Let’s welcome again month-to-month columnist Kelley Means as she shares with us “3 Copyright Myths.” Take pleasure in!
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There are lots of misconceptions about copyright legislation, and there are a whole lot of copyright myths on the market about how they work. Listed here are only a few which were floating round for some time:
1. I can get a copyright by mailing a duplicate of my work to myself
This is without doubt one of the copyright myths I hear lots about, and it’s known as “the poor man’s copyright.”
This delusion has been floating round for fairly a while. However there isn’t any foundation to it underneath copyright legislation.
Beneath the present Copyright Act, you’ve a copyright as quickly as your work is down on paper (or typed up, or in any other case “fastened” so different folks can take a look at it).
Registration is helpful, but it surely’s not required to truly have a copyright (one other generally held delusion). So, the parable is busted — mailing a duplicate to your self doesn’t present any authorized profit.
That stated, if it’s good to show that your work existed at a sure time in a particular format (e.g. you’re being sued for infringement and want to point out your work predated the one you’re accused of infringing), then an unopened, mailed envelope containing your manuscript can show helpful.
2. It’s okay to make use of another person’s work so long as I give credit score
This one comes up often after I give displays on copyright legislation.
Individuals assume that, so long as they cite their supply, they don’t must get permission.
Sadly, that’s not true.
They’re complicated copyright infringement with plagiarism.
Plagiarism is taking another person’s work or concepts and passing them off as your personal. Plagiarism shouldn’t be punishable by legislation, although it could possibly harm your fame and have severe repercussions in case you’re in academia.
Copyright infringement is utilizing somebody’s work with out permission — whether or not or not credit score was given is irrelevant.
So, does that imply you shouldn’t cite your sources?
There are execs and cons both approach, however I consider citing your sources is the higher option to go from an moral perspective.
Simply keep in mind that you just nonetheless want permission or a superb fair-use argument to proceed.
3. I can revoke a license or terminate a contract anytime I would like
It could be good if this have been true, however sadly, it isn’t.
In case you signed a proper contract, you’re sure by the phrases of that contract, and you’ll solely terminate it if the contract says you may.
If the license was not a part of a proper contract, you’ve a bit extra leeway, however you’re nonetheless restricted by legal guidelines relating to licenses and contracts, and the licensee additionally has some rights in the event that they began utilizing the copyright earlier than you terminated the license.
I all the time advocate placing an settlement in writing, and ensuring there’s an “out” clause in case you turn into sad with the association down the highway.
Conclusion and Concerning the Writer
These are only a few of the copyright myths floating round. You probably have questions on copyright legislation, or simply need to ensure you perceive it sufficient to remain out of bother, you’re welcome to e-mail me at kaway@kawaylaw.com.
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ABOUT THE AUTHOR
Kelley Means was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, adopted by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring author of younger grownup fantasy novels. Extra info at kawaylaw.com.
