| The complex laws of copyright infringment can be summed up in the following sentence."If you did not create it, do not use it without the express written permission from the creator."
Copyrights apply to a wide range of items. These include but are not limited to; music, graphics, pictures, and the written word.
An expression of an idea is copyrightable, however the idea itself cannot be copyrighted. For example while this article is copyrighted, the ideas presented are not. If anyone wanted to create a similar article they could if they expressed it in their own words. Copying any part of this artlcle, and placing it within their article without express written consent would be a copyright violation and possible plagiarism.
As with almost every law in the universe there are some exceptions although most of these also have limitations. Within this article, we will look at some of the exceptions along with some falsehoods. Although copyrights encompass many media, we will concentrate on how these laws affect you and the internet.
-
Copying and using poems. articles. stories and other print media.
A lot of people are under the impression that they can outright copy other peoples work providing they give proper credit or provide a link. The correct way is to use a couple of lines as a teaser or paraphrase a sentence or two and provide a link to the original article.
-
Copying and using graphics and photographs.
A person can only use these if they have express written permission from the originator. Making changes to others work is not allowable, unless permission is specifically given by the originator. Removal of any © or mark is in extreme violation.
-
Copying of music and other sound recording.
This is again forbidden unless permission is given or fees are paid to the appropriate authorized organization. You are allowed, if possible, to make one copy for yourself of a CD or other formats. Sharing of music is not legal. Although this is constantly being challenged in courts, those same courts have not made any firm ruling in this regard.
-
Understanding Terms of use and Privacy Statements.
A lot of internet web sites have terms of use or a code of conduct which outlines your obligations in order for you to use their products. Privacy statements refer to their obligations in regard to any information you give them or that they obtain from you via cookies or tracers. These are well worth the time that it takes to read and understand them.
-
Public domain and what is included.
Public domain material is material that is not protected by copyright law for a variety of reasons. Material protected by copyrights have an expiry date after which time it becomes Public domain. These expiry dates are as follows: If the material was published before 1923, it is in public domain. If published between 1923 and 1963, the material is protected when published with notice for 28 years and could be renewed for 47 years and then extended an additional 20 years for a total of 67 years after that. Material published from 1964-1977 is protected if published with notice for 28 years in the first term and 67 years in the second term at which time it enters public domain. After Jan 1, 1978 Public Domain and protected dates changed as follows: If material was created before that date, but not published, that material is protected for the life of the author plus 70 years or Dec 31, 2002 whichever is greater. If it was published between Jan 1, 1978 and Dec 31, 2002 that material is protected for life of the author plus 70 years or til January 31, 2047 whichever is greater, then it enters public domain. Just because material does not have a © symbol does not mean it is not protected. All works are copyrighted when created. At that time the creator may, of their own choice, choose to enter their work into public domain.
-
Fair Use and the applications on the internet.
Fair use is applicable to Registered educational institutions and libraries only, and in limited cases, parody.
-
Personal use and limitations.
Quite often, something you wish to use will state it can be used for non-commercial personal use. This allows you to use it only within your home and only for you. You cannot use it on a web site regardless of what type of web site you have. Usually personal use would allow you to print out a copy for any household use, such as copying a Disney® cartoon for your child to colour and stick on your fridge or copying instructions or a recipe you might wish to refer to later. This does not allow you to make copies for friends or others.
-
Creating your own copyrighted work and protection.
Once something is created it is copyrighted and the originator is protected. It could be registered for a fee, although that is not required.
-
Copyright laws, penalties and areas covered by the Berne Convention.
The Berne Convention and the DMCA (Digital Millennium Copyright Act) cover most countries in the free world and the laws cover copyright protection and any penalties for violations. Penalties rang all the way up to $5000000 and beyond. If you are interested details, can be found within their respective web-sites.
Links and information sources.
Coming
The Digital Millennium Copyright Act (PDF/Adobe Acrobat format) has all the information you need pertaining to the Internet and Copyright law. You might not need to read Title V about "Vessel Hull Design Protection Act" but the rest is extremely informative and the penalties for violation are EXTREME. For information regarding the use of Microsoft® and MSN Logos |
Important Announcement
