Understanding Copyright: Common Misconceptions
PART TWO: 5 COMMON MISCONCEPTIONS
DISCLAIMER: I AM NOT A LAWYER OR A COPYRIGHT EXPERT. THE IDEAS EXPRESSED IN THE FOLLOWING POST ARE BASED SOLELY ON MY OWN RESEARCH AND DO NOT REPRESENT LEGAL ADVICE.
Video Transcript
Copyright is one of those topics that EVERYONE knows about, but very few actually understand. Often we equate copyright with the written word, specifically as it relates to books. However, it is much more than that and encompasses a wide range of mediums.
Let’s start to shed some light on this often confusing topic. Today’s post is the second in a series, where we discuss a few misunderstandings surrounding copyright. You can find the first post HERE if you’d like to catch up.
Let’s dive right in, shall we?
Each country has their own rules and regulations as it pertains to copyright, but there are many similarities between them. Since I reside in Canada, I will be sharing information on copyright from the Canadian perspective.
MEMORY REFRESHER: WHAT IS COPYRIGHT?
To put it simply, copyright is the exclusive legal right to produce, reproduce, sell or license, publish or perform an original work. That means, other people need to ask for permission or provide payment to the creator of the work in order to copy or use it.
In Canada, your original creative or intellectual work is AUTOMATICALLY protected by copyright as soon as you create it.
MISCONCEPTION #1
If it's posted on the Internet, that means it's part of the public domain and fair game to use.
This statement is false. The term “public domain” refers to content that is not protected by copyright law. Work that is considered part of the public domain can be used freely without having to get permission from a copyright owner.
However, as discussed in the first article of the series on copyright, content that has a physical form is automatically protected by copyright. This includes information written and pictures posted on the Internet.
Just because a content creator has posted something on the Internet, does not mean you are free to use it however you please.
Trying to figure out if something is part of the public domain can be a tricky thing. For example, generally in Canada, copyright will expire 50 years following the death of the creator. HOWEVER, in certain cases, the creator’s family or estate can extend that copyright.
It is always best to err on the side of caution and assume that a creative work is copyright and not in the public domain.
MISCONCEPTION #2
If it doesn't have a copyright symbol it must not be protected by copyright.
To be honest, there used to be a time when this was true. Way back before the 1970’s, you were required to place the copyright symbol to indicate the copyright status of a creative work. However, since 1978 it is no longer required to be there.
It is definitely good practice to include the copyright symbol on your work along with a copyright statement, but it is not required to be there in order for a work to be considered protected under copyright law.
MISCONCEPTION #3
If I change someone else's work a little bit I can say that it is my own.
So, here’s the thing. . . even if you write something and it is similar enough to another pre-existing work – so much so that any average person would find it similar – then you run the risk of being found at fault for copyright infringement.
This particular issue falls into a category called “derivative work”. This can be a very tricky area of copyright law, but suffice it to say, even if you write or create your own work, if it is heavily based off of someone else’s, you could run into some trouble.
Be sure to check out the last article in our copyright series that investigates some high-profile copyright cases where derivative work was involved.
MISCONCEPTION #4
I've heard that I can use up to 10% of something before I can get into trouble.
Believe it or not, this is actually not true. When working with quotes or extracts from someone else’s work, there is no magic number. Unless using the quotes is clearly allowed under the “fair use” rule, then your best bet is to always seek permission for use.
Fair use rules allow quotations to be used in certain situations only when something has been made available to the public. For example, quotes for news reporting and/or limited educational uses.
There are some very specific restrictions where fair use rules are concerned and it is always better to be safe rather than sorry.
MISCONCEPTION #5
If I'm not planning to make any money, then it's fine if I copy someone else's writing or image.
This is, once again, a false assumption. Just like the other situations we have discussed, if you don’t have the permission of the copyright holder to use their work, then you could be held liable for copyright infringement. There are a few circumstances that fall under the fair use rule that are exceptions to this, but for the large part you are not free to use another person’s work without their permission.
In addition to this, if the copyright holder is able to prove that you actually had a negative impact on them financially, then you could end up facing a claim for damages in order for the copyright holder to get back any lost royalties they may have missed out on.
Why all these seemingly strict rules? These rules are in place to help protect content creators. Unfortunately, in our society, many people don’t place the same value on intellectual property as they do on physical property. The truth of the matter is, that whether you are taking someone else’s ideas, words, or images, YOU ARE STEALING – the same way that you would be stealing if you took someone else’s physical property and tried to claim it as your own.
My best piece of advice. . . always be safe rather than sorry. . . cite sources properly when using other people’s work and ask permission when necessary.
