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{"id":6922,"date":"2015-05-05T15:57:56","date_gmt":"2015-05-05T15:57:56","guid":{"rendered":"http:\/\/buildbookbuzz.com\/?p=6922"},"modified":"2023-12-07T21:37:36","modified_gmt":"2023-12-07T21:37:36","slug":"copyright-basics-for-authors-and-writers","status":"publish","type":"post","link":"https:\/\/sandra.oddjar.com\/copyright-basics-for-authors-and-writers\/","title":{"rendered":"Copyright basics for authors and writers"},"content":{"rendered":"

Several recent incidents have shown me that many authors, writers, and marketers don’t understand copyright law. I asked one of the best author attorneys I know, Sallie Randolph, to explain it here because understanding the law will protect you from legitimate demands for\u00a0fees for using copyright protected text or images.\u00a0<\/em><\/p>\n

Sallie is a practicing attorney, freelance writer, and publishing consultant. She concentrates her law practice on the representation of authors, often consulting with or serving as co-counsel to other attorneys on publishing cases. A frequent speaker at programs for lawyers and writers, she has also taught law, writing, and journalism in a variety of educational settings, including several years at the\u00a0University\u00a0of Buffalo\u00a0Law School, where she developed a copyright compliance program, instructed and supervised law student interns, taught courses in publishing law and legal ethics, and directed a publishing and copyright clinic. She has also taught media law for journalism majors at Buffalo State College and professional writing for numerous institutions. \u00a0Learn more at AuthorLaw.com<\/a>.\u00a0<\/em><\/p>\n

Copyright\u00a0basics for authors and writers<\/strong><\/h3>\n

\"Sallie<\/a>By Sallie Randolph<\/strong><\/p>\n

Every author, writer, freelancer, and content creator needs to understand copyright.\u00a0 You need to understand and protect your own copyright rights, and, equally important, respect the copyrights of others.<\/p>\n

What is copyright?<\/strong><\/h3>\n

The word copyright means, literally, the right to copy. It is the legal expression of a fundamental property right that has since existed since the earliest civilizations, but only emerged as distinct legal right after invention of the printing press. Before printing, the rights in words and symbols were perceived as a single property right that arose as soon as they were carved in stone, painted on skins, written on papyrus or fixed in another tangible medium of expression.<\/p>\n

Printing technology didn’t change the concept of written works as property, but it triggered awareness of an important distinction — the difference between the tangible object upon which written words were fixed and the intangible expression of a unique work created through the writer’s selection and arrangement of those words.<\/p>\n

This distinction between physical property and intellectual property formed the basis of copyright law. Copyright was the first intellectual property right recognized in law as the technology revolution unraveled new strands in the ancient bundle of intellectual property rights.<\/p>\n

Exclusive rights of the copyright owner (section 106 , title 17, U.S. Code) are:<\/p>\n

    \n
  1. To reproduce the work.<\/li>\n
  2. To prepare derivative works.<\/li>\n
  3. To distribute copies or phonorecords of the work to the public by sale, rental, lease, or lending.<\/li>\n
  4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the work publicly.<\/li>\n
  5. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.<\/li>\n
  6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.<\/li>\n<\/ol>\n

    The creator of copyrightable subject matter owns a copyright at the moment the work is \u201cfixed in a tangible medium of expression.\u201d\u00a0 But enforcement and protection of copyright rights takes effort:<\/p>\n