Ethics and Copyright

We often hear the term 'copyright' being used--particularly concerning music and movies--but what is it, and how do we know if it applies to us?

The first step to understanding copyright is to understand the meaning of the words involved.

According to Merriam-Webster.com, a copy is ‘an imitation, reproduction, or transcript of an original (definition of COPY, n.d.) and right means ‘in accordance with what is good, proper, or just’ (definition of RIGHT, n.d.). If we put them together, we get:

So...copyright is about balancing a creator's ability to share and publish their work with other people's desire to use that work in a proper and just way.

Copyright is automatic. You do not need to apply for it or use the copyright symbol ©. The symbol only acts as a 'reminder' that copyright still applies.

Everything published is covered by copyright. This encompasses:

• printed material: books and magazine articles
• music: lyrics, melodies and compositions
• art and illustration
• dramatic performances: including dance choreography.

Anything that can be created creatively, published and can be attributed is protected by copyright.

In most cases, the copyright owner is the person who created the work, and it is their decision or choice to grant permission to others to use their work.

If you create and publish work as part of your employment or the work was commissioned and paid for by a client, then the employer or commissioner is usually the copyright owner.

Intellectual property (IP) refers to new or original innovations and creations of the mind. In essence, copyright could apply to the unrealised ideas that usually happen before something is created.

Intellectual property is not covered by copyright in the same way, but you can still be protected by registering your IP. This can include:

• registered trademarks: a brand name or logo with the ® symbol, eg Trade Me®
• designs: the appearance or shape of a product design
• patents: typically a new product, process or material (the easiest way to think of these is an invention)
• plant variety rights: a new type of plant (e.g. a gold kiwifruit or a new apple variety).

Within the United States copyright law, there is the concept of 'fair use' with the inclusion of derivative and transformative work.

Derivative work is work based on or derived from one or more already existing works. It is considered derivative if the work extends an existing work, like a sequel to a book or movie or a story that uses the same characters.

Fanart, or artwork created by fans that depict characters and other aspects of existing creative work, is an example of derivative work.

Copyright of the original work still applies to derivative work, and permission is required from the copyright owner.

Transformative works present existing work in ways that subvert its original meaning or significantly alter how it is perceived. Transformative work is often allowed without seeking permission.

'Parody' is an example of transformative work. Some examples of works considered transformative and not transformative can be found here.

Be aware, if the work is not transformative, it is likely to be derivative and that not all transformative work is permissible. Also, not all derivative work requires permission.

The digital sharing of copyrighted work without permission is referred to as 'piracy'. You have most likely heard of it concerning music and film; however, it applies to all digital work.

While it is impossible to stop, there are some steps you can take to discourage others from using your work without permission.

Watermarking

Adding a visible watermark to images, photos, illustrations and videos, or placing audible watermarks in audio tracks makes the work challenging to use.

As a general rule, a watermark should:

• be small and monochromatic--or have very little colour (large, coloured watermarks detract from the image as they can compete with the subject too much)
• be placed in a discrete area of the image that does not interfere with the view of the image but will make it more difficult to remove or clone out
• have limited text--if the watermark is small, then having text will be all but near impossible to read.

Lower resolution

Keeping the resolution of the work you are displaying online 'low', so it is not suitable for print or enlarging, makes it less likely that it can be used.

Make it obvious how to get permission and access an unwatermarked and higher quality version of your work. If it is easier to get permission than to try and steal your work then you might find that is what people will do.

When the copyright for a piece of work expires, the work enters the 'public domain'.

Works in the public domain do not require permission to copy or adapt. You can use and distribute works in the public domain.

As a general rule, copyright is in place for the creator’s lifetime and up to 50 years after their death. However, it is crucial to establish if a work is in the public domain before using it.

The guide available here will helpful.

Creative Commons licenses make it easier for creators to share and allow the use of their work without the hassle of having to approve each new use.

There is a range of licences that can be assigned to work with varying degrees of restriction.

The most open licence is the Attribution CC BY. This licence lets others distribute, remix, adapt and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licences offered and is recommended for maximum dissemination and use of licenced materials.

Take a look at the Creative Commons website for more information on licences and their definitions.

Copyright licencing is the process of obtaining permission from a copyright owner to use their work.

Companies like shutterstock.com or adobe offer image and video licensing for individual images or as part of a subscription, giving access to an entire library.

There are websites like unsplash.com or pexels.com that offer free licences to use the content they provide.

In this topic, you learned that copyright is about balancing a creator's ability to share and publish their work with other people's desire to use that work in a proper and just way. It is automatic. You do not need to apply for it or use the copyright symbol ©. Everything published is covered by copyright including;

• printed material: books and magazine articles
• music: lyrics, melodies and compositions
• art and illustration
• dramatic performances: including dance choreography.
• Anything that can be created creatively, published and can be attributed is protected by copyright.

Intellectual property (IP) refers to new or original innovations and creations of the mind. Intellectual property is not covered by copyright in the same way, but you can still be protected by registering your IP.

Protect your work by applying watermarks and keeping the resolution of any work displayed online low.

Within the United States copyright law, there is the concept of 'fair use' with the inclusion of derivative and transformative work.

• Derivative work is work based on or derived from one or more already existing works. It is considered derivative if the work extends an existing work, like a sequel to a book or movie or a story that uses the same characters. Copyright of the original work still applies to derivative work, and permission is required from the copyright owner.
• Transformative works present existing work in ways that subvert its original meaning or significantly alter how it is perceived. Transformative work is often allowed without seeking permission.

Works enter the public domain when the copyright expires. Works in the public domain do not require permission to copy or adapt. You can use and distribute works in the public domain.

Copyright licencing is the process of obtaining permission from a copyright owner to use their work. Companies like shutterstock.com or Adobe offer image and video licensing for individual images or as part of a subscription.