Beware of these myths about copyrighted materials:

If it doesn’t have a copyright notice, it’s not copyrighted.
That use to be correct. However, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.

If I don’t charge for it, it’s not a violation.
Wrong again. It is a violation if you copy and give copyrighted works away. There are serious penalties and damages awarded if you hurt the commercial value of the property when giving it away.

In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.

As a freelance writer, ideas are your bread and butter. Getting a commission means revealing your idea for a great article to an editor or someone else. There’s no way around it, but how can you prevent people from ripping you off? Here’s what you need to know about UK copyright law.

The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.

A copyright infringement lawsuit can occur for any number of reasons: someone using a song in a podcast or radio program, a writer “borrowing” information from another work, copying video or mp3 off the Internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone “sampling” a song to make another, or maybe a person reselling mp3s online.

Many people are surprised to learn there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection known as “foreign” works.

Pronunciation: ‘publik dow’meyn
Definition: [noun] property rights that are held by the public at large

(Public Domain) The total absence of copyright protection. If something is “in the public domain” then anyone can copy it or use it in any way they wish. The author has none of the exclusive rights which apply to a copyright work.

The phrase “public domain” is often used incorrectly to refer to freeware or shareware (software which is copyrighted but is distributed without (advance) payment). Public domain means no copyright — no exclusive rights. In fact the phrase “public domain” has no legal status at all in the UK.

Just as one owns physical property and real estate, Intellectual Property (IP) allows people exclusive ownership of their creativity and innovation. It gives these people control on their innovations for which they are rewarded and encouraged to create further for the benefit of others.

The Intellectual Property Rights have their roots in the original Constitution which was designed by the Founding Fathers of the nation. It states that the Congress will have the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

The use of a copyright notice is no longer required under U. S. law, but you should still give notice whenever possible. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

Under the 1976 Copyright Act, creators of covered works were required to give notice of copyright on the work in question. This requirement was eliminated when the United States signed onto the Berne Convention in March 1989.

Many artists have asked me recently about protecting their images from online theft. Downloading photos from websites is as easy as 1-2-3 so… what can you do to protect your work, and more importantly, should you be worried about it?

1. Why is your work online?