The music and media industry is bigger than ever today, especially since the inception of the Internet. However, with so much music and entertainment available, copyright infringement is often a topic of discussion. Below is an overview of copyright infringement laws as well as some copyright law basics. By the end, you'll be an expert at sniffing out copyright infringement.
What is Copyright Infringement?
Copyright infringement is when you copy or use the expression of another’s work. The work doesn’t have to be completely copied for it to be copyright infringement. If it’s too similar to the original work, it can still be determined as copyright infringement. A specific idea may not be protected by copyrighting, but how it’s portrayed may be. For instance, there are many movies about superheroes, but there is only one Spiderman or Superman.
Very seldom does an individual deliberately “steal” the work or ideas of another. In most cases, the individual is using the works for a project without actually realizing that they may be breaking copyright infringement laws.
What Type of Works are Protected Under Copyright Laws?
Although the work that that is most often affected by copyright laws is music, there are various types of work that are copyright-protected.
- Music and lyrics
- Choreographic and pantomimes work
- Literary work
- Photography and graphic arts
- Sculptural work
- Drama and musical productions
- Computer software
- Audio recordings
- Video games
- Architectural works?
What Is and Isn’t Considered Copyright Infringement?
It’s important to realize that when creators copyright their work, they’re protecting it in several ways and have various rights. Copyrighting gives them the exclusive right to alter, distribute, and reproduce the work. They also have the right to display the work in a public place either in an advertisement/brochure or as a production.
If you would want to use their work in any way, you would need to get a license to do so. Otherwise, you may be guilty of copyright infringement if you try to use another’s work in any of the above ways. There are, however, three exceptions or situations where you may to the copyright infringement laws.
- Public domain: If the original copyright has expired, you can use the work without having to get a license. An example of an expired copyright is the Star-Spangled Banner.
- Fair use: A fair use license gives you the permission to use copyrighted work for certain circumstances. These may include reviewing and teaching.
- Non-copyrightable works: If you have not yet put your ideas on paper or some kind of hard copy, it’s still considered non-copyrightable and can be used by another.
No matter who you are, it’s important to be familiar with copyright law basics. Remember to check up on them every now and again to refresh your knowledge, though. They're contantly changing and evolving to provide better protections.
