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Let’s talk about the subject of copyright and fair use especially as a content creator.
Most creators succumb to Right click. Copy image. Paste. Content creators (and others) tend to use their mouse to right click, copy image, and paste it into their content. Some would call it “borrowing” and most would justify the usage by crediting the original creator as the source. However, some of that won’t change a thing because you may be violating the owners copyright.
In the last 5 years, I’ve learned a lot about copyrights — the good and the bad.
Creators own the copyright from the moment they create it. Unless they transfer those ownership rights or create it as “work for hire,” they get to determine how their creations are used.
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!
U.S Copyright Office
If you’re going to reproduce original content from a third part, obtain permission first. If you don’t, a Civil copyright infringement fines range from $750 to $30K per work infringed according to the University of Arkansas.
The owner of the copyright pursue the litigation route and seek certain monetary damages and attorney fees and sue costing time and a whole lot of money.
When it comes to creators, The Digital Millennium Copyright Act offers another avenue to get the offending creations removed whether they’ve registered the work or not. The creator can issue a takedown notice to internet service providers, search engines, hosting firms, and other online site operators. They send a notice to the person accused of the violation, who can respond but the takedown notice leads the user to remove the material.
Of course, there are some limitations which is decided on a case-by-case basis. However, Creators can’t copyright facts or discoveries – all of that is in the public domain and usable without permission. Another fact, when a copyright expires, the work enters the public domain. It does take a long time though. For works created after 1977, it’s the creator’s life plus 70 years. If the creator is anonymous, it’s 95 years from publication or 120 years from creation, whichever is shorter.
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Disclaimer: The information in this blog is for general informational purposes only and is not legal advice. The author is not liable for any losses or damages related to actions of failure to act related to the content in this blog post. If you need specific legal advice, consult with an attorney who specializes in your subject matter and jurisdiction.
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