Copyright What is it
Why copyright exists. Envision this scenario you create a cottage, say, to your own style. It is a lovely, Tudor-style, thatched roof affair, with a little, nicely-kept garden, and a breath-taking view of rolling, verdant green hills offering spectacular sunsets in the evening. Now imagine an individual finds out about your exclusive, quite attractive cottage one day, and moves in whilst you’re out. You come property to suddenly discover you can’t get back in, and this squatter inside is claiming they own your house, that they built it even, and worse, they’ve started renting out the back bedroom for a pretty penny.
To cap it all, they’re now developing duplicate cottages matching your design down the road to sell and earn even far more money. Now imagine there was no law in existence to give you the opportunity to re-claim ownership of your property and no indicates to stop the usurper or win restitution from them for their actions. Transfer this – admittedly crude – analogy to creativity, and that’s why copyright exists. I like how the Irish Patents Office(5) puts it on their web site with regards the Nature of Copyright: “Initial, persons who produce works of the intellect or who invest in their creation and dissemination are entitled as a matter of human appropriate to secure a fair return for their creativity and investment. Secondly, unless the rights of creators and investors to a fair return are supported, the community as a whole would be impoverished by the fact that, in many instances, these works would not be developed or developed.” Our civilization progresses through creativity and innovation. But for creators to generate, they want to eat, they require to live, earn funds, obtain recognition for their work and the stimulus to keep striving when the going gets tough. Copyright exists consequently to make this happen and assist the innovators earn revenue from their creations. Copyright exists to promote creativity and aid creative individuals live from their creativity. Copyright exists since it makes creative and organization sense for copyright to exist. If a writer earns income from their work, they can earn the funds to maintain writing. If an artist earns cash from the licensing and manufacturing of images of artwork, they have income so they can invest their time productively in far more projects. Moreover, copyright exists to encourage innovation and prosperity, for society as a entire as well as for the individual performing the innovating. Take copyright away and you successfully tie the hands behind creatives’ backs. Imagine a world culturally, creatively, industrially and economically deprived due to the fact its innovators weren’t given the reward for – and the power to protect the use of – their endeavours. With that in mind, let’s put my cottage analogy of the prior page into appropriate context now you’re a creative individual, aren’t you? Picture every single time you produced some thing, somebody could come along and copy it, claim it as their own and really most likely make money from it, and without having fear of consequences since there was no law generating their actions punishable. You’d quite soon give up creating wouldn’t you? What’d be the point of all that difficult function when other people could reap the credit and the reward? Fortunately for us, that’s not how it is in the real world. Let’s read once more what the Irish Patents Office says that it is a “…human correct to secure a fair return for their creativity and investment.” I say once again, nicely put. So that’s why copyright exists. But just what is copyright? Copyright is… If you contemplate my crude cottage analogy once more it essentially establishes what copyright is… a property correct. But a property correct that applies, not to land or buildings or vehicles, but to items of the human mind… of our intellect. Creative items, such as literary, dramatic, musical or artistic or filmic function (do not worry, I’ll go into higher detail of work to which copyright applies later). And what can one do with this “intellectual property” appropriate? Well, copyright has some comparable but also different entitlements to other forms of property correct, specifically permitting the copyright owner (or owners) to:
* copy, lend and distribute their work
* license others (i.e. grant written permission) to use the copyright owner’s function
* adapt their work or licence others to do so (e.g. adapt a book into a movie)
* sell their produced work – their intellectual property – to others, and, importantly…
* have powers to quit wrongful infringement of those rights by third parties, i.e. the copying and exploitation of the copyright owner’s function without their permission, as well as…
* obtain recompense in the form of compensation or damages for infringement where loss of revenue has been discovered.
This applies to a copyright owner’s work, regardless of whether or not it’s been published, exhibited or otherwise released to the public for their consumption. Not only this though…
Moral Rights in copyright
A creator and commissioner of a copyrighted function is also entitled under copyright to other rights relating to their function. Referred to as “Moral Rights”, these are:
* the appropriate to be identified as the author (or artist, or photographer, or composer, or director etc.), and to quit a work becoming falsely attributed to them
* the correct not to have their function subjected to derogatory treatment (alteration, re-arrangement or deletion) by other people “derogatory treatment” being where the resulting function is mutilated, distorted, and can damage the creator/author’s reputation
* the correct to privacy when it comes to specific photographs and films (e.g. a commissioner of private photos has the right not to have them published or exhibited to the public where the photos turn out to be copyright works)
Here’s some examples of these above 3 points:
If you flick open the front few pages of any book, you’ll see that the author has asserted their moral right to be identified as the author of that book a proper they have under law to do so(7). Were it a fictional book, and it was adapted into a movie, they’d also have the correct to be identified in the movie as the author of the source novel – unless you set aside the appropriate. Conversely, Alan Moore, whose now legendary unhappiness at the treatment of adaptations of his graphic novels and how he feels they’ve reflected badly on his original function, has prompted him to demand his name be removed from the movies’ credits, such as Watchmen. If for some reason, J K Rowling’s Harry Potter series of books had been knowingly and deliberately credited as my work and not hers by someone else, both she and I could quit it, due to false attribution.(8) If during the editing of this book, I’d felt a third party (an editor, a publisher or printer) had completed a hatchet job on all my difficult work, I could not only let it be identified how unhappy I was with this mistreatment, but I’d have the appropriate to stop it too.(9) Lastly, the photo-portraits of my significant other and I which we paid a expert photographer for, hang on the walls where we live… and nowhere else without having our say-so.(10) See how Moral Rights work? Now I will need to mention there are nonetheless exceptions to Moral Rights they can’t be asserted when copyrighted works are computer programs or personal computer-generated work (developed with out human intervention), or for a typeface style. Also, if the creator/author hasn’t asserted their correct to be identified as the creator/author if that proper applies, the Moral Appropriate hasn’t been violated. In addition, if the creator/author works for an employer who does/will own the copyright of the work you create, you will not have this appropriate either. 5 – Irish Patents Office: http://www.patentsoffice.ie. Copyright – a brief history: http://www.patentsoffice.ie/en/student_copyright.aspx 6 – Copyright – a brief history: http://www.patentsoffice.ie/en/student_copyright.aspx5 7 – The Copyright, Designs & Patents Act 1988, Chapter IV Moral Rights, sections 77-79. 8 – The Copyright, Designs & Patents Act 1988, Chapter IV Moral Rights, section 84 9 – The Copyright, Designs & Patents Act 1988, Chapter IV Moral Rights, sections 80-81 10 – The Copyright, Designs & Patents Act 1988, Chapter IV Moral Rights, section 85.