Wednesday, November 10, 2010

I can Copy, Right?? Copyrights Explained

I blog (duh.) in case you don’t notice. So I know how frustrating it is to see someone else copying my blog content word for word and not giving me due credit for the chain of thoughts, research or just the fact that I’m staring into space for an hour to come up with a content I find useful or interesting. I may write poorly but it is still my piece of work. Something got to be right if someone is using it still, right? Not that I am hard for credits.

I am no lawyer or law student so finding simple explanations for what exactly is ‘copyright’ is a task unto itself. Haven’t you wanted to for once claim defense on your piece of work only to be thrown legal jargons you get even more confused with? No wonder lawyers make a lot of money. My take, the best person to defend you is YOU.

Let’s clear this ‘copyrights’ mystery for once.

“As soon as someone creates a work — writes an article, writes a song, composes a tune, or whatever — copyright is automatic. There’s no need to register copyright; the creator owns the copyright whether or not it has been created. Most copyright works, in fact, are not registered, which is a good thing. If they were, the Library of Congress, which houses the Copyright Office and stores copyright registrations, would be the size of Alabama.

If you don’t see a copyright notice attached, it doesn’t mean the work’s copyright isn’t owned by someone. Current copyright law does not require such notices.

If someone owns the copyright, that person has the right to say what can be done with, um, copies. What this means is that you generally can’t take an article you find in a newspaper, magazine, or Web site and use it without permission. (There are exceptions)

In the United States, certain kinds of copyright infringement are felonies. You may not only get sued but also get prosecuted. [Note : This may apply in Singapore too.]

If you don’t know whether you have the right to use something, assume that you don’t.

You can’t just take something and rewrite it. Derivative works are also protected. If the result is clearly derived from the original, you could be in trouble.

Copyright has to be expressly assigned. If you hire me to write an article for your Web site and don’t get a contract saying that you own all rights, or that the work was a work for hire, you only have the right to place it on your Web site. I still have the right to use the article elsewhere.

A number of exceptions can prove very important when you’re gathering content, so listen closely:

If it’s really old, you can use it. Copyright eventually expires. Anything created before 1921, for instance, is free for the taking. [Note : Anything created after 1989 automatically gets copyrighted for the lifetime of the author plus 70 years. When the copyright expires, it becomes public domain.]

If the guvmint created it, you can use it. The U.S. Government spends millions of dollars creating content. This content is usually not copyright protected.

If it’s donated, you can use it. Authors often want you to use their materials. If they have given the public permission to use it, you can, um, use it.

It’s only fair — fair use explained. Copyright law has a fair use exception that allows you to use small parts of a work, without permission, under particular conditions.

By Peter Kent “


Do you know your rights? What do you do when someone uses your work without permission?



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