With our partner Digimarc, ImageSpan is engaged in an ongoing series of educational webinars for prospective new business customers. The latest of these, "Copyright 101, Copyright Basics for Creative Professionals, Media Companies and Content Archives," featured Jonathan Bailey, founder of the website, Plagiarism Today.
Bailey also serves as a consultant, helping Webmasters and companies devise practical content protection strategies and develop good copyright policies.
Below is a summary of some of the points discussed in the recent copyright webinar.
Who should be interested in copyright?
Copyright law today covers a broad range of people including Writers, Visual artists Photographers, Musicians, and Film Makers. It is not only these producers of this content but also the consumers that need to be aware of what copyright is and how it protects the owners of the content. From the classical music composer to the YouTube video amateur, copyright affects all of us.
What does copyright protect?
U.S. copyright protects a number of different works including literary, musical, dramatic, pantomimes, choreographic, pictorial, graphic, sculptural, motion picture and audiovisual, sound recordings and architectural. The copyright process is designed to protect the creator of the content and covers anything that is fixed on a tangible medium (for example on paper, in a digital file, on a painter’s canvas) of expression with a requisite level of creativity. Copyright does not apply to ideas but only to the expression of those ideas attached to a tangible medium.
It is worth noting that copyright eventually expires and, as a rule of thumb, anything created before 1928 is public domain and is not protected by copyright. That being said, copyright for an individual lasts 70 years after the individual’s death and can be passed on like any other asset. Copyright for a corporation is fixed at 95 years after publication.
What rights does copyright give me?
As the name suggests, the copyright owner has the right to copy or reproduce the work to prepare derivative works, to distribute copies, to publicly display or perform and to transfer ownership of the work. It may seem odd that the right to copy or reproduce and the right to distribute are called out separately. But as Jonathan pointed out, it would be common for a school to be given the right to copy or reproduce a work on a limited basis, while a copyright holder retains the right to distribute the work.
Where do I register my copyright?
The U.S. Copyright Office: If you are a US citizen and plan to file suit in the US it is a legal requirement that your work be registered with the US copyright office. Filings cost $35.00 for most works and multiple works can be submitted with the payment of one fee. For each filing, there are to maximum statutory damages. Even if you complete a filing properly and submit it electronically, expect that it will take a minimum of 9 months to receive a copyright certificate. A number of companies will help you assemble documentation to prove that you have submitted a request for copyright. These companies are not official government services but may help in preparing your case for trial. Most cases are settled out of court and do not make it to trial.
What are the best practices when dealing with infringement?
Preparing for and dealing with litigation is a time-consuming and expensive proposition. As mentioned above, most cases will not make it to trial and will be settled out of court.
However, by approaching copyright violation in a calm and strategic manner, you may be able to turn violators into customers. By giving violators an easy way to license your content, and by encouraging the legal use of your content, you are far more likely to achieve a positive outcome than by threatening of legal action.
The bottom line is that copyright is in place to protect you and your assets. It acts like an insurance policy -- should you ever need it.
To find out more, watch Jonathan Bailey's full Copyright 101 presentation and listen to audience questions by visiting our full webinar archive at: http://www.licensestream.com/licensestream2/Portal/knowledge_center/webinars.aspx
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