Copyright is serious business. It can be as simple as your uploaded video on social media getting muted due to copyrighted music or something direr, like losing millions of dollars worth of royalties just because you didn’t do your due diligence.
A great example of how copyright claims get battled over in court is the fairly recent case of Robin Thicke and Pharrell Williams versus the estate of Marvin Gaye. The late singer’s estate argued that there were identifiable percussive elements of “Got to Give It Up” in the former’s hit song Blurred Lines.” The courts agreed and decided that Thicke and Williams should cough up $5.3 million in damages and pay an additional 50% royalty fee for the song, making it one of the biggest payouts in music copyright history.
Don’t dilly-dally and get yourself and your intellectual property protected today.
What is copyright?
A copyright is a collection of rights automatically vested in individuals who create original creative work. It gives the owner exclusive rights to copy, distribute, adapt, display, and perform the work in question.
What does copyright protect?
Copyright protects original works of authorship, including literary, dramatic, musical, and artistic works. Its scope does not cover facts, ideas, systems, or methods of operation.
What are the common copyright infringements?
The most common types of copyright infringement are illegally downloading music, movies, software, and games, selling merchandise with copyrighted images or logos, and publishing a video with a copyrighted song, to name a few.
Are there civil and criminal penalties for copyright infringements?
Copyright infringements are subject to civil and criminal sanctions, but the latter is rare. Normally the rights holder can demand financial compensation. It comes in two types: actual damages and statutory damages.
Will a disclaimer or a credit be enough to protect you from copyright lawsuits?
You can if it falls under ‘fair use.’ This usually means it’s okay if you won’t profit from it. There are four factors to keep in mind with fair use:
- The reason for use
- The nature of the work
- How much of the original copyrighted work was used
- How the use changes the value of the original copyrighted work
Is it safe to use free images or stock photos? Why and why not?
Yes, as long as you review the attribution requirements it comes with. Double-check the license and terms it comes with. In general, avoid photos of people since they may lack model releases. Use well-known and reputable free image sites such as Pexels and Unsplash.
How can I avoid copyright infringement?
- Always use original work if possible. Don’t just download anything on the internet and use it without permission.
- Document everything if you use photos with people and secure model releases.
- Study what’s covered and what’s not. Research the public domain and how you can use it to your advantage.
- For added assurance in creating original content and avoiding inadvertent infringement, consider using an online plagiarism checker tool to verify the uniqueness of your work.
Are there copyright exceptions and limitations?
There are several exceptions and limitations present in the copyright act, but none to make you jump out of your chair. Some of them are:
- Allowing libraries to create copies for archival purposes;
- Allow authorized entities to reproduce and distribute copies of certain works in specialized formats exclusively for use by blind or other persons with disabilities;
- Allow an owner of a copy of a computer program to create backups;
- And so on.
What is the difference between a copyright, a patent, and a trademark?
- Copyright protects original works of authorship.
- A patent protects new inventions, processes, or scientific creations.
- A trademark protects brands, logos, and slogans.
Conclusion
We hope this crash course gets you up to speed on your questions about copyright law. Remember to follow the tips we’ve laid out so that you and your business don’t get dinged for copyright strikes. Remember that it’s always better to go with original content when in doubt.
Interested in reading more articles regarding copyright? Here are some helpful articles to learn more: