I was doing a job with a famous person the other day, and they went on to tell me how if i took their photo then They Owned The Copyright !
They thought because they were in it i didn’t own it.
Myth 1
Copyright protection comes from placing a “©” on your work.
a. Absolutely true. Why else would that little c be in the circle?
b. Sometimes true, depending on things I’m not really sure about.
c. Not true.
The answer is c. For works created after March 1, 1989, copyright protection attaches immediately and automatically at the moment of creation. You can even try it at home: take a pen, draw a quick sketch. Done? Great. Copyright protection has already attached. And it does not require you to pen in that familiar © symbol.
For works created before March 1989, the © was required for protection-although in the labyrinth of copyright laws, some allowance was made for works published after December 31, 1977 if the would-be copyright owner took certain measures to cure the error of omitting the mark.
Myth 2
If it’s on the Web, it’s free for the taking.
a. No. Stealing is stealing.
b. Sure, why not?
c. This is true, but only if I use a 28KB modem, and the copyright expires before I finish downloading it.
The answer is a. Unless the work falls under a generally recognized exception to the copyright law, if it’s on the Web, copyright protection attaches, and you can get hit with an infringement lawsuit. Nothing about the Web strips otherwise protectable work of its copyright protection.
Myth 3
Copying just a little bit does not constitute copyright infringement.
a. Maybe.
b. Maybe.
c. Maybe.
The answer is all of the above. Though the “fair use” doctrine allows for some limited copying of a small portion of some works-for example, quotes for use in educational or scholarly works, criticism, parody, and news reporting-there is no bright-line rule as to how much is too much.
The law weighs into the mix the purpose of the use, the nature of the work, the amount used as it relates to the whole, and the effect of the use on the value of the copyrighted work. 17 USC §107. But, generally, taking any part of a copyrighted work is subject to a claim for copyright infringement. And under this same rule, a person also cannot escape liability for copyright infringement simply by making a few minor changes to copyrighted material. 17 USC §501(a).
That means that if you take your kid’s Darth Vader action figure, give it Barbie-like hair, and dress it in platform shoes, you’re going to get hit with an infringement action when you try selling it at Toys-R-Us as Ella Vader. You also risk getting hit with a morals charge.
