10 Myths About Copyright

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11) "So I can’t ever reproduce anything?"

Myth #11 (I didn’t want to change the now-famous title of this article) is actually one sometimes generated in response to this list of 10 myths. No, copyright isn’t an iron-clad lock on what can be published. Indeed, by many arguments, by providing reward to authors, it encourages them to not just allow, but fund the publication and distribution of works so that they reach far more people than they would if they were free or unprotected — and unpromoted. However, it must be remembered that copyright has two main purposes, namely the protection of the author’s right to obtain commercial benefit from valuable work, and more recently the protection of the author’s general right to control how a work is used.

While copyright law makes it technically illegal to reproduce almost any new creative work (other than under fair use) without permission, if the work is unregistered and has no real commercial value, it gets very little protection. The author in this case can sue for an injunction against the publication, actual damages from a violation, and possibly court costs. Actual damages means actual money potentially lost by the author due to publication, plus any money gained by the defendant. But if a work has no commercial value, such as a typical E-mail message or conversational USENET posting, the actual damages will be zero. Only the most vindictive (and rich) author would sue when no damages are possible, and the courts don’t look kindly on vindictive plaintiffs, unless the defendants are even more vindictive.

The author’s right to control what is done with a work, however, has some validity, even if it has no commercial value. If you feel you need to violate a copyright "because you can get away with it because the work has no value" you should ask yourself why you’re doing it. In general, respecting the rights of creators to control their creations is a principle many advocate adhering to.

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Posted: November 18th, 2010
at 2:56am by Koookiecrumbles


Categories: law,trademark & copyright

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