Copyright basics: what authors and users should know

Key Takeaways:

1. Understanding Copyright: Copyright is a legal protection automatically applied to a designated piece of work presented in a fixed form. This includes a wide range of media such as photographs, motion pictures, digital content, visual arts, performance arts, literary arts, and more.

2. Avoiding Copyright Infringement: Intellectual property is considered stolen when it is used without explicit permission from the copyright owner. To avoid infringing on someone else's copyright, remember: if you didn't create it, don't use it without permission, even if you attribute correctly.

3. Taking Action Against Copyright Infringement: If your intellectual property is stolen, you can report it either by registering as the copyright owner and taking legal action or by reporting it to the platform where your work was published. Platforms like Instagram offer built-in tools to help with this process.

Content is everywhere. It is all around us. Even now, this post is considered a copyrighted material and can only be used by you with our explicit permission. There’s a lot of misinformation floating around the internet on how you can use intellectual property and when that use turns into stealing.

There are a few basic things you need to know in order to avoid infringing on anyone’s copyrights. This information is also useful if you are looking on how to protect your own work. So here are some basics in copyright.

What is copyright?

In most basic terms, copyright is a designated piece of work that is presented in a fixed form. This means that all your pictures on social media, blog posts, videos, songs – you name it, it’s automatically protected by the copyright.

Although no longer legally required, the © symbol can still sometimes be seen on some content. As it stands, right now everything you release into the wild is YOURS by default.

What types of media does the copyright protect?

The protection right now is pretty broad. For the most popular categories, these are automatically copyrighted:

• Photographs – both commercial - for sale - and personal – e.g. selfies for Instagram.

• Motion pictures – big and small movies, television shows and Youtube videos.

• Digital content – all blogs, websites, landing pages, etc.

• Visual arts – any painted or otherwise created physical artwork and photos of it.

• Performance arts – any music, its melody, lyrics and so on.

• Literary arts – all books, articles, poems, journals, etc.

• And more.

What constitutes a stolen intellectual property?

Intellectual property is considered stolen, when it is used without explicit permission from the copyright owner. It does not matter which medium the stolen property is used or transformed into. Whether someone copies an entire book and releases it as their own, or an image is cropped and re-shared on social media.

Any and all of these infringements on copyrights can and should be disputed. For those worried that they might use someone’s creations without realising, here’s an easy rule to follow: if you didn’t make it, you should not use it – even if you attribute correctly. Ask the author before publishing.

What action to take if your IP was stolen?

First you must know where to report it. Here you have some options. If you want to sue a specific person or platform that has stolen your IP, you will need to be registered as the owner of that copyright.

If you are in the US, the Copyright Office accepts applications within 90 days since the work has been published. It means that if you published your creation on 1st of January and it was stolen on 1st of February, you still have 30 days to register and use the registration for legal action. We always recommend checking with your local authorities of the regulation regarding the legal process of IP disputes.

If, however, you are using a platform to publish your work, like Instagram, there are built-in tools to help. When you find your stolen IP, screenshot it with a date and time stamp. Report it to the platform and describe the situation in as much detail as possible. Every little piece of evidence will help your case. Each platform has their own rules and regulations, but generally they take serious action on stolen content.

What is fair use and when does it apply?

Final note on IP theft. A common excuse for the thieving party is citing fair use of the content. People tend to say that they used the content without the intention of profiting from it, ergo it falls under the Fair Use doctrine.

So, you might have probably guessed that it’s more complicated than that. And you’d be right. In essence, Fair Use DOES give some exceptions to the exclusive rights the creator has to their content.

The most notable examples are if the material is used for parody, commentary, criticism or showcasing. For example, if your work is being used on a Late Night show, or in a news segment – that should not be considered theft. However, the line where Fair Use begins and ends can be pretty narrow. Lawyers check for this determination by going through 4 points of check-up:

• Whether the purpose of the use was not-for-profit or educational.

• Whether only small part of work was taken, or the entirety of it.

• Whether there was an effect on the value of the work or its place in the market.

• What is the general nature of the work?

Anyway you put it, it’s best to consult the author about your ability to use their creation under Fair Use or otherwise. And just like with every other case, never forget to accredit the author and send your audience their way.

Frequently Asked Questions

What does copyright protect?

Copyright protects a wide range of media, including photographs, motion pictures, digital content like blogs and websites, visual arts, performance arts like music and its lyrics, literary arts like books and articles, and more.

How can I avoid infringing on someone else's copyrights?

To avoid infringing on someone else's copyrights, you should not use someone else's work without their explicit permission, even if you attribute correctly. If you're unsure, it's always best to ask the author before publishing.

What should I do if my intellectual property is stolen?

If your intellectual property is stolen, you have several options. You can register as the copyright owner and take legal action against the person or platform that has stolen your work. If you're in the US, the Copyright Office accepts applications within 90 days since the work has been published. Alternatively, if you're using a platform to publish your work, like Instagram, you can report the infringement to the platform.

What is fair use and when does it apply?

Fair use is a doctrine that provides some exceptions to the exclusive rights a creator has to their content. It typically applies when the material is used for parody, commentary, criticism, or showcasing. However, the line where fair use begins and ends can be narrow and it's always best to consult the author about your ability to use their creation under fair use.

How does copyright apply to social media?

All content presented in a fixed form on social media, including pictures, videos, and posts, is automatically protected by copyright. This means that such content should not be used without explicit permission from the copyright owner, even if it's just being reshared on the same platform. If someone else's content on social media is used without permission, it constitutes copyright infringement.

Where to find royalty-free music?

For royalty-free music, visit gemtracks.com. They offer a diverse collection of free instrumentals and backing tracks suitable for videos, podcasts, and more. Available in MP3 and WAV formats, these tracks can be used freely, including for commercial purposes, provided you credit and link back to gemtracks.