In the simplest terms, copyright means the right to copy. Only the owner of the copyright, usually the creator of the piece, is allowed to produce or reproduce the work in question or to permit anyone else to do so. Copyright law rewards and protects creative endeavour by giving the sole right to publish or use your work in any number of ways. You may also choose not to publish or to prevent anyone else from doing so. By way of example, the business that creates instruction manuals, descriptive literature, promotion material and price lists or develops computer software has the right to prevent others from copying this creation.
Copyright applies to all original literary, dramatic, musical and artistic works. Each of these general categories covers a wide range of creations. Here are just a few examples:
Literary Works – Books, pamphlets, product literature, instruction manuals, operation manuals, poems and other works consisting of text, including computer programs;
Dramatic Works – Films, videos, plays, screenplays and scripts
Musical Works – Compositions that consist of both words and music, or music only (note that lyrics only fall into the literary works category);
Artistic Works – Paintings, drawings, maps, photographs, sculptures and architectural works.
Keep in mind that copyright also applies to all kinds of recordings, such as records, cassettes, and compact discs, which are called “mechanical contrivances” in the Copyright Act. There is a separate copyright for the musical work, for example, a song, and for the device, such as a cassette that produces the song. Separate protection exists because the song and the sound recording are considered to be two different works.
The word original is key in defining a work that qualifies for copyright protection. Naturally, you cannot obtain a copyright for someone else’s creation. Originality can be tricky to determine, however, and many court cases revolve around the question of whether a work has been copied, even in part, from somebody else’s work.
Copyright means the sole right to produce or reproduce a work, or a substantial part of it in any form. It includes the right to perform the work, or any substantial part of it, or in the case of a lecture, to deliver it; if the work is unpublished, it includes the right to publish it, or any substantial part of it.
copyright is a form of legal protection given to content creators through the assignment of specific rights to works that qualify for protection. The main goals of copyright are to encourage the development of culture, science and innovation, while providing a financial benefit to copyright
Copyright gives authors and creators exclusive ‘economic’ rights to exploit their works, for example to sell or copy them, as well as moral rights, such as to be named as the author, or to object to changes. …
Everyday copyright law affects the way libraries provide information to their users. The first sale doctrine enables libraries to lend books and other resources. … Libraries are permitted to make reproductions of copyrighted works for preservation and replacement purposes
Copyright laws protect the rights of the author, artist or other originator of a creative work to control when and how his work can be copied and disseminated, and it prevents others from appropriating the work without permission.
… It vests the holder with the sole and exclusive privilege of multiplying copies of his creative work by publishing, selling or disposing same for a slated period of time (Rubbin, 2004). Onoyeyan and Awe (2018) define copyrights as rights given to creators for their literary and artistic works. Literary works include novels, poems, plays, reference works, newspapers, while artistic works include paintings, drawings, sculpture and maps. …
I. WHAT IS A LIBRARY COPYRIGHT POLICY?
A library copyright policy is a tool to provide clarity on copyright issues that arise during the provision of library services, and to help manage risk for the library and its parent institution. It should aim to achieve three basic objectives:
Compliance – consistency in managing the copying of copyrighted materials by library staff and users in order to avoid infringing activities, and compliance with the copyright law in your country and the licences applicable to electronic resources in your library.
Guidance – clear guidelines to staff and users of the library on aspects of library services and the use of library resources that relate to copyright.
Education – educating library staff and end users such as academics and students about copyright and what they may and may not do.
The policy should be reviewed and updated regularly to reflect the information environment in which the library is operating, in particular changes in national legislation or to the licences that govern the use of electronic resources in the library, changes to the uses made of library materials by staff and end users or the introduction of new services.
A library may decide to create a copyright policy on its own initiative to provide information to staff and users on an integral aspect of library work. A library may also be asked by the parent institution to develop a policy as part of a wider institutional policy on intellectual property. In either case, a library copyright policy aims to answer common questions asked by library staff and users in relation to copyright and the provision of library services. It often has an FAQ section to help answer common enquiries. A library copyright policy is also a tool to reduce liabilities for the library and its parent institution by providing clear instruction on what is and what is not allowed
The work of libraries depends heavily on the sort of copyright rules in place in their country. Much attention is perhaps paid to the needs of academic and research libraries, who are involved in research copying, document supply, mass digitisation and text and data mining activities.
However, it is also a serious issue for public and school libraries. Indeed, some of the most fundamental library activities – lending, supporting learning, preservation, are either difficult or impossible otherwise.
Twin trends – towards globalisation and digitisation – have made the challenge acute. In a globalised world, researchers, students, and even ordinary citizens expect to be able to access information without being faced with national borders.
Yet a WIPO study shows that libraries and archives work under a patchwork of provisions that differ in scope and effect from country to country, making cross-border working unnecessarily complicated.
