By: Brad Templeton

Presenter: Michael BrownEng 393 Section 0301

Introduction:◦ What is a copyright?

Ten common misconceptions of copyrights How to avoid copyright infringement Conclusion

A copyright is the legal exclusive right of the author of a creative work to control the copying of the work.

Usually these exclusive rights are allowed to the original author for a certain period of time.

After the copyright expires, the work enters public domain, becoming “Public Property” and can be freely distributed without infringements.

You should assume all people’s works are copyrighted whether there is a notice or not.

Copyright material may not be copied unless you know otherwise.

Correct form for a notice:◦ Copyright [dates] by [author/owner]

Copyright symbol:

Refers to selling an unauthorized copy of a copyrighted work.

It is a violation, you may hurt the commercial value of the property.

For instance: personal copying of music is not a violation, courts however have said it is wrong to share or copy the music and distribute it.

Usenet is the precursor to public and private internet forums, authors posted news articles and allowed people to comment on them.

The owner of the work must put the work in the public domain.

The owner of the work must state “I grant this to the public domain” for others to copy.

If an author does this, there is nothing stopping others from simply replacing the author’s name with their own and claiming it to be their work.

Fair use exemption created to allow commentary, parody, news reporting, research, and education about copyrighted works without permission of author.

Fair use refers to a short excerpt within one’s own work. The copyrighted work should be cited.

Fair use isn’t an exact doctrine, individual courts decide what is ruled as “fair use” and what is not.

Copyrights are never lost if you do not defend it, only trade marks fall into this category.

Names can be copyrighted however.◦ i.e. “Delta Airlines” owns the word applied to air

travel as “Delta Hotels” owns the word as it is applied to hotels.

You cannot use someone else’s trademark in a way that will be detrimental or confuse people in regards to who is the real owner of the trademark.

Fan fiction is arguably a copyright violation, if you want to write a novel using the characters Jim Kirk and Spock, you will need permission from Paramount.

However if you are criticizing the work or creating a parody, then you do not need permission from the original author.

Fan Fiction can at times add to the overall storyline and may be encouraged as it promotes the original work.

Fan Fiction court cases tend to get settled quickly.

Copyright law is usually civil law, therefore the “innocent till proven guilty” clause is not in effect.

“Proof beyond a reasonable doubt” does not apply to civil cases, only criminal.

Usually the judge and jury will look at the evidence and decide which side, the plaintiff or defendant’s is more believable.

USA commercial copyright violation involving more than 10 copies and value over $2500 was made a felony.

At the same time, don’t believe you can get people thrown in jail for wrongfully posting your E-mail, courts generally have more important matters requiring their attention.

This is a decision only the owner can make, whether or not he or she wants free ads.

If they want them, they will be sure to contact you.

Ask the owner, do not rationalize whether it can or cannot hurt the owner.

To have a copy is not to have the copyright. E-mails you write are copyrighted, you can

report on e-mails you are sent and reveal what it says.

Suing over normal messages, should they be posted and it is not told by the original sender it is secret, are at fault.

Keeping private correspondence private is a courtesy.

Never assume a work is not copyrighted. Ask the author the right to copy or

reproduce material. Just because you are not selling the

material does not mean you are not damaging the commercial value.

Small amounts of material can be reproduced and cited from a copyrighted source.

Copyright infringements are usually civil cases, but can at times be punished in a criminal court.

There are many misconceptions about copyrights and copyright infringements.

Avoid believing one of these common misconceptions as it may lead to serious consequences.

Be cautious when using material that states if it is copyrighted or not, always assume it is so.

By simply receiving permission of the author to reproduce his or herwork, one can avoid the troubles caused by copyright infringement.