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| Question |
Answer |
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| 1. There
is no copyright notice, therefore it has no copyright. |
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| 2. I didn't
sell it, therefore I didn’t infringe. |
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| 3. It's
posted on the internet. Isn’t it in the public domain? |
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| 4. It’s
just fair use and I’m entitled to do that! |
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| 5. You didn't
defend your copyright, therefore you lost it. |
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| 6. I have
the copyright in that name! |
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| 7. I have
an "All Rights Reserved" notice, so I’m protected. |
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| 8. But it
was my idea, I have the copyright. |
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| 9. It doesn't
hurt anybody, in fact it's free advertising. |
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| 10. It was
e-mailed to me so it’s mine. |
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1. There
is no copyright notice, therefore it has no copyright.
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• This
is not true in Bermuda.
• However,
you will often see copyright notices today. They consist of three
things, namely, the © ("copyright symbol"), or
the word "Copyright," or the abbreviation "Copr.";
the year of first publication and; the name of the copyright
owner. These notices are a holdover from former U.S. law.
• Copyright
notices have no legal effect other than to remind you to be aware
of copyright. |
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| 2. I
didn't sell it, therefore I didn’t infringe. |
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• Infringement
occurs even if you give it away.
• If you charge
for it the damages awarded in court will likely be higher.
• There
are three basic levels of infringing copyright.
• Level I -
An innocent infringer - I didn’t know any
better. Court orders infringer to stop infringing.
• Level
II - A commercial infringer - I should have known. Court
orders infringer to stop infringing and turn his profits
over
to the copyright
owner.
• Level III
- A willful infringer - I knew better but didn’t
care. Court orders infringer to stop infringing, turn
his profits over to the copyright owner and pay punitive damages.
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Infringement can cost you embarrassment and money! |
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| 3. It's
posted on the internet. Isn’t it in the public domain? |
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• Nothing
is in the public domain anymore unless the owner explicitly and
unambiguously
puts it in the public domain.
• Public domain
is the opposite of copyright.
• A work in
the public domain is one that can be freely used by anyone for
any purpose.
• Once a work
is in the public domain, whether by expiration of copyright or
by expressly being dedicated to the public
domain by its copyright
holder, it can never regain copyright status. |
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| 4. It’s
just fair use and I’m entitled to do that! |
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| if you know what "fair use" means |
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• The "fair
use" exemption allows commentary, parody, news
reporting and education "on" copyright works without permission.
• You
comment “on” or report “about” the
work, not the subject matter.
• Report
in your own words. Copying to save typing is not fair use.
• Fair
use is almost always a short excerpt and almost always
attributed.
• The
inclusion of text in internet postings is for commentary and
reply, and
it doesn't damage the commercial value
of
the posting
(if it has any) and as such it is fair use.
• Fair
use isn't an exact doctrine. Err on the side of caution. |
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| 5. You didn't
defend your copyright, therefore you lost it. |
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• Copyright
is never “lost” these
days.
• You can explicitly
give it away.
• It can expire.
• Trade marks
and patents, unlike copyright, must be defended and/or worked
or they will be weakened, become generic
and eventually lost. |
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| 6. I have the
copyright in that name! |
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• You can
not copyright a name, slogan or short phrase.
• Titles
usually don’t
qualify.
• If
there is no copyright, then is a trade mark right being infringed? |
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| 7. I
have an "All
Rights Reserved" notice, so I’m protected. |
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| but
not because of the notice |
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• Remember
that copyright is a creation right which arises as a result of
creation or authorship.
• An “All
Rights Reserved” notice
has no more meaning than a “Copyright Notice”.
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The publishing industry continue to use this notice. |
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| 8. But it was
my idea, I have the copyright. |
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• Copyright
does not protect ideas, only expressions of ideas.
• The first
rule of copyright is that there must be a tangible form of expression.
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The second rule is that the expression must be original. |
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| 9. It doesn't
hurt anybody, in fact it's free advertising. |
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• It is up to the copyright owner to decide whether he wants free
advertisements or not.
• The choice is not
yours. |
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| 10.
It was e-mailed to me so it’s mine. |
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• To have
a copy is not to have the copyright.
• All the e-mail
you write is copyright insofar as it is original!
• E-mail
generally has no commercial value and therefore damages are limited. |
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