While in elementary and high school, most of us were exposed to myths, especially in literature and history class. A myth could be as simple as George Washington’s admission that he cut down the cherry tree or how Zeus punished Atlas’ arrogance by forcing Atlas to carry the heavens on his shoulders. While we may enjoy the story and whatever moral lesson it teaches, we often overlook another dimension of the myth—namely, its falsity.
In copyright, there are many widely held beliefs that are false. And though those myths may not capture our imagination as much as a Hopi origin story or the Trojan horse, they can prevent us from successfully managing and protecting our intellectual property.
Let’s look at some of the most popular copyright myths.
- You can quote from authors of all kinds as long as you give them credit for the material you use. True or false?
False. If you are quoting materials that are still protected by copyright, this is indeed a myth. There is no recognized minimum or maximum number of words you may copy from a writer, poet, lyricist, journalist, reporter or blogger that does not require the written permission of the creator or their publisher and, possibly, some payment for its use. Still, there is one blessed exception to the rule—are the materials you want to use still protected by copyright? As of January 1, 2024, if the materials were published prior to January 1, 1929, then they are most likely in the public domain and available to you.
- You can use any materials that are published on the internet. True or false?
False again. No matter what you see on a computer screen, expect someone to own it unless there is a clear statement otherwise. If the author or content creator has been thoughtful enough to include a copyright notice, it is unlikely to be apparent until you scroll to the bottom of the home page. Even then, the copyright notice may be buried in the terms and conditions. US copyright law is no help. Since March 1, 1989, the US Copyright Act has not required an owner or publisher to include a copyright notice in any format. Unfortunately, this only increases the reader’s risk when copying internet content. User beware when it comes to the internet–accessibility is not a synonym for fair use.
- If there’s no copyright notice, the material isn’t protected by copyright and must be free to use. True or false?
False. We touched on this in the preceding paragraph but it’s worth repeating for off-line as well as on-line materials. Although US copyright law no longer requires a creator to include a copyright notice, wise creators still include notice. Otherwise, if you are the victim of infringement, the infringer can claim their infringement was innocent because there was no notice. Assuming you have proven your case, the judge is likely to reduce the damages the infringer may have otherwise had to pay because of their supposed lack of intent. Clearly, its best to include a copyright notice.
- If you hire a ghostwriter, cover artist, photographer or other content creator, once you pay them, you own the copyright in what they created for you. True or false?
Let me count the ways to say false. The situation described here is what we call “work for hire.” Suppose you ask an artist to design the cover for your book and the two of you agree to a price. At that point, and before the artist begins their work, one of you needs to prepare a written agreement listing (i) the parties, (ii) the work the artist will perform, (iii) the price you are to pay, and (iv) that, upon creation, the artist is transferring their copyright ownership in what they created to you in perpetuity, throughout the universe, and in all forms of media now known or yet to be devised. Don’t forget to have the artist sign and date the agreement. Payment alone will not transfer the artist’s copyright to you.