Creators' Rights and Infringement

By: Timothy Salley
 
BLUE BELL, PA--The Webster‘s Dictionary definition of copyright goes as follows:  “The exclusive legal right, given to an originator or an assignee to print, publish, perform, film or record literary, artistic or musical material, and to authorize others to do the same.”
 
     Copyright infringement occurs when someone other than the copyright holder copies the “expression” of a work. This means that the idea or information behind the work is not protected but how the idea is expressed is protected.
 
     Seemingly since the beginning of time, artists of all types have been hit with major, if not minor, cases of copyright infringement.  As an originator and creator, you own more than just the rights to reproduce works filed with the U.S. Copyright Office and infringement can occur with each right.
 
     These rights include: 

•    The Right to Derivative Works: 

     This is the right to modify work to create new works.  New work that is based off of an existing work is “derivative.”  Copyright infringement here occurs if someone releases or remixes a song that you made without your consent.
 
•    The Right to Distribution:
 
     This is the right to distribute works to the public by sale, rental, lease or lending. Infringement occurs here when file-sharing web services violate distribution rights held by record labels.
 
•    The Public Display Right:
 
     This is the right to show a copy of the work directly to the public by hanging up a copy of the work in a public place, displaying it on a website, putting it on film, etc. Infringement occurs here if the someone other than the copyright holder offers a work for public display.
 
     As media creators, our jobs are to understand and protect our rights to our personal works and not let copyright infringement take a toll. In understanding the many rights you obtain as a creator, specifically as an artist, whether you desire to be a logo designer or a musician, there are clear precautions you must take with protecting your work in order to sail smoothly within any mass media industry.