Important Copyright Facts

In my art classes, students will be asked to look, research, and be influenced by artists. While discovering new and exciting artists, students need to be sure that they are using the artworks respectfully and wisely. Artists spend hours of thinking, planning, and creating their works, so let's be respectful when using, looking, and researching artworks. Here are 6 facts, rules, and consequences of copyright infringement that will be useful to the students researching.

1. Copyright Infringement

Copyright infringement is when a person takes advantage of the rights of copyright without the copyrights owners permission. If taken to court, the infringer will be told to pay the copyright owner the amount of money the infringer made from using the work or that the owner would have made.

2. Copyright Violation

Copyright violation IS a felony. Depending on the situation, the award amount can vary.

3. Works that are Copyrighted

Works that are copyrighted protected:
Literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and audiovisual works, sound recordings, and architectural works.

4. Works that aren't Copyrighted

Works that are NOT copyright protected:
"-Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (but written or recorded descriptions, explanations, or illustrations of such things are protected copyright);
-Titles, names, short phrases, and slogans; mere listings of ingredients or contents (but some titles and words might be protected under trademark law if their use is associated with a particular product or service);
-Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded;
-Works consisting entirely of information that is commonly available and contains no originality (for example, standard calendars, standard measures and rulers, lists or tables compiled from public documents or other common sources); and
-Works by the US government." (http://www.copyrightkids.org/cbasicsframes.htm)

5. Copyright Ownership

The author who creates the work instantly owns the work. Only the author can claim copyright work. But, there are some exceptions to the rule.

Works Made for Hire:
"Works made for hire are to be authored by the employer or the comissionary party." (http://www.copyrightkids.org/cbasicsframes.htm) So, say you are an character designer for Pixar. If Pixar asks you to create a character for their next film, Pixar owns the character design.

Two or More Authors:
When a work is created by two or more people, each of them owns the work, which is then called a "joint work" and the owners are called "joint authors".

6.Copyright Symbol

If there isn't a copyright symbol or notice on the work, it doesn't mean that it isn't copyrighted! Always assume the work is copyrighted and not to be copied unless otherwise known.
The correct form of notice for copyright is:
"Copyright (dates) by (author/owner)"


(Image belongs to: http://www.accesscopyright.ca/)

Sources:

1. http://www.copyrightkids.org/cbasicsframes.htm

2. http://www.templetons.com/brad/copymyths.html