- Copyright is 'the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.'
- Google definition.
The copyright law was first authorized by Charles II in 1662, during the time of the printing press when the production of books and newspapers allowed them to be easily reproduced and/or copied. This particular law prevents any form of original content from being taken and reproduced under the name of anyone who is not the original creator. It is an essential aspect of a creative workers life.
The law itself is an automatic right, however the license should be in writing which allows you to set out the use of your work and any restrictions. It is also possibly to grant licenses for different uses - meaning you can set different rules and restrictions on different pieces of work.
Owning copyright of your work ensures that you are the only person who has the right to make copies of your work, however if you are an employee under and agency it's important to acknowledge that they own copyright over you.
Owning copyright of your work ensures that you are the only person who has the right to make copies of your work, however if you are an employee under and agency it's important to acknowledge that they own copyright over you.
The intellectual property rights placed onto any original content last for the lifetime of the creator plus 70 years afterwards. Once these 70 years have surpassed the rights of the work are then open to the public and can be reclaimed by a separate company or person. An example of this is the company of Whittards, which recently claimed the rights to the well known Alice in Wonderland illustrations by John Tenniel upon the surpassing of the 70th anniversary of his passing. The illustrations have even been reproduced under Whittards name and it's particular acts such as these that cause reason for debate over certain copyright laws - as although it's a rather reassuring factor that your work is protected for so many years even after death it could be considered unfair that original pieces can so easily be reclaimed and reproduced by anyone but the original creator after 70 years.
It is also possible for intellectual property to be bought, sold and licensed to others, giving a different person the rights to your work.
Elements which Copyright protects your work against:
- The copying of work
- Distribution of work (free or otherwise)
- Making an adaption of an original piece (some artists will allow this IF and ONLY IF you provide appropriate credit and reference to the original piece)
- Displaying of work on public premises or on the internet
- Private research and study
- Private review
- Library use
- Parody, homage, caricature and pastiche
When is copyright infringed?
Copyright is infringed when another person carries out one of the copyright owner's exclusive rights without their permission. An exception to copyright does not apply. In the event of this happening the original owner's often take the next step of contacting the person in question who has disregarded the license over their work - these confrontations are often uncomfortable but necessary as the issue is usually resolved during this period. This is usually because the threat of court action is unwanted under the issue of time, energy and cost, meaning it's never particularly a wanted route during copyright infringement and often simpler to just approach the problem head on and give opposition the opportunity to make it right on your own terms rather than through court.
An important aspect to always consider with copyright is that you cannot physically own an idea, only its expression or documentation. If somebody acts upon your idea before you and you have no physical evidence of it being your creation (e.g having already created the piece) then there are no copyright laws placed over it and you cannot take action against this
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