Copyright Laws

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Just because it's on the Internet doesn't mean it's free to use. On the contrary, unless the site specifically states that the images and/or data are in the public domain, these materials are NOT free to use. In other words, it's copyrighted and you cannot use it except as specified by the copyright owner. Copying and capturing images, music, and text off websites (except public domain materials) is against the law.

Copyright laws protect the owners of creative materials from unauthorized use; that is, infringement of his or her work. U.S. copyright laws protect: 

bulletliterary works
bulletmusical works, including any accompanying lyrics
bulletdramatic works, including any accompanying music
bulletpantomimes and choreographic works
bulletpictures, graphics, photography, design, and sculptured works
bulletmotion pictures/films and/or other audiovisual works
bulletsound recordings (such as sound effects), and
bulletarchitectural works

Under the Digital Millennium Copyright Act, signed Oct 28, 1998, the same copyright protections apply to online computer software, music, movies, and written works.

Infringement is the violation of any of the exclusive rights of the copyright owner; that is, the right to reproduce, distribute, modify, perform, and/or prepare derivative versions of the work. Willful acts of infringement are punishable by statutory damages and, in some cases, may incur criminal prosecution.

Copyrights take effect the minute the work is created.

Regarding copyright notices: These are no longer required under U.S. law, although it is often beneficial. Because prior law contained such a requirement; however, the use of notice is still relevant to the copyright status of older works.

Copyright notices were required under the 1976 Copyright Act. But this requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. 

Using the notice informs the public that the work is protected by copyright, it identifies the copyright owner, and shows the year of first publication. In addition, if a work is infringed, and the proper copyright notice appears on the published copies, defendants in a copyright infringement suit have no defense based on innocent infringement (i.e., the infringing party claims that he or she did not realize the work was protected) in mitigation of actual or statutory damages of the copyright law.

You can use the copyright notice on any original works without advance permission from, or registration with, the Copyright Office.

For more information regarding copyright law, visit the U.S. Copyright Office website at: http://lcweb.loc.gov/copyright/

 

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Last modified: July 31, 2008