Copyright FAQ

To answer most of these questions we are quoting from Wikipedia. These answers are not legal opinion or definitive. You need to attain legal advice as a minimum before taking actions that are determined by these answers.

• What is intellectual property?

  http://en.wikipedia.org/wiki/Intellectual_property

  Intellectual property (IP) is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one of these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention by which it is covered.

• What is a copyright?

  http://en.wikipedia.org/wiki/Copyright

  Copyright is a legal concept, enacted by governments, giving the creator of an original work of authorship exclusive rights to it, usually for a limited time, after which the work enters the public domain. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other, related rights. It is an intellectual property form (like the patent, the trademark, and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete.

• What is the difference between copyright and a patent or a trademark?

  Copyright is the legal recognition of a person’s ownership rights to any creative expression, no matter what media or form that expression is delivered. This may be claimed at any time and does not need to be registered. For example a painting, a book, or a sculpture that person authors is protected by copyright. A patent needs to be registered under very strict conditions and protects inventions or discoveries, rather then the way those inventions or discoveries are written or expressed. A trademark needs to be registered and protects words, phrases, symbols, or designs identifying the source of the goods or services.

• When I have a copyright, what rights do I have?

  Copyright is an ownership right. Copyright is the exclusive right to use work and to authorize others to use the work for whatever purpose.

• What is not protected by copyright?

  Copyright protects expression. Copyright does not protect ideas. Copyright does not protect facts, systems, or methods of operation, although it may protect the way these things are expressed. Copyright does not protect titles, names, short phrases, slogans, familiar symbols or designs, mere variations of typographic ornamentation, lettering, coloring, or mere listings of ingredients or contents.

• What is the public domain?

  http://en.wikipedia.org/wiki/Public_domain

  The public domain is a range of abstract materials – commonly referred to as intellectual property – which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The laws of various countries define the scope of the public domain differently, making it necessary to specify which jurisdiction's public domain is being discussed. Furthermore, the public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works.

• Is my design copyright?

  Given that you have not violated any other person’s copyright in creating your design, you work is exactly that, yours. Unless you have specifically come to a legal agreement to cease ownership, that work is yours. So yes, you have copyright. You will need to take legal advice if you wish to enforce your copyright. This may be expensive and the legal outcome may not seem to be logical or fair.

• Does copyright need to be registered?

  No. If you think your have created something of value and want to protect it, then registering your design or creation may give you provable legal rights. If you need an answer in more depth then this, it is time to seek legal advice.

• How do I register my copyright?

  Go to http://www.copyright.gov. This site will provide the access to register your design or creation. Be aware that registration does not negate any other person’s rights. So if you have used some other person’s design as a basis for your work of art, despite registration, when legal matters are judged, you may not win.

• Should I register for copyright?

  This is a question only you can answer. There are costs. Is the investment worth it. This all depends on you and what you want out of registration. Most times, the registration office gets richer and you get poorer.

• What is a copyright notice?

  A copyright notice generally consists of the symbol or word “copyright” or the symbol “©” and the name of the copyright owner, and the year of first publication.

• Do I need to put a copyright notice on my work?

  Copyright is a matter of fact. Do you want to bring notice to the fact that you won something? Generally this has some effect on people ripping off your design. Having a copyright notice or not having a notice legally has no effect. It looks good though and you may feel good putting it on your design.

• Am I liable if I rip off a design?

  Life is full of consequences. Legally, there may be adverse consequences if the owner discovers what you have done, challenges you and takes you to court. If you want to maintain a good reputation, you should take care.

• How do I allow someone to use my copyright?

  Within the system that publishes this information, there are opportunities for you to benefit from allowing legal reuse of your copyright image. You may have provided the image as a royalty image.