Copy(right) That!
Navigating copyright law
A huge shoutout to Sarah Nicolas and her Substack, Virtual Bookish Events. She recently published a list of terrific learning events motivating me to attend Copyright Law 101. Thank you, Sarah.
David Postoloski and Steven Frydman from Gearhart Law (Summit NJ, 908-273-0700) led the Zoom class, packed with a fascinating zoom-room full of creators and educators, each with varied copyright conundrums.
Copyright law originates in Article 1 of the US Constitution. Article 1 covers patents, trademarks and copyright, and aims to foster science and arts by protecting the creators. Patents cover inventions, trademarks cover business, and copyright protects artists.
One must apply for Patents and trademarks, both of which have a process for verifying originality. Copyright, by contrast, is automatic; it is conferred once a creator creates the artistic expression.
It is advisable to insert the © symbol on any original work although this alone is insufficient copyright protection. One also needs to register each and every piece of original work whether or not it is published. There is a cost to register with the US Copyright Office for Literary Works. This includes blog and social media posts. Note: A registered copyright doesn’t protect ideas, concepts, systems or methods of doing something: it protects the artistic expression of the idea. JK Rowling may not like it when others create books about boy wizards, but the idea is not protected. However, if someone names their protagonist Larry Kotter, she would likely sue for copyright infringement since it clearly appears her artistic expression is being copied.
A registered copyright will last for the life of the creator plus 70 years. If the creator or owner of the copyright protection is either anonymous or a corporation, protection will last for 95 years.
Intellectual property has economic value both to creators and to their heirs. It should be a part of a creator’s estate planning.
“Borrowing” an online photograph for any reuse that might be viewed as having a commercial application could expose the “borrower” to financial risk. As creators ourselves, we should be especially respectful of musicians, authors, photographers and illustrators whose work we find online. Their work is not free for the taking.
Key determinants considered when a copyright infringement case is launched involve the exclusive privileges held by the copyright holder. They are:
Only the creator can reproduce the work.
Only the creator can distribute the work.
Only the creator can create derivative works.
Only the creator can perform the work.
Only the creator can display the work.
Only the creator can provide digital audio transmission of the work.
NOTE: “Creator” means the holder of the copyright. A copyright holder could be a corporation who employs or pays an artist for the right, or a person who purchased the copyright.
Be careful out there! Copyright Law is complex. Always consult an attorney to protect the value of your work.