Copyright infringement is a hot topic of late, as the Recording Industry Association of America [RIAA] continues its efforts to sue those caught downloading and sharing music without permission through peer-to-peer platforms, like Kazaa and eDonkey.
The issue of copyright violation prevails because of a lack of knowledge regarding copyright law and the belief that "they won't know." Regardless of the reason, copyright infringement is serious and can be accompanied by stiff penalties.
What is copyright?
According to the Merriam-Webster Dictionary of Law, copyright is defined as, "a person's exclusive right to reproduce, publish, or sell his or her original work of authorship (as a literary, musical, dramatic, artistic, or architectural work)." In short, this exclusiveness means that the person to whom the copyright belongs is the only person who can do anything with the item.
When you think about it, copyright ownership would have been the ultimate weapon in the preschool sharing wars. Children everywhere could walk around with their copyright-protected toys, confident in the phrase, "It's mine, and you can't have it."
How and when does a person establish copyright ownership?
Copyright protection begins the minute a work is put into tangible form (written, drawn, programmed). The creator does not need to register the copyright with the U.S. Copyright Office, though this is helpful in establishing and proving the exact date of ownership.
In the majority of cases, the creator is the owner of the work. However, there are two cases where the requestor is considered the owner. The first is when the creator is an employee of the requestor and the work was completed as part of the job. The second is when the creator signs a written transfer of copyright ownership, transferring the ownership of the work to the requestor.
As of today, the length of copyright protection for works "made for hire" is 95 years from the date of publication or 120 years from the date of creation, whichever expires first. All other works are protected for the life of the creator, plus 70 years.
What constitutes copyright infringement?
Any use of the work not sanctioned by the owner, including reproduction, modification, and derivative works, is considered copyright violation.
What are some examples of copyright infringement?
Below are several examples where copyright infringement played a role.
Jennifer Levin hires a painter, Ed, to decorate her preschool with characters from the movie, "Finding Nemo" because she knows how much the children love this movie. Ed completes the artwork in three weeks. This is an example of copyright violation because neither Jennifer nor Ed had permission from Pixar Studios to reproduce their artwork.
Roger McStory hires Larry, a website designer, to create the site www.howtodateannanicolesmith.com. Roger asks Larry to include as many pictures of the actress as possible on the website. Larry locates dozens of pictures of Anna Nicole Smith and uses them on the site. This is another example of copyright infringement because neither Roger nor Larry had permission from the photographers to use the pictures on the website.
A recent case of copyright violation was brought against Jibjab Media, Inc. [Jibjab] for their use of Woodie Guthrie's, "This Land is Your Land" in its satirical web animation. In July 2004, Ludlow Music, Inc. [Ludlow] filed suit alleging copyright infringement. In August 2004, Jibjab proved that no copyright violation had taken place because Guthrie's song had been in the public domain since 1973. In response, Ludlow dropped the allegation. No copyright infringement occurred in this case because the work was not protected by copyright at the time of use.
What happens in cases of copyright infringement?
In cases of copyright violation, the court will issue an injunction to stop current and prevent future use of the copyrighted item, as well as order that all items relating to the copyright violation be impounded and destroyed. The violating party is responsible for all court costs, attorney's fees, and payment of the profits made by the violator and damages incurred by the owner or statutory damages of not less than $100 and not more than $150,000.
In addition to the items above, criminal cases of copyright infringement can include charges of not more than $2,500 for each instance of fraudulent copyright notice, removal of copyright notice, and false representation of ownership in copyright applications.
How can you learn if a work is protected by copyright?
If the item is not marked with the copyright symbol (©), the word "copyright," or the abbreviation "Copr.," there are two ways to determine if a work is protected by copyright. The first method is to contact the creator or current user. The second is to contact the U.S. Copyright Office at http://www.copyright.gov and search their database.
How can you avoid copyright infringement?
You can avoid any act of copyright violation by using original works, using open source or free software, using works that are in the public domain (works that were never copyrighted or whose copyright has expired), or by obtaining written permission from the copyright holder to use the work(s) in the manner desired.
If you would like more information about copyright law and infringement, please visit the United States Copyright Office at http://www.copyright.gov.
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