Copyright Basics
How is
a copyright like a car?
John Doe rented a mid-size car for two days from a rental car company. He signed
a contract and agreed to pay a certain amount of money for the use of that particular car for that specific time. At the end
of the two days, Doe fulfilled his contractual obligation, returned the key and the car, and paid the rental company for the
use. Obviously, use of the car has value for which the rental company expects to be compensated. Why did John rent the
car? He only needed it for a couple of days; renting is cheaper than buying. This is the difference in a license and a buyout.
Now, suppose Doe didn't tell the car rental company that he'd made a duplicate car key. A year or so later,
Doe returned to the car rental lot and drove the car off the lot without a contract or payment. As soon as the rental company
found out that he had used their property without permission or payment, they launched a search for Doe. His unauthorized
taking/use will cost him a lot more than a two-day rental fee.
Cars and copyrights are both "property".
A car is tangible personal property. A copyright is intangible intellectual property. The intangible part is what throws so
many people when we talk about our copyrights.
The U.S. Constitution gave creators a right in the property
they create. Congress enacted laws protecting creators' property rights. Generally speaking, no one has the right to copy
your creation in any way in any medium without your permission. It is illegal for any unauthorized person or company to scan,
copy, duplicate, manipulate, alter, etc. your work without your permission. The law specifically gives creators the right
to copy, reproduce, distribute, display and create derivative uses of their work.
When is a copyright created?
As soon as you create your
work, a copyright is created. When a photographer clicks the shutter, s/he has a copyright in the image that appears on the
film. When a designer creates a promotional piece, when a painter paints a canvas or an illustrator sketches an image, a copyright
exists as soon as the creator's (non-copyrightable) idea is expressed in a medium that can be viewed.
