Copyright Basics for Creatives
This playbook outlines the fundamental aspects of copyright law pertinent to artists, writers, musicians, and other creative professionals. It guides through the process of protecting original works and addresses the appropriate actions in case of copyright infringement.
Step 1: Understanding Copyright
Gain a basic understanding of what copyright is. It is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Step 2: Identifying Works
Identify the works you have created that are eligible for copyright protection. This typically includes literary, dramatic, musical, artistic, and certain other intellectual works.
Step 3: Registering Copyright
Register your work with the appropriate national copyright office to formalize copyright protection. Although not mandatory for protection, registration provides legal advantages in case of infringement.
Step 4: Maintaining Records
Keep a detailed record of all your works, including drafts and published versions, along with the dates of creation and any registration information. This will be indispensable in proving ownership.
Step 5: Monitoring Use
Regularly monitor the usage of your copyrighted works to detect possible infringements. This can involve using tools, services, or periodic manual searches online.
Step 6: Handling Infringement
In the event of an infringement, contact the infringer with a cease and desist letter. If this doesn't resolve the issue, consult a copyright lawyer for further legal action which may include filing a lawsuit.
Step 7: Utilizing Copyright
Understand how to legally utilize copyrighted material from others in your own work. This involves understanding fair use provisions or obtaining permission through licenses or assignments when necessary.
General Notes
Fair Use Doctrine
Be aware of the Fair Use Doctrine which allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
International Copyright
Understand that copyright laws can vary internationally. If your work is used or you're using others' work in different countries, consider the international treaties and laws in place.
Renewal and Duration
Copyright duration is not infinite. Be aware of the term of copyright for your works and the procedure for renewal if applicable.