“Copyright protection exists from the moment a work is created in a fixed, tangible form of expression. The copyright immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. In the case of works made for hire, the employer—not the writer—is considered the author.” The Campus Guide to Copyright Compliance, COPYRIGHT BASICS: WHAT IS COPYRIGHT LAW? Para 1.
So that the information I’ve previously provided in the post at the end of this page isn’t taken as inaccurate or babble, I’ve taken the time to compile the following for you so that there aren’t any misunderstandings. Links have also been provided so that you may learn for yourselves.
The First Sale Doctrine
“The physical ownership of an item such as a book, painting, manuscript or CD is not the same as owning the copyright to the work embodied in that item.
Under the First Sale Doctrine (Section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc., of the item. However, it does not permit reproducing the material, publicly displaying or performing it, or engaging in any of the acts reserved for the copyright holder. Why? Because the transfer of the physical copy does not transfer the copyright holder’s rights to the work. Even including an attribution on a copied work (for example, putting the author’s name on it) does not eliminate the need to obtain the copyright holder’s consent. To use copyrighted materials lawfully, you must secure permission from the applicable copyright holders or a copyright licensing agent.
Duration of Copyright
The term of copyright protection depends upon the date of creation. A work created on or after January 1, 1978, is ordinarily protected by copyright from the moment of its creation until 70 years after the author’s death.
For works made for hire, anonymous works and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
For works created, published or registered before January 1, 1978, or for more detailed information, you may wish to refer to the public domain section of this guide or request Circular 15 ( “Renewal of Copyright”), Circular 15a (“Duration of Copyright”) and Circular 15t (“Extension of Copyright Terms”) from the U.S. Copyright Office Web site, www.copyright.gov.
Registration and Notification of Copyright
The way in which copyright protection is secured is frequently misunderstood. Copyright is secured automatically when the work is created and fixed in a tangible form, such as the first time it is written or recorded. No other action is required to secure copyright protection – neither publication, registration nor other action in the Copyright Office (although registration is recommended).
The use of a copyright notice is no longer required under U.S. law, although it is recommended. This requirement was eliminated when the United States adhered to the Berne Convention effective March 1, 1989. If a copyright holder wants to use a copyright notice, he or she may do so freely without permission from or registration with the U.S. Copyright Office. In fact, the use of a copyright notice is recommended because it reminds the public that the work is protected by copyright.
A copyright notice should contain all the following three elements:
The symbol © (the letter C in a circle), the word “Copyright” or the abbreviation “Copr.”
The year when the work was first created.
The name of the owner of the copyright.
Example: © 2005 John Doe
Public Domain
The public domain comprises all works that are either no longer protected by copyright or never were. It should not be confused with the mere fact that a work is publicly available (such as information in books or periodicals, or content on the Internet).
Essentially, all works first published in the United States before 1923 are considered to be in the public domain in the United States. The public domain also extends to works published between 1923 and 1963 on which copyright registrations were not renewed.
All materials created since 1989, except those created by the U.S. federal government, are presumptively protected by copyright. As a result, the chances are high that the materials of greatest interest to students and faculty are not in the public domain. In addition, you must also consider other forms of legal protection such as trademark or patent protection before reusing third-party content.”
The Campus Guide to Copyright Compliance, COPYRIGHT BASICS: WHAT IS COPYRIGHT LAW? Para 2-12 https://www.copyright.com/Services/copyrightoncampus/basics/law.html
Twinkle Wood-VanFleet
November 14 at 8:13pm · Edited ·
Copyright! For my friends, family and interested parties who continue to be violated.. For those of you whose works are being taken, altered, and your names removed from your pieces.
“Copyright protection exists from the moment a work is created in a fixed, tangible form of expression. The copyright immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. ” For works created after January 1, 1978, is ordinarily protected by copyright from the moment of its creation until 70 years after the author’s death. For works made for hire, anonymous works and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
This means that many of my works are covered at an average of 100 years regardless of whether or not you know who it originated from. Those in my name are mine for 70 years after my death.
So while better protection may exist through the Library of Congress, people are not blind to knowing when they steal and alter what is not theirs. I can tell you exactly how to maintain proof without LOC records. Accidental violations sometimes happen when sharing someone elses work, do be mindful in this situation to mark it as “unknown” until which time the author , artist or creator can be credited. Removing credit from images, taking people’s lines from articles, poetry, lyrics and even off their Facebook comments is stealing.
If you think that public domain means you get to have it It does not! The term “public domain” refers to creative materials that are NOT protected by intellectual property laws such as copyright, trademark, or patent laws.
Be advised! ~Twinkle V.
(Names, likes, and shares have been removed to maintain privacy; the original is available at its posted location)
Comments
S.W. Thank you for posting this……I’m so tired of stuff being remade with their initials and no credit given to the real maker.
Twinkle Wood-VanFleet You’re most welcome, S! Thank you!
Twinkle Wood-VanFleet All too often, K. They don’t care.
