10 Common Myths About Copyright

Copyright law can be confusing. Here are several common myths about copyright to help you sort out fact from fiction.

a. If it doesn't have a copyright notice, it is not copyrighted

Sort of. After April of 1989, the US dropped the requirement to need a copyright notice to have copyright protection. Items prior to April of 1989 without a copyright notice may have lost protection but it is a very gray area as the Copyright Office allowed for corrections after publication In general, when seeking public domain products, it is best to stay away from gray areas as there is lots more material out there than you can ever use.

b. If I don't charge for it, I'm not violating the copyright

Charging for an item is not a requirement for copyright. I can give away something for free and it is still protected by copyright. And if you choose to give away my works for free, you are committing copyright violation unless I specifically gave you permission to do this.

c. If it is posted on the internet/Usenet, it is in the public domain

Never assume that something posted on the internet is in the public domain. Any newer creations - including posts - are protected by copyright.

d. My use of the materials falls under "fair use"

e. If you don't defend your copyright, you lose its protections

False. The law does not require you to defend your copyright to keep it intact.

f. If I create my own works based on already published works, I can copyright them.

Copyright law is very explicit about something called derivative works. If you wish to create a new work based on a prior author's "universe", you need to get permission.

g. Copyright violation is a small thing and if I get caught, nothing will happen to me

Not so. If you end up going to court, there can be very heavy monetary and jail time for copyright violation. Plus the cost of defending yourself will also be quite high.

h. Using someone else's copyrighted materials is just free advertising for the copyright owner.

That is not your decision to make. If you want to use someone else's copyrighted work, no matter the reason, get their permission. The only exception is "fair use" which is allowed under certain very specific circumstances - like an attributed quote.

i. Someone emailed me the materials so I can use them.

False. Just because someone else emailed you something does not mean that person had the right to do that.

j. This is a government work so it is copyright free.

Sometimes true. All US government work paid for and created by US government employees is in the public domain (but it may have some restrictions - like it is classified or is a government seal.) Works by quasi government entities are copyrighted however. For instance, works by the Smithsonian Institution do claim copyright to their works. Also state governments often claim copyright to their works.

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The 5 Simple Steps to Writing Your Copyright Notice

Whether or not you actually register the rights to your work with the Copyright Office, you can still use a copyright notice on your work. You have every right and legal claim to your work the moment you put words to paper. It helps to register, but you still own the copyright and you have every right to use a copyright notice on your projects.

The copyright notice simply notifies readers that, yes, the work is copyright protected. You can get as specific as you want with this copyright. Here are the basic features of a copyright notice.

1. Copyright - The word copyright or the symbol © works well to inform people in a clear way that it is a copyright notice. Many people use both the symbol and the word in order to make sure everyone understands the meaning.

2. Name - Your name is another important part of the copyright notice. You should declare whom the copyright belongs to. If it belongs to your company, and not to you, you should put a company name.

3. Date - It helps to at least put the year when the copyright was created. This helps establish when the document was created, and will help others figure out who wrote the document first if there is every a dispute.

4. Reserved Rights - The statement "All Rights Reserved" used to have to be included on copyright notices because certain countries around the world required it. It is still often used with copyright notices, even if it is no long a requirement.

5. Details - If you grant partial reprint rights if your name and link is in tact, or if you don't give anyone permission to use your content, it helps to declare this in your copyright notice.

Sample copyright notice:

Copyright © John Smith 2000 All Rights Reserved. No part of this document may be reproduced without written consent from the author.

This should be all that you need in order to write a copyright notice for any document. This works for any sort of project, document, web page, piece of music or anything else you create.