11 Copyright Myths By: Michael Armstrong

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

Myth #1 "If it doesn't have a copyright notice, it's not copyrighted." Berne copyright convention. Berne copyright convention. –Almost everything created privately and originally after April 1, 1989 in the US is copyrighted and protected whether it has a notice or not. You should assume other people's works are copyrighted and may not be copied unless given permission. You should assume other people's works are copyrighted and may not be copied unless given permission.

Myth #2 "If I don't charge for 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 personal Keep personal copies personal

Myth #3 "If it's posted to Usenet it's in the public domain." False. Nothing modern and creative is in the public domain anymore unless the owner explicitly puts it in the public domain. Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." False. Nothing modern and creative is in the public domain anymore unless the owner explicitly puts it in the public domain. Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain."

Myth #4 "My posting was just fair use!" Fair use is using another’s work for commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. Fair use is using another’s work for commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. Hard to tell what is fair or not Hard to tell what is fair or not

Myth #5 "If you don't defend your copyright you lose it.“ - "Somebody has that name copyrighted!" False. Copyright is effectively never lost unless explicitly given away. You also cannot copyright a name. False. Copyright is effectively never lost unless explicitly given away. You also cannot copyright a name. Trade Marks Trade Marks

Myth #6 "If I make up my own stories, but base them on another work, my new work belongs to me." Better known as derivative works Better known as derivative works Since they are based on the original creator’s copyrighted material, you need the author’s permission Since they are based on the original creator’s copyrighted material, you need the author’s permission Fan fiction is a copyright violation Fan fiction is a copyright violation Exceptions: Criticism and parody Exceptions: Criticism and parody

Myth #7 "They can't get me, defendants in court have powerful rights!" "Innocent until proven guilty" and "proof beyond a reasonable doubt." do not apply "Innocent until proven guilty" and "proof beyond a reasonable doubt." do not apply If you get sued, its all up the evidence presented and what the judge or jury accepts or believes more If you get sued, its all up the evidence presented and what the judge or jury accepts or believes more

Myth #8 "Oh, so copyright violation isn't a crime or anything?" Most of the time, no. Most of the time, no. There are exceptions There are exceptions

Myth #9 "It doesn't hurt anybody - - in fact it's free advertising." It is all up to the owners It is all up to the owners Google Books Google Books

Myth #10 "They ed me a copy, so I can post it." To have a copy is not to have the copyright. To have a copy is not to have the copyright. All the you write is copyrighted. However, is not, unless previously agreed, secret. All the you write is copyrighted. However, is not, unless previously agreed, secret.

Myth #11 "So I can't ever reproduce anything?" It is technically illegal to reproduce almost any new creative work (other than under fair use) without permission. It is technically illegal to reproduce almost any new creative work (other than under fair use) without permission. If the work is unregistered and has no real commercial value, it gets very little protection. If the work is unregistered and has no real commercial value, it gets very little protection.

Summary Almost all things are copyrighted the moment they are written. Almost all things are copyrighted the moment they are written. No copyright notice is required. No copyright notice is required. Copyright is violated whenever damages are incurred to the publisher. Copyright is violated whenever damages are incurred to the publisher. Copyright is violated whether or not you charged money Copyright is violated whether or not you charged money Postings to the net are not granted to the public domain. Postings to the net are not granted to the public domain.

Summary (Cont’d) Fair use is a hard to define. Fair use is a hard to define. –Ask yourself why you are republishing what you are posting and why you couldn't have just rewritten it in your own words. Copyright is not lost because you don't defend it; that's a concept from trademark law. Copyright is not lost because you don't defend it; that's a concept from trademark law. Fan fiction and other work derived from copyrighted works is a copyright violation. Fan fiction and other work derived from copyrighted works is a copyright violation.

Summary (Cont’d) Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don't apply. Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don't apply. Always ask for permission to use someone else’s work Always ask for permission to use someone else’s work Posting is technically a violation Posting is technically a violation But for almost all typical , nobody could claim any damages from you for posting it. But for almost all typical , nobody could claim any damages from you for posting it. The law doesn't do much to protect works with no commercial value. The law doesn't do much to protect works with no commercial value.

Summary (Cont’d) Use “Copyright [dates] by [author/owner]” Use “Copyright [dates] by [author/owner]” Do not use © Do not use © “All Rights Reserved” not needed “All Rights Reserved” not needed

References Templeton, Brad “10 Big Myths about copyright explained” Templetons.com Oct "copyright." Dictionary.com Unabridged (v 1.0.1). Based on the Random House Unabridged Dictionary, © Random House, Inc Oct "copyright." Dictionary.com Unabridged (v 1.0.1). Based on the Random House Unabridged Dictionary, © Random House, Inc Oct