Copyright basics  (Page 4/5)

Finally, items, which are not sufficiently original in ways other than “sweat of the brow” lists, do not qualify for copyright. A story that slavishly copies the characters, setting, and plot of other story, or a piece of artwork that reproduces another piece of art in another medium, does not qualify for copyright protection. (U.S. Copyright Office 1992)

VII. What is copyright infringement?

Infringement is the legal term for a person using one of the copyright owner’s rights without permission. It is said that the person has infringed on the other’s copyright. (U.S. Copyright Office 1992) Infringement can be a minor situation (copying two textbook chapters before the bookstore has additional copies available) or major (scanning the entire textbook and making it available on the Internet). Serious infringement cases will often lead to legal action. Cases are often settled out of court. In court, cases are often settled with statutory damages . “Statutory” means that the fine is determined by legal statute, not by the judge. Statutory fines for copyright infringement are “not less than $750 or more than $30,000 as the court considers just.” (U.S. Government). The fine is calculated per incident of infringement. If 500 people accessed a scanned version of a textbook, then the fine for the person making it available will be (at a minimum) $750 x $500, or $375,000.

VIII. Are there limitations on the copyright owner?

Copyright is not solely about the owner’s rights. Fourteen sections (§107 – §121) of the Copyright Act provide many limitations on the owner’s rights. Reviewing these sections shows that owning a copyright is not the same as owning a piece of property, such as a laptop or a car. There are many ways in which the public can make use of a copyrighted work. The most important of these is covered in the next chapter: Fair Use.

Online Resource:

Nolo’s Plain English Law Dictionary (External Link)

U.S. Copyright Office (External Link)

GLOSSARY, CHAPTER 1

Copyright : The creator’s right to use a work they have created, as defined by Title 17 of the US Code.

Publishe r: A company that creates and distributes copies of a work. May also be an independent person publishing content via the Internet.

Legislation : A bill passed by Congress that becomes a law.

Court case : A formal situation, presided over by a judge, in which legal issues are decided. Court cases normally have a plaintiff (who brings the complaint) and a defendant (who is accused of it), their lawyers, relevant witnesses, and potentially a jury.

Doctrine : A formal statement of how certain circumstances should be interpreted. For example, the “Doctrine of First Sale” states that once a copy of an item is sold, the former owner cannot control what is done with the copy.

Fixed Medium : A material on which words, sounds, or artistic creations can be fixed, and then referred to several times without a change in the creation. Paper, computer storage, stone, canvas&paint, etc., are “fixed mediums”.

Modicum : A very small amount.