Copyrights
What is a copyright?
A copyright is a legal action
that protects your work from being used by someone else without
your permission. Being an independent worker or freelancer, you
usually have the right to use what you have created, unless you
have legally given the right to someone else.
The work must be an original
-- that is, genuinely and independently created by the person(s).
It will not make a difference if the creation has similarities to
existing pieces of work, or lacks quality, originality or any merit
whatsoever. As long as the author or creator doesnt copy from
other source(s), and works on his own, his work is protected by
copyright laws.
What does it protect?
A copyright protects the following
forms of works:
- Poetry
- Movies, plays, films and
videos
- Paintings, photographs,
sculptures and architectural designs
- Sheet music
- Recorded music performances
- Novels
- Video games
- CD ROMs
- Software codes
The exceptions
The exceptions to the
rule of copyright will apply when the following situations occur.
- If
a work is created by an employee in the course of his or her employment,
the employer owns the copyright.
- If the work is created
by a self-employed person and he/she signs a written agreement
stating that the work shall be "made for hire," the
commissioning person or organization owns the copyright only if
the work is
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(a)
part of a larger
literary work, such as an article in a magazine or a poem
etc;
(b) part of a motion picture or other audiovisual work, such
as the screenplay of a movie;
(c) a translation;
(d) a supplementary work such as a preface, foreword, editorial
note, bibliography, appendix or index as in a book;
(e) an instructional text;
(f) a test;
(g) answer material for a test; or
(h) an atlas.
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- If the creator has
sold the entire copyright, the purchasing business or person becomes
the copyright owner.
The rights of a copyright
owner :
The copyright law protects
only original works created expressed in a physical form. This means
an idea cannot be copyrighted; the physical evidence of it
the expression can be protected. Furthermore, the law provides
additional rights to the owners including:
- The right to reproduce
make copies of the protected work
- The right to sell and distribute
copies of the work to the public at large
- The right to create adaptations
of the protected material
- The right to perform and
display the protected work such as a play or a movie
These rights allow the copyright
owner to be flexible in deciding what commercial gains to realise
and whenever he/she finds appropriate or may sell or license the
rights to any one else. Therefore, a writer may grant the right
to print his book to a specific publisher. If a copyright owner
transfers all his rights to someone else, unconditionally, it is
termed as an assignment. Partial transfer of rights
is called a license.
Copyrighting complications
:
Difficulties arise with
a software copyright. Registration often makes your source code
available to the public. To protect your right down to minor details,
you may have to patent portions of the source code instead of copyrighting
them.
When is an infringement not
a crime?
A copyright may not be violated every time something is copied.
Here are some examples that may render the use of protected material
as fair use.
- Using
an excerpt or quote from a protected material in a review or criticism
to illustrate or comment. This includes use of excerpts for news
reporting or producing a research report.
- Reproducing
selected portions of a larger written works for non-profit or
educational purposes by teachers or for classroom use or for the
benefit of the public at large.
- Producing
a parody of the original, usually by imitating it in a comic sense.
For example, you may
download any piece of information you like but cannot publish it
word for word, although you may believe that you have paid for its
usage. You may have paid to be online but the right of usage remains
with the copyright owner; you may however use it for such purposes
as mentioned above or not at all.
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