The COPYRIGHT Mystery Revealed

What is copyright?

Copyright is a legal concept that gives the author or creator of the original work special rights to do certain things with that original work. The right to choose the copyright holder is whether anyone else can use, adapt or resell his work and have the right to receive credit for that work.

Copyright protection is mainly given to those works which are literary, dramatic, artistic and musical works, cinematograph films and television and sound broadcast.

Only the copyright holder of a work can do these things:

  • Make copies of the work and distribute it.
  • Create derivative works or change work.
  • Sell the work in the original version or in a changed form.
  • The creator of work keeps copyrights even if they do not tell you so clearly.
Who owns the copyright?

The general rule is that:

  • The author or producer of the work is the copyright owner in work.
  • The creator of the film or sound recording is usually the owner of the copyright in that film or sound recording.
  • The broadcaster is the copyright owner in a broadcast.
  • A publisher is the copyright owner in a published version.

However, in some places around the world, there can be significant exceptions to the general rule. For example:

Employment - The work done during the employer's employment is usually owned by the employer.

Journalist - Where a journalist employed by a newspaper or magazine is made to work, the journalist retains some rights, while the employer will be the owner of all rights.

Committed photos and videos - If a photo or video recording is done for a personal or domestic purpose, then the person who performs the work can get the copyright in the work, while most of the commissioned works are in other cases. The author is the copyright owner.

It is important to note that:

  • Copyright ownership can be transferred or handed over to another person. For example, for a magazine shoot, photographers can sign an agreement from which the publisher will own the copyright in photographs.
  • If there is an assignment in writing, then copyright ownership can usually be transferred.
  • The rights of the copyright owner can license any one or more special rights to someone else, either on a special or non-specific basis.

For example:

  • The author of a book can provide a special license to the producer to make a film based on the book.
  • A software developer can grant its customers a non-exclusive license to use their software.
  • In each case, the author or software developer will retain copyright ownership but only provide the right to use the manufacturer or the customer for the purpose specified in the license.

How is copyright infringement?

Generally, a violation of copyright occurs if the use of copyrighted work or its "substantial part" is done without the permission of any of the copyright holder's specially reserved methods. But in some countries, there are special exceptions that allow copyrighted material to be used without any violation - for example, "fair use" exception.

Assessing that a part of someone else's work that you want to use is a "substantial part", you have to consider whether it is an important, mandatory or specific part. The part does not have to be a large part of the part to be "sufficient".

This part of "quality" is important and not "quantity" Even if you change or add to a portion of the work of another person, you can infringe copyright if the portion used by you is an important, mandatory or specific part of the original work.

A person who infringes copyrights can be sued by the copyright owner and taken to court. A court can order a number of things, including the payment of the infringer's compensation and the cost of the copyright owner. In some cases, a person who infringes copyright can be charged, and it can be ordered to pay or in serious cases, can be imprisoned.

Examples of copyright infringement include:

  • Making unauthorized copies of a work protected by copyright.
  • Using a song in the video without the permission of the recording and the songwriter's owner.
  • Publish the work of someone else without permission, even if you credit them properly.

Copyright infringement may also be caused by:

  • Authorizing someone to infringe copyright - for example, by asking a person to infringe copyright, or to encourage or provide them with the means to do so.
  • Importing of Vatu containing copyrighted material for sale or distribution without permission - for example, feature films on DVD.
  • Deception of a system that controls access to digital content.
  • Distribute or sell pirated copies of copyrighted material.
  • A live performance recording or filming without the artist's consent.
  • Allowing a place for public entertainment to be used for infringing or screening.

Copyright myth

  • If it is on the internet, then it is in the public domain and I do not need permission to copy it.      
Internet copyright is not free from the law! In most countries, copyright owners and related authorities are able to apply traditional copyright laws to work on the Internet. The copyright owner also receives certain privileges, including the right to copy the work and communicate the work. Therefore, keeping the work of someone else on the Internet, or downloading it from the Internet without the consent of the copyright owner, is a violation of copyright.

  • If I sell it or do not benefit, then this is not a violation.
 It is not relevant for copyright infringement that you make any money from the unauthorized sale or distribution of copyrighted works. It may still be a violation of the rights of the copyright owner and may be adjudged against you again, especially if your work damages the value of the work.

  • It is not protected by copyright unless it has a copyright notice.
It is not mandatory to have a copyright notice on any work. However, a copyright notice strengthens security, warns people that this work is copyright protected, and in some countries by allowing the copyright owner to get more and different losses. If a work looks like something that can be protected by copyright (such as a literary, dramatic, artistic or musical work), then you should believe that it is. Unless you know the source, you should not use anyone else's work.

  • I do not need permission to use it because I gave credit to the author.
Giving credit means that you are not a literary thief. However, giving credit is not a defense of copyright infringement - you need to get permission from the copyright owner to use the work.

  • I am using only a small part or 10% of the original work.
Although there are exceptions to "fair use" in some countries, copyright infringement usually occurs if the work or its "substantial part" is used (without permission) in one of the specially protected ways of the copyright owner Assessing whether any part is "adequate part", you have to consider whether it is an important, necessary or special part. Under copyright law, no part is required to be "adequate" to be part of it. A "substantial part" can be a very small part and may be less than 10% of the original work. The "quality" of this part is important, not "quantity".

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