Useful Information Articles

Ten Copyright Myths That Can Hurt You

By Jean S. Perwin

You Don't Have To Put Copyright Notices On Your Work Anymore

This myth arose because of the amendments to the Copyright law after the US became a member of the Berne Convention, the international copyright treaty. In Berne countries, copyright notices are not required. When a country becomes a member of the Berne Convention, it may not require notices as a condition of copyright ownership and as of 1992, the US does not either. HOWEVER, this does not mean that you should leave copyright notices off your work. If you do, it will not damage your claim to you copyright or allow it to fall into the public domain. But, it will allow an infringer to claim that he or she was an innocent infringer and eliminate any damages you may have as a result of the infringement.

If A Client Hires Me To Do Design Work It Is Automatically Work-For-Hire

Prior to 1991, free-lancers had a difficult time showing that work that they were hired to do belonged to them. There was a presumption that freelance work was mostly work-for-hire which means the copyright is owned by the employer. In 1991, however, the Supreme Court in the CCNV case changed that presumption, and now free- lance work is presumed NOT to be work-for-hire unless there is an agreement in writing which says that it is.

A Client Who Buys Design Work From Me Can Do Whatever She Wants With It

As the creator of a design or artwork or photography, you own the copyright in that work unless you transfer it in writing. That means YOU control the right the reproduce it, to change it and make new works out of it, to use it in a different media form, not the client. Clients often believe that buying "work" means buying "rights". It doesn't.

Everything On The Internet Is Public Domain

The issue of how to protect copyrights in cyperspace is a fascinating and difficult one. But it is not true that you can freely use anything you find on-line or on the Net. In fact, as the cases start coming down from the courts, it appears that the opposite is true. The courts are holding that even though the means of copying on-line is more sophisticated, if the copying is unauthorized it is still copying and still copyright infringement.

If I Change Someone's Design Just A Little Bit I Can Use It With No Problem

If you want to copy someone else's work, you'd better change it a lot if you want to avoid copyright problems. The standard for determining whether something constitutes infringement is whether the copy is substantially similar to the original. If someone's design is in blue and you change it to orange, or if a figure is on the right and you change it to the left, it is still likely to be found to be substantially similar and constitute infringement.

A Copyright License Must Be In Writing

An exclusive license must be in writing. But, a non-exclusive license can be transferred orally.

In The Case Of Computer-Generated Art The Client Owns The Digital Files

The client only owns the files if you agree to sell or transfer them to him. What he owns is the right to use what is on the disk for a limited, specified purpose. If he wants the files and the rights to make changes to it, the price should be higher.

You Need A Client's Permission To Use Artwork You Have Created For Them In Your Own Portfolio

There are two reasons why this is not true. First, if you are clear about the uses your clients can make of your work, all other uses, including use in a portfolio, are reserved to you. Second, use in a portfolio is likely to be fair use. Fair use means that even though your use is infringement, it falls under an exception to the Copyright Law.

If Someone Copies My Work My Damages Might Be So Low That It Is Not Worth Doing Anything About

The copyright law has built into it a solution to the problem of minimal damages or damages that are difficult to prove. They are called statutory damages. These are damages that you do not have to prove, which the law says you are entitled to if you prove copyright infringement. They range from $500-$20,000 per infringement and they are available if you register your copyright within three months of publication -or making it public. While copyright litigation is long, expensive and frustrating, and not to be undertaken lightly, very often it is worth it.

All I Have To Do To Protect My Copyright Rights Is Mail Myself A Copy Of My Work

I don't go anywhere where someone doesn't tell me--I don't have to worry about registering my copyright--I mailed myself a copy. Mailing yourself a copy of your work does not protect your copyright, it does not take the place of registration and it should not give you piece of mind. It does nothing for you except allow you to prove the date that it was mailed - which is not a very useful piece of evidence. And it costs 32¢. Don't do it. Register your copyright on a VA form.