advertising.” It’s the owner’s decision to have free advertising and every time there is an act of piracy on the internet controversy is started and that is not why the internet exists. It’s the owner’s decision to have free advertising and every time there is an act of piracy on the internet controversy is started and that is not why the internet exists. “They ed me a copy, so I can post it.” “They ed me a copy, so I can post it.” Copy ≠ Copyright Copy ≠ Copyright Lawsuits over ordinary messages would not receive damages because there is no commercial value; rather the ordinary messages are protected under the honor system Lawsuits over ordinary messages would not receive damages because there is no commercial value; rather the ordinary messages are protected under the honor system

Myth vs. Truth “So I can’t ever reproduce anything?” “So I can’t ever reproduce anything?” Copyright laws are not made to iron-clad lock what can be produced, but instead to: Copyright laws are not made to iron-clad lock what can be produced, but instead to: To protect the author’s right to receive the commercial benefit from their valuable work To protect the author’s right to receive the commercial benefit from their valuable work To protect the author’s general right to control how their work is used To protect the author’s general right to control how their work is used If the work is not registered and has no commercial value, then it is not protected If the work is not registered and has no commercial value, then it is not protected

Conclusion Almost everything that is originated these days Almost everything that is originated these days are copyrighted as soon as they are written. Whether charged or not, copyright infringements Whether charged or not, copyright infringements are still a violation of the copyright law. Posting to the net does not imply automatic Posting to the net does not imply automatic public domain; permission must still be obtained for use.

Conclusion Continued Copyrights are never lost; trademarks are Copyrights are never lost; trademarks are Fan Fiction is still a violation of the copyright laws Fan Fiction is still a violation of the copyright laws Copyright law is civil law not criminal law Copyright law is civil law not criminal law Note: IF you were paying attention and noted that there were indeed eleven myths, I as well as the author of the original article can count; however, so as to not have to change the catchy title of “Ten Myths about Copyright Explained” the author left the title alone and just added the eleventh myth to the list. Note: IF you were paying attention and noted that there were indeed eleven myths, I as well as the author of the original article can count; however, so as to not have to change the catchy title of “Ten Myths about Copyright Explained” the author left the title alone and just added the eleventh myth to the list. Any Questions?????? Any Questions??????