Pat Mc Nees In the United States, as soon as you create a work and fix it in tangible form, copyright law protects it. If a registered work is later infringed, the creator can recover actual damages (the fee that would normally have been paid for the use), as well as statutory (punitive) damages and legal fees. Copyright Office revised and released an update to its administrative manual, the Compendium of U. Copyright Office Practices, Third Edition, on September 29, 2017.A work that is infringed and has not been registered can only generate actual damages (and in most cases the cost of the suit far exceeds recoverable moneys). Some of its updates include the Offices use of an applicants email address as its primary mode of contact, an update to the Best Edition requirement that allows works exclusively published digitally to be submitted in a digital format, and its 2014 rule holding that a works date of publication for purposes of terminating rights transfers is the date the work is to be published under the contract, not the actual date of publication.of Research Libraries) Why Is It Easier to Copyright an Unhealthy Yoga Routine than a Healthy One?(Kal Raustiala and Chris Sprigman, Freakonomics, 12-8-11).And generally as a photographer you would want to retain the right to use the photo yourself -- as a print, say, and in your own promotional materials.Similarly, when you are clearing permissions, you need to specify which rights you are asking for.Thanks, Dan, for starting an educational campaign we really needed. And be knowledgeable about which rights you are licensing.
GROUPS AND ORGANIZATIONS Discussion groups and listservs on copyright and intellectual property Organizations focused on intellectual property issues FAIR USE Fair use: A primer, followed by links to good explanations and examples Important fair use court cases Codes of Best Practices and Fair Use Guidelines COPYRIGHT, PUBLIC DOMAIN, AND WORK FOR HIRE Copyright, an overview --- How, why, and when to register copyright --- How long does copyright last? assigning rights in perpetuity to publisher • Artists' looming battle with recording industry on copyright termination rights • Rights and royalties management, licensing, issues about (and what happens to works after authors died) • First-sale doctrine meets digital world of rentals and licensing • Digital rights management (DRM) • Orphan Works legislation • Names, titles, domain names, and trademarks • Clearing rights and finding rightsholders (licensing organizations and rights clearinghouses) • Clearing rights in visual arts • Clearing rights for music and sound • Clearing rights for books, scripts, screenplays • Permission and releases • Net neutrality • Google Book Settlement (pro and con) •Digital Millennium Copyright Act, DMCA Takedown Notices, and Related Issues If you found it on the Internet, is it public domain meaning unprotected by copyright? And believing that material on a website or in an e-mail is freely copyable is one of many ways you can get yourself in trouble. Copyright and fair use guidelines have changed since the advent of digital copies and the Internet, which in effect make the Internet a big copying machine. authors are not protected as well as authors in other countries; U. copyright follows the Berne convention in many ways, for example, except in protecting authors' "moral rights." As with other sections of this website, I will add more links and information as I find time.
Photographers have been better than writers about watching out for their rights.
A photographer, for example, licensing use of a photo in a book might charge various fees for additional licenses -- for use of the photo inside a book (one fee), on the cover (a second fee), in marketing materials (an additional fee), on merchandise such as a mug or tee shirt (yet another fee).
In the meantime, click here for a copyright tutorial quiz from an excellent University of Texas website.
Save yourself grief by mastering the basics of essential terms: copyright, licensing, fair use, public domain, open source, Creative Commons, work-for-hire, and various forms of rights.