At the same time, the shift to digital formats has allowed a much greater degree of control over what libraries and their users can and cannot do with the materials to which they have access. This can threaten their traditional roles of providing access to knowledge and preserving our cultural and scientific heritage (Access and Preservation).
The legal framework of copyright limitations and exceptions therefore needs to be updated to enable libraries to provide users with both historical and new services. The case for exceptions to copyright, as a means of ensuring that the monopoly rights granted by copyright do not work to the detriment of the public interest, is as strong as ever
ADVANTAGES OF COPYRIGHT
Legal evidence: This is the biggest and most significant benefit of getting a copyright registration done. With a copyright in place, your work is legally denoted to be yours. This keeps it safe. And if anyone infringes or tries to replicate your design, idea or product, you can cite the registered copyright in a legal argument. This will automatically and swiftly tip the scales in your favour. Without a copyright, you may find it difficult to contest such an issue. However, with a copyright registered beforehand, such issues can be sorted easily.
Public notice: Next, we have another significant advantage of copyright registration. When you copyright your work, it is documented in your name. Not only does this protect your work, it also gives you the ownership and spreads your name more freely in the public domain. This gives you a face and credibility to your design or idea. It also prevents others from taking ownership and wrongfully claiming they invented or manufactured that particular body of work. No one can claim to have not known about your ownership and used the work as their own. This can go a long way in protecting your reputation in your field of work, which in turn can translate into monetary as well as honorary profits.
Seeking damages: Not only is plagiarism a threat to the economic health of your business, it is also a treat to your status and standing. So, if due to any unfortunate event you do end up in a copyright infringement tangle, you can seek damages from the perpetrators. However, this can only happen if the copyright is correctly registered in your name. Without that, you won’t have a base to build your case upon. So, take stock of any future mishap that may happen and register your copyright without any further delay.
Early registration: You may have a few years in your hand to register the copyright, but it makes sense for you to take advantage of an early registration. This is important because if you procrastinate, someone else may swoop in and register something similar in their name. And then you will have no right over your original design, idea or product, even though you are the rightful owner of it. It is very simple to carry out a copyright registration in your name. The process can be completed online in a short span of time. So, do not wait for an eventuality to strike, because then it may be too late to go back and restore the prospects of your organisation.
Helps you stand out in the crowd: At every step of life, there is tremendous competition. You may find yourself lost in a crowd of competitors when you start a business of your own. However, a copyright registration may come in handy at such a time. By copyrighting even a small item, you will make it inaccessible to your competitors. This will make you stand out in the crowd and give an instant push to your profits. Do not forget this very useful advantage of copyright registration when you start your own business.
DISADVANTAGES OF COPYRIGHT
Copyright is a form of protection that attaches to an original work of authorship the moment the work of authorship is fixed in a tangible form: for example, a drawing the moment it is put onto paper or a song the moment it is recorded onto a compact disk. The advantages of copyright protection overwhelmingly outweigh the disadvantages. There are nevertheless several disadvantages to keep in mind.
Copyright protection prohibits individuals other than the owner from reproducing, displaying or performing the protected work. Thus, copyright protection may prevent your work from being disseminated as broadly or as quickly as you might like. This is primarily a disadvantage for an author seeking public attention rather than financial gain. For example, an unknown musician may want to get her music out into the public in order to generate interest. However, people may be reluctant to distribute her songs through the Internet and other media due to a fear of copyright
Copyright offers limited protection. For example, copyright protects a particular expression of an idea (as in images, words or sounds) but it does not protect the idea or concept itself. Thus, if you draw a picture of a new type of shower head, others will be prohibited from copying the drawing, but they can still use the basic premise to build an actual shower head. Thus, a disadvantage of copyright protection is that, because people assume copyright protects more than it does, they may neglect to obtain other forms of applicable protection: in this example, patent protection.
Copyright protection does not last forever. The duration depends on several factors. Generally, protection for a work created on or after January 1, 1978 lasts 70 years following the death of the author. Determining the duration of protection for a work created prior to January 1, 1978 is more complicated and depends on a host of factors, including whether the work was published and whether the author or his family applied for an extension. This presents problems for people attempting to use a particular work legally, as they must do some research or contact the U.S. Copyright Office to determine whether the work has entered the public domain or else risk committing copyright infringement.
In order to bring a copyright infringement suit in court, you must register your work with the U.S. Copyright Office. Moreover, registration must be completed within three months after publication of the work or prior to an infringement of the work if you wish to seek statutory damages and attorneys fees. Unfortunately, registration takes time and requires a filing fee.Benefits of copyright: –
Copyright is all about balancing the rights of authors with the rights of the public to use the work without seeking permission or paying royalties. Under copyright, authors have the right to control the use of their work subject to exceptions permitted under the law.