Core Copyright

Copyright essentials for everyday creators

Posts Tagged ‘Copyright Act of 1909

Copyright Myths & Misconceptions

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Before I delve into the substantive law and theory of U.S. copyright, I will address some common myths and misconceptions I have heard routinely about this topic. As I have outlined previously, copyright now is commonly applicable to people’s everyday actions. This wide applicability, however, has not necessarily resulted in the average Joe and Jane having a higher copyright IQ.

One need look no further than Twitter to see how many of these misconceptions get originated and repeated. I have seen tweets that claimed to copyright a hairdo. I have seen tweets that assumed the year’s passage would allow them to freely copy on Jan. 1 work that was protected by copyright on Dec. 31. (Both statements are incorrect.)

But folks on Twitter are not the only ones who commonly commit basic copyright errors. News journalists — who really should know better — frequently get basic copyright concepts incorrect. Too often reporters conflate copyright and other forms of intellectual property. Even intellectual property lawyers routinely provide incorrect information about U.S. copyright. For example, I have seen posts from intellectual property lawyers that claim “If you find a picture on Flickr, another blog, or somewhere else online and upload it to your own blog (or worse yet, inline link to it from your blog) without permission, you’re committing a copyright violation.” On its face, that is simply an incorrect statement, mainly because it fails to allow for a raft of limitations in the Copyright Act of 1976.

Thus, with this post, I address (and hopefully resolve) some of the common copyright myths I have seen, heard, or encountered in my years of dealing with this topic. Consider this to be the first in a recurring series: I will provide updates occasionally as I come across newer and more interesting or perplexing myths and misconceptions.

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Comparing Core Copyright & Copycense

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Core Copyright and Copycense are complimentary publications that focus on the law and business of creativity and the content that results from it. These publications, however, differ in some substantive ways. This entry summarizes the differences.

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Written by K Matthew Dames

11/23/2009 at 09:00