There are many misconceptions about copyright law, and there are a lot of copyright myths out there about how they work. Here are just a few copyright myths that have been floating around for a while:
1. I can get a copyright by mailing a copy of my work to myself
This is one of the copyright myths I hear a lot about, and it is referred to as “the poor man’s copyright.” This myth has been floating around for quite some time. But there is no basis to it under copyright law. Under the current Copyright Act, you have a copyright as soon as your work is down on paper (or typed up, or otherwise “fixed” so other people can look at it). Registration is beneficial, but it’s not required to actually have a copyright (another commonly held myth). So, the myth is busted – mailing a copy to yourself does not provide any legal benefit.
That said, if you need to prove that your work existed at a certain time in a specific format (e.g. you’re being sued for infringement and need to show your work predated the one you’re accused of infringing), then an unopened, mailed envelope containing your manuscript can prove useful.
2. It’s okay to use someone else’s work as long as I give credit
This one comes up frequently when I give presentations on copyright law. People think that, as long as they cite their source, they don’t have to get permission. Unfortunately, that’s not true. They are confusing copyright infringement with plagiarism. Plagiarism is taking someone else’s work or ideas and passing them off as your own. Plagiarism is not punishable by law, though it can hurt your reputation and have serious repercussions if you’re in academia. Copyright infringement is using someone’s work without permission – whether or not credit was given is irrelevant.
So, does that mean you shouldn’t cite your sources? There are pros and cons either way, but I believe citing your sources is the better way to go from an ethical perspective. Just bear in mind that you still need permission or a good fair-use argument to proceed.
3. I can revoke a license or terminate a contract anytime I want
It would be nice if this were true, but unfortunately, it is not. If you signed a formal contract, you are bound by the terms of that contract, and you can only terminate it if the contract says you can. If the license was not part of a formal contract, you have a bit more leeway, but you are still limited by laws regarding licenses and contracts, and the licensee also has some rights if they started using the copyright before you terminated the license.
I always recommend putting an agreement in writing, and making sure there’s an “out” clause if you become unhappy with the arrangement down the road.
These are just a few of the copyright myths floating around. If you have questions about copyright law, or just want to make sure you understand it enough to stay out of trouble, you are welcome to email me at kaway@kawaylaw.com.
