Copyright: What you need to know!

Thanks for sharing this post Crusader; great overview of what we all need to know about copyright infringement.

 

Very good read, Thank you all for posting, found some of the info very helpful!

 

not bad its pretty old . by the who takes the credit of this article?

 

I have a question regarding images said to be in the Public Domain. Say I use an image from a site that is specifically tagged a Public Domain image (even listing sources of said image). Later, someone comes to me and says the image is their copyrighted work, and they would like payment for the damages. Am I liable for the use of this image, or does that liability pass to the site that (initially?) claims its public domain status? (How do I know the copyright holder didn't somehow 'release' the image in the public domain, only to track down the users later?)

I have heard that you can take a public domain image, modify it slightly, and copyright it. Is that true?

 

Thanks for the article. I been looking for something as informative as this.

 

You can copyright your modified version.

 

It's not as simple or clear-cut as that. It would largely depend on the restrictions under which the image was released in the public domain (especially under Creative Commons). The alterations/modifications would have to be to such an extent that the work becomes a new, unique and original work. You can't just do minor tweaks and expect that you now own the copyright for that image.

In most cases this should only apply where a public domain image forms a part of a newly created image (e.g. incorporating a public domain image of a tree into a newly created landscape).

 

Well that's like any legal situation, it depends on the circumstance.

 

That's true enough. I just wanted to clarify your statement a bit, since it could be understood that any alterations to public domain images would allow someone to copyright it.

Basically it boils down to creating a work that shows some creativity and originality in it's creation.

For example you wouldn't be able to copyright a reproduction of the Mona Lisa.
However if you take the Mona Lisa and add a smile showing her with braces, then that image can be copyrighted.

 

Interesting post, thanks for the info~!

 

Just a note, it is important to remember there is plenty of royalty free images and works available for you to plagerise your heart out to, so look for them and use them wiseley.

If you want an image that is not royalty free aproach the author they are always willing to do a deal and asking never hurts, only patientce .

On a legal note a work that has been changed by 10% is considered a new work acording to the International IP laws and International copyright laws that most countries aspire to, but the spirit of the law defined under most countries including Gault on commercial law in NZ says be fair to the person who spent hours in its creation.

 

Are Movie Trailers Copyrighted?

I know a few have been removed from YouTube by 20th Century Fox.

 

The quick and simple answer is yes. The distribution company for the movie normally owns the copyright to the trailers. However if they view a certain site as a press site, or important enough to their target market they will normally have some sort of deal with the site to send them press packages, which could include the right to distriube their trailers.

 

What "international IP laws" are you referring to? And what specific article/paragraph of said law has a 10% rule?

There are IP treaties. The one protecting copyright is the Berne Convention. It gives no rule about amount of change. It gives the right of derivitave works to the original author. It does state that member countries can make up there own rules about the extent of the protections, but there is no 10% rule. Furthermore, the Berne Convention isn't a set of laws. In fact, it states that works from member countries will be protected by the laws of the country of origin.

In the US, the 10% myth came about because the fair use guidelines basically said that if you use more than 10% of somebody else's work in your own, then the new work probably would exceed any protection given under fair use. It ws only a guideline and not a hard percentage. People morphed that into meaning if you changed a work by 10% then it was a new work. That is not the case.

 

From what I know it depend. If the modified copy is to similar too the original, it is consider confusing and you might still face problem.

 

Yes. Even simple promo images sent out to the press are copyrighted. And the media companies can, will, and do take legal action towards sites using any images without permission.

-- Leva

 

Thanks for the great resource.

 

Well I have found on the net many works that say they are copywrite free and are in excess of 100 yrs old but where exactly can I find a listing of who might own the copywrite to these documents? Is there a database or directory?

 

http://www.copyright.gov/records/
You can find listings online here. Of course it is not complete but its as good as official. It solved my dilemma.

 

Great post, very useful