COPYRIGHT TALK
Not a Dialogue of Legal Advice
[Librarian and a Student].
Student: I just want to quote liberally from this book in my paper. The author said it so much more eloquently than I ever could. I’m worried I might end up violating her copyrights, tho. Why does there have to be copyright anyway?
Librarian: Well, one of the driving forces behind copyright is to encourage people, like her and you, to create by giving them social recognition and financial gains for their works.
Student: Reputation and money. That tracks.
Librarian: Apart from those “utilitarian” outcomes, copyright also serves to protect those creator’s works from being changed or used in a way the author didn’t intend or wouldn’t approve of. These “author’s rights” insure the integrity of their works. So copyright is pretty important.
Student: So is everything copyrightable? That’s a word, right?
Librarian: Sure is a word. Copyright covers a variety of creative expressions from the moment they are fixed in a tangible form, whether that be printed, painted, recorded or otherwise demonstrable (also a word), at least in the US law.
Student: So once they write something they have to run down to the copyright office to patent it?
Librarian: Well, a patent actually applies to inventions and such; however, you can register your copyright with the United States Copyright Office. Still, tho, you don’t have to, like I said before copyright is automatically bestowed on your work once you’ve fixed it in a tangible form. Having said that, you might want to register it with the government office, in case you ever have to prove it in a lawsuit.
Student: Will I get sued if I use the author’s ideas and facts, then? You know names and dates?
Librarian: No, copyright only protects her unique expression of those ideas and facts. Her eloquence, I believe you called it, is part of that.
Student: Hmm, sounds like copyright covers alot of stuff out there. Are there any exceptions or limitations to copyright?
Librarian: Well, so that works can be studied and interacted within the current culture, copyright doesn’t cover criticisms or parodies. Of course, making this accessible for the visually impaired is also okay.
Student: That makes sense to me. I love a good parody, Weird Al style, he’s such a rebel.
Librarian: Hold on a moment, let me look this up.
[Tap, tap, tap]
Check it out, from Weird Al’s website: “Al does get permission from the original writers of the songs that he parodies. While the law supports his ability to parody without permission, he feels it’s important to maintain the relationships that he’s built with artists and writers over the years. Plus, Al wants to make sure that he gets his songwriter credit (as writer of new lyrics) as well as his rightful share of the royalties”.[1]
Student: Did I just hear you enter a citation?
Librarian: You sure did. Footnote style.
[Student rolls eyes]
Librarian: In any case, copyright laws are applicable around the world. There are over 180 different countries that participate in what is known as the Berne Convention, an agreement which spells out that in special cases, as determined by the country in question, reproduction of works can be made as long as it doesn’t run into conflict with the original purpose of the work or go against the interests of the author. “Author's rights”, etc. For instance in Japan you can broadcast copyrighted materials for class use.
Student: That does seem like a reasonable exception, especially with possible Covid restrictions and on line classes. What about here in the US?
Librarian: Well here we talk a lot about “fair use”. If you are going to use some of the author’s eloquent words, you have to consider the four factor test, as used by federal courts. Fair use is determined by the purpose and character of your use, the nature of the copyrighted work (is it primarily educational in this case?), the amount of the sections you quote, and its effect on the potential market. You don’t want to go around selling other people's works and under cutting them.
Student: Of course not.
Librarian: These are all considerations the court looks at when someone has potentially violated copyright.
Student: Are there any other ways to protect copyrighted works, besides copyright itself?
Librarian: Well there are other methods of protecting intellectual properties in addition to copyright. Although they vary from country to country, these additional rights include what are called “similar rights,” such as Creative Commons licenses, which allow creators more control over how they want their works used. You should check and see if your author set up any CC licenses on her work. That would save you a lot of worry.
Student: I will definitely check, thanks.
Librarian: There are also what they call “related rights”, such as public domain assignation and people who are not the creator being granted copyright-like rights to bring the copyrighted material to the public, as in a performance or a broadcast.
Student: Hold up. I’ve heard of public domain. Isn’t that about old stuff?
Librarian: That is a part of it. One of the most discussed subjects in our library field surrounds the expiration of copyright. When does it become “the old stuff” enough to fall into the public domain, so anyone can use it for anything? In the US it’s the life (or rather death) of the creator plus 70 years before a work enters public domain.
Student: Whaoh, that’s a long time.
Librarian: A lot of people feel that way as well. That’s why often copyright holder companies struggle to get copyright limits extended, companies like Disney. More time more money and control.
Student: Yeah, I heard about that Mickey Mouse Sonny Bono stuff. Is there any other way to get more modern works into the public domain? It would be helpful.
Librarian: Well, glad you asked. Turns out works don’t have to just enter the public domain, they can also be “born” there.
Student: Born?
Librarian: Some works are created that just don’t have copyrights, such as products of government agencies and traditional cultural expressions.
Student: Really?
Librarian: Although the traditional cultural expressions may have other considerations that are sacrosanct, such as rituals and indigenous knowledge that is the purview of the local community. Always err on the side of respect.
Student: Of course.
Librarian: And important to what I’ve been thinking about lately, the Creative Commons also has a tool (CC0) for creators who wish their works to be automatically available in the public domain.
Student: That sounds awesome. We need more of that kind of thing. I’d like to hear more about Creative Commons, but I have to get to class. Thanks for your time.
Librarian: You bet, best of luck with your paper. CC you later.
[1] Yankovic, Weird Al. “Frequently Asked Questions.” "Weird Al" Yankovic, https://www.weirdal.com/archives/faq/. Accessed 2/19/23.
"Copyright Talk - Not a Dialogue of Legal Advice" by Phil Jensen, Tarrant County College is licensed under CC BY 4.0