It is very common to see an image and want to use it in your own publication. But did you know that you could possibly be violating copyright law without even knowing it? Copyright law can be a very confusing matter, but it is something we should all be aware of, even if only in the most basic terms.

Excerpt from “Circular 1, Copyright Basics” written by the United States Copyright Office:

What is Copyright?

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of the copyright the exclusive right to do and to authorize others to the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio-visual works;
• To display the work publicly, in the case of literary, musical, dramatic, and coreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audio-visual works; and
• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the Visual Arts.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctring of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.

Confused yet? I know I am, and I just quoted it. Ok, well maybe only a little confused. So let’s see if we can figure this out.

First, let’s review what copyright protects. The list above is pretty straightforward about this. Just keep in mind that if you are not the author or the owner of the copyright, then you must have permission to use, reproduce, or distribute the work. As a general rule of thumb, ask if you can use something. Just because you do not see a copyright statement or the image does not have a watermark does not necessarily mean you have the full right to use it. As the author, that person (or persons) have the right to be credited for their work. Sometimes they will even require payment for use.

In some cases you can find the author’s terms of use. If you are able to find this, then be sure to read it thoroughly to ensure that you do not infringe on any copyright laws. If you are still not sure, then all you have to do is ask.

Copyright is something that you definitely want to keep in mind when locating images and sounds from the Internet. Just because someone has posted it online does not mean they are giving everyone permission to use their works. The author would have to surrender the work into the Public Domain for it to be freely used. 

In the case of images, some people will go as far as to watermark the image to indicate that it is copyright protected. This can be any sort of symbol that is “ghosted” on top of the image. If you see this in an image DO NOT REUSE IT and DO NOT try to edit it out. That is copyright infringement. You will have to contact the author and ask for permission. This is most common with stock photo houses that offer royalty free images such as iStockphotos.com and Fotosearch.com. To use these images, you will have to pay for them first. You are only paying a one time fee, and not a fee for everytime the image is displayed or reproduced. The price can vary on the terms of use and the size and resolution you wish to purchase. There are some websites through which the authors freely distribute their work and only ask for credit when using their images. One such site is MorgueFile.com. You will just need to keep in mind the photographer’s terms of use before using the image.

So who is considered the author or owner of the copyright? The author is the person who created the work, except for in the case of work made for hire. Another excerpt from “Circular 1, Copyright Basics” written by the United States Copyright Office:

Section 101 of the copyright law defines a “work made for hire” as:

1. a work prepared by an employee within the scope of his or her employments; or
2. a work specially ordered or commissioned for use as:
   - a contribution to a collective work
   - a part of a motion picture or other audiovisual work
   - a translation
   - a supplementary work
   - a compilation
   - an instructional text
   - a test
   - answer material for a test
   - an atlas
   if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

So what exactly does copyright protect? When creating a work there are two major requirements, an idea and the execution of that idea. The idea is not protected. You cannot prove who the originator of an idea is, but the execution of the idea can be proven and is protected. Once you have executed an idea, you have made it into a tangible object. Once this is created, it is automatically protected by copyright law. A statement is not required to indicate that something is protected, and neither is registering it with the Copyright Office. But it can definitely help, especially if you think that you may need to file a claim.

Just keep in mind that just because you own a work does not necessarily mean that you own the copyright. This is why many printing companies will not reproduce your photos unless you can provide proof of copyright ownership or permission. This is mostly for photos that appear to have been professionally taken. Yes, you will need a statement of copyright to get Wal-Mart to reproduce those nice and expensive family portraits you just had done.

There are some exceptions that fall under the “fair use” doctrine. This allows someone to quote or use a clip of something when used as part of a discussion or to help enhance a point being made. But keep in mind that you MUST cite the author, and if known, the source of the clip, such as the book or movie title.

These are just some basic things to help understand copyright a little better. The following links are helpful resources for copyright law:

• United States Copyright Office
• Wikipedia article on Copyright
• Wikipedia article on Berne Convention for the Protection of Literary and Artisitic Works
• A brief intro to copyright by Brad Templeton
• 10 Big Myths about copyright explained by Brad Templeton

 

This article is not to be considered as legal advice. This article is only the interpretation of a single person.