Copyright Basics

If you've ever written, or been interested in writing, you've probably looked into copyrights at one time or another. Why are they so important? They are the only thing keeping anyone else from stealing your hard work. So how do copyright laws apply to you?

I've attempted to compile the most important parts of as U.S. Copyright Law as they pertain to you, the average writer/blogger/whatever you are, in the most painless way possible. I am not an attorney, nor do I claim to write anything more than what the law states itself. If you have any questions pertaining to any particular cases of copyright infringement, I suggest you consult an attorney. The full U.S. Copyright Law can be found at the U.S. Copyright Office website.

So, what is a copyright? A copyright gives you the exclusive right to reproduce your work, to prepare any derivative works (films, dramatizations, musical arrangements, etc), to distribute your work for sale, and to display your work publicly.

How do I attain one? You attain one simply once your work is written, and you do not need to register your work the U.S. Copyright Office. Also, the copyright symbol © does not need to be included in your work, nor does any notice of copyright, although in any case of infringement, the inclusion of a notice of copyright makes it hard for the person infringing upon your rights to claim that they simply didn't know better.

Does this apply to contracted work? If in your work contract it was stated that your work was "work made for hire" then you have no copyrights to that work. In this case, all copyrights go to the contractor.

Can a minor attain copyrights? Yes, but in terms of business related to the copyrighted work (if you are going to make money off of it), State laws regulate such matters.

How do I defend myself from copyright infringement? First off, go see a lawyer. Secondly, even though you do not have to register your work to attain a copyright, in most cases you must register your work before you file a suit of infringement.

Does this mean I can't use any parts of a copyrighted work? Not exactly. The law permits what is called "Fair Use" which allows some usage of copyrighted materials, which can be found in chapter 1, section 107 of the law. The law states that copyrighted work can be reproduced "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." Also, using parts of an original work for a parody work is permitted. There are no guarantees that you will be protected under the fair use clause in a copyright infringement case. You should always seek permission to use copyrighted material.

What are the penalties for copyright infringement? In short, you may have to pay money, and in some cases a lot of money. Also, any equipment used to reproduce and distribute copyrighted works can be seized, which means computers, printers, vehicles, anything. Simply put, don’t infringe!

I hope you have found this helpful.