Twinkle Wood-VanFleet People create beautiful images and they are taken, altered, or re created as something new. People create amazing works of writing, intellectual thought and re create it thinking if they add a few words it’s theirs. It’s not. They need to cite the original.
Twinkle Wood-VanFleet We all learn from somewhere. It’s how knowledge is gained. We take what we learn and re invent our own thoughts, but all of what has been happening to people is too much. Too many people who spend time, their hearts, education, experiences, even their thought process……….. taken.
Twinkle Wood-VanFleet Thank you, S.
D O’N Thank you for posting this. I dont share a lot of my poems because of the very reason someone else might publish something I wrote
Twinkle Wood-VanFleet Most welcome D. I know what you mean and it’s a shame that you don’t because you feel you can’t because they won’t be yours anymore. Everything that is yours, remains yours. I risk myself too sharing some, others are protected better. I finally decided that I’m not going to let other people who do these things keep me from what I love, enjoy, find peace and contentment in and what others enjoy reading, too. I know how to keep an eye on my work, where it ends up and any alterations. Most of us who create, whether it be articles, artwork, poetry, etc don’t mind our pieces being shared, all we want is for it to be kept in the original form and credited. It’s the proper way. x
- November 15 at 10:31am
- J. W. I often wonder about that in regards to photos I post. I post them for everyone to enjoy, but I would hate for someone to take credit for them. I should probably watermark them, but it kinda ruins the photo…
Twinkle Wood-VanFleet Right J! I’ve seen a few of your photos. Beautiful ones, too. And I know what you mean about watermarks. We just shouldn’t have to, please consider adding your c (name) in an area even though it’s already yours. At least if people use the share button it’s reasonable because it’s tracked directly from you, your original share. But people even removed that. The other day a lady posted a graphic and even though she shared it to me and others, I asked permission to re share, she didn’t even want credit necessarily because sometimes we share to just share, but it was important for me to credit her because for one it’s right and secondly I’m thankful for all I get to see, and I’m appreciative of time and heart each of you put into what you do, and I like to say thank you when I can. I know, well we all know for each other, we’ll never be able to get to everyone’s shares to thank, but when we can it’s nice. I’ll never be able to get to all of yours, there’s no way all of you can get to all of mine or each other’s either (too much activity ol/fb etc) but when we are able it’s nice.
D O’N I had someone take poetry I wrote from me and took credit for it.
So it rare that you see my poetry . Sometimes they change the words just a tad.
I would share more if I knew it wasn’t taken.
I will add though that when you do searches for quotes or pictures a lot come up without any ones name on the work.
I like the idea of putting unknown on something that’s not marked but then does it give someone the opportunity to say … I wrote that or that pictures mine ?
Twinkle Wood-VanFleet Yes and no D. Yes in that anyone can claim anything, the opportunity is always there to claim it, no in that when it comes to you being the actual writer up against them taking it or altering the piece they would have to prove it was theirs before it was yours. Most artists have proof simply because they were the ones who created it. Think about this. In this example, I’ll use only FB as an example with something shared that’s been shared no where else.. Something is posted on Facebook for the first time. You, me, someone else. Later at any point it re appears in someone else’s name. A record of proof has already been created. Your proof. Facebook itself is a record of proof in it’s own way. Each post is time stamped. How would the other person be able to claim authorship? The only way they could is to then claim they have an original in hard copy or digital form prior to sharing. Being on FB doesn’t allow others to take. Facebook terms and conditions grants FB uses but not individuals. And there the legal part begins and a judge will decide. Instead of going on and on, here’s a link that can help too, it refers to unknown authors and images from the web toward the end using MLA citations and “according to” http://uca.edu/writingc…/mla-basics/mla-in-text-citations/ smile emoticon
MLA In-Text Citations — Writing Center
MLA style uses in-text citations to give credit to authors when paraphrasing or quoting their ideas. In-text citations include two parts, the lead-in phrase and the parenthetical citation.
UCA.EDU
Having spent nearly 40 years as a writer in one capacity or another, I’ve always been quite knowledgeable in this area. Having a publishing business licensed in the City of West Sacramento in the mid 1990’s and studying Corporate Publishing in 2005 assisted my knowledge even further. Every now and then I try to re share this combined knowledge.
There will always be someone who will try to take your original works from you, but remember there are steps they have to go through to prove they owned your words before you did.
I hope the above has eased you and I hope it has informed those who are inclined to snatch what doesn’t belong to them.
~Twinkle VanFleet
The Campus Guide to Copyright Compliance
COPYRIGHT BASICS: WHAT IS COPYRIGHT LAW?
https://www.copyright.com/Services/copyrightoncampus/basics/law.html
United States Copyright Office
A Department of the Library of Congress
http://www.copyright.gov/
Library of Congress
https://www.loc.gov/
MLA In-Text Citations
http://uca.edu/writingcenter/mla-basics/mla-in-text-citations/
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