Thursday, April 19, 2012

Copyright Take Two

Copyright
Copyright is a legal concept, used by most governments, that gives the creator of an original piece of work exclusive rights to it (for a limited time). It is generally the "right to copy" but also gives the copyright holder the right to be credited for the work, to benefit from it, to determine who may adapt the form to other types of works, who may perform the work, who else may benefit from it, and so on. It is similar to the patent, trademark, and trade secret in the sense that it is an intellectual property applicable to any expressible form of an idea or information that is substantive and discreet.

Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (although sometimes it may be extended). Copyright law recognizes the right of an author based on whether the work actually is an original creation, rather than based on whether it is unique. For example, two authors may own copyright on two substantially identical works, if it is determined that the duplication was coincidental and neither was copied from the other.

In most jurisdictions, the copyright holder must bear the cost of enforcing copyright. This usually involved engaging legal representation, administrative, and/or court costs.

Several exclusive rights are usually attached to the holder of a copyright:
     -to produce copies or reproductions of the work and to sell those copies (including electronic copies)
     -to import or export the work
     -to create derivative works (works that adapt the original work)
     -the perform/display the work publicly
     -the sell or assign these rights to others
     -to transmit or display by radio or video

The phrase "exclusive rights" means that only the copyright holder is free to exercise those rights, and that others are prohibited from using the work without the holders permission. Copyright is sometimes called a "negative right", because it may sometimes serve to prohibit certain people like readers, viewers, listeners, publishers, etc. from doing something they would other be able to do.

Limitations and Exceptions to Copyright
The idea-expression divide differentiates between ideas and expression, and says that copyright protects only the original expression of a certain idea, not the idea itself.

Copyright law doesn't restrict the owner of a copy from reselling legitimately obtained copies of copyright works, as long as those copies were originally produced by or with the permission of the copyright holder. So for example, it would be legal to resell a copyrighted book or CD.

Copyright does not prohibit all copying and replication. In the USA, copyright permits some copying and distribution without permission of the copyright holder or payment to the same. The statute stating this does not clearly define fair use, but gives four non-exclusive factors to consider. Those factors are:
     -the purpose and character of your use
     -the nature of the copyrighted work
     -what amount and proportion of the whole work was taken, and
     -the effect of the use upon the potential market for or value of the copyrighted work.

Is is legal in several countries, including the United States, to produce alternative versions (for example, in large print or braille) of a copyrighted work to provide improved access to a work for blind and visually impaired people without permission from the copyright holder.

Well, that's about it on copyright! I hope this helps you understand more about what it is and what it does. It's a lot of information, but it's helpful. :)


1 comment:

  1. It's that first paragraph that is most important here, since it describes in general terms what "copyright" is.

    My next question for you is this: Did you talk to your guardians about what they thought about you publishing one of your books? If they like the idea, I'd like to help you navigate your way through the process. Let me know.

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