Dispelling Myths About Copyright Protection on the Internet

Dispelling Myths About Copyright Protection on the Internet

In this age of information sharing made super simple via the Internet, many people have erroneous ideas on how copyright protection works online. The fact is, copyrighted works are protected no matter where they appear — in a book or a gallery or online.

Unfortunately, since we live so much of our lives on the Internet, many of us are unaware of how copyright protection works there. Here are some common myths and the truth about copyright protection on the Internet:

Myth: If it’s in the public domain, I can use it without permission.

Actually, the term “public domain” simply refers to works that an author or creator has chosen not to protect or copyrights that have lapsed. Therefore, they are works without copyright protection.

Creators of works posted on the Internet have the right to assert copyright protection for those works. Once the work is complete by the creator, it belongs to that person and that person is the only one who has the right to make copies of it. Copyright registration enables a creator to enforce their rights; it does not grant the rights.

Myth: I am not using the work for commercial purposes, so it qualifies as fair use.

Fair use is highly specific and is not granted for just any noncommercial purpose. If you are teaching an art class to underprivileged children and copy a coloring book to give to them, you are violating the author’s copyright. In general, fair use of a copyrighted work is limited to commentary, criticism or parody.

Myth: I am only copying a small part of a larger work, so this does not infringe on a copyright.

Sometimes you can use a small part of an existing work and not infringe on the copyright, but there is no clear definition in the law as to what constitutes a small part. It actually depends on the work you are copying. If it is something so generic like directions on how to microwave a potato, this is considered a nonexpressive work and you can probably use almost all of the instructions without infringing. However, if you are copying an expressive work like a poem, this could be considered infringement.

We can help you protect and defend your intellectual property rights at home and abroad. Contact one of the experienced Florida IP attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

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