By: Brad Templeton Presenter: Michael Brown Eng 393 Section 0301

 Introduction: ◦ What is a copyright?  Ten common misconceptions of copyrights  How to avoid copyright infringement  Conclusion

 A copyright is the legal exclusive right of the author of a creative work to control the copying of the work.  Usually these exclusive rights are allowed to the original author for a certain period of time.  After the copyright expires, the work enters public domain, becoming “Public Property” and can be freely distributed without infringements.

 You should assume all people’s works are copyrighted whether there is a notice or not.  Copyright material may not be copied unless you know otherwise.  Correct form for a notice: ◦ Copyright [dates] by [author/owner]  Copyright symbol:

 Refers to selling an unauthorized copy of a copyrighted work.  It is a violation, you may hurt the commercial value of the property.  For instance: personal copying of music is not a violation, courts however have said it is wrong to share or copy the music and distribute it.

 Usenet is the precursor to public and private internet forums, authors posted news articles and allowed people to comment on them.  The owner of the work must put the work in the public domain.  The owner of the work must state “I grant this to the public domain” for others to copy.  If an author does this, there is nothing stopping others from simply replacing the author’s name with their own and claiming it to be their work.

 Fair use exemption created to allow commentary, parody, news reporting, research, and education about copyrighted works without permission of author.  Fair use refers to a short excerpt within one’s own work. The copyrighted work should be cited.  Fair use isn’t an exact doctrine, individual courts decide what is ruled as “fair use” and what is not.

 Copyrights are never lost if you do not defend it, only trade marks fall into this category.  Names can be copyrighted however. ◦ i.e. “Delta Airlines” owns the word applied to air travel as “Delta Hotels” owns the word as it is applied to hotels.  You cannot use someone else’s trademark in a way that will be detrimental or confuse people in regards to who is the real owner of the trademark.

 Fan fiction is arguably a copyright violation, if you want to write a novel using the characters Jim Kirk and Spock, you will need permission from Paramount.  However if you are criticizing the work or creating a parody, then you do not need permission from the original author.  Fan Fiction can at times add to the overall storyline and may be encouraged as it promotes the original work.  Fan Fiction court cases tend to get settled quickly.

 Copyright law is usually civil law, therefore the “innocent till proven guilty” clause is not in effect.  “Proof beyond a reasonable doubt” does not apply to civil cases, only criminal.  Usually the judge and jury will look at the evidence and decide which side, the plaintiff or defendant’s is more believable.

 USA commercial copyright violation involving more than 10 copies and value over $2500 was made a felony.  At the same time, don’t believe you can get people thrown in jail for wrongfully posting your , courts generally have more important matters requiring their attention.

 This is a decision only the owner can make, whether or not he or she wants free ads.  If they want them, they will be sure to contact you.  Ask the owner, do not rationalize whether it can or cannot hurt the owner.

 To have a copy is not to have the copyright.  s you write are copyrighted, you can report on s you are sent and reveal what it says.  Suing over normal messages, should they be posted and it is not told by the original sender it is secret, are at fault.  Keeping private correspondence private is a courtesy.

 Never assume a work is not copyrighted.  Ask the author the right to copy or reproduce material.  Just because you are not selling the material does not mean you are not damaging the commercial value.  Small amounts of material can be reproduced and cited from a copyrighted source.  Copyright infringements are usually civil cases, but can at times be punished in a criminal court.

 There are many misconceptions about copyrights and copyright infringements.  Avoid believing one of these common misconceptions as it may lead to serious consequences.  Be cautious when using material that states if it is copyrighted or not, always assume it is so.  By simply receiving permission of the author to reproduce his or herwork, one can avoid the troubles caused by copyright infringement.