Why is it important for writers to know what materials they are free to use and what materials they cannot use without leaving themselves open to charges of “copyright infringement”?

What does it mean when a work is “copyright protected”? And why is it important for writers to know what materials they are free to use and what materials they cannot use without leaving themselves open to charges of “copyright infringement”?

Copyright laws protect the rights of the people who create original works, and if someone owns the copyright on a work, this means that he or she is the sole owner of that work and possesses the exclusive right to do the following:

1)     Reproduce the work in any form, which includes making copies

2)     Use the work to create other works, including updated versions

3)     Distribute copies of the work to the public via selling, renting, leasing, loaning, or transferring ownership

4)     Display the work publicly, including dramatic productions, pantomimes, pictures, graphics, or sculptures

Works protected under copyright law are original works of authorship, even if they have not been published or distributed to the public. Works that are not protected under copyright law are considered “common property” and include works with no original authorship and those not fixed in a tangible form.

However, what falls under each heading?

Protected Works:

1)     Literature: books, poems, short stories, articles, essays, and even comic books 

2)      Plays: dramatic compositions or performances 

3)     Screenplays: stories written for production as movies, or scripts that are based upon a novel or existing short story

4)     Music: vocal and instrumental recordings, including DVD’s, CD’s, cassette tapes, video tapes, and even the old fashion 33’s, 45’s, and 78’s

5)     Art: paintings, sculptures, sketches, lithographs, etchings, etc.

6)     Film: movies whether they are made by a major studio, an independent studio, or an individual

7)     Photographs: images created through the photographic process

8)     Graphics: drawings, designs, charts, diagrams, etc.

9)     Computer Software: any computer program or data from a computer, such as Windows, Microsoft Office, Norton Anti-virus, etc.

Unprotected Works:

1)     Titles of literary works, films, plays, poems, etc.

2)     Improvised Speeches: speeches given without formal preparation or fixed in any tangible form, such as writing

3)     Familiar symbols: symbols recognized and used by the majority of people but whose creators are unknown, for example, the peace sign, the yin and yang symbol, etc. 

4)     Standard Calendar: table or chart that shows the arrangement of days and months within a year

5)     Concepts: ideas or thoughts that have not been fixed in a tangible form such as writing, recording, film, etc.

I hope this helps clarify what does and does not fall under copyright protection. After all, copyright infringement is a serious offense; and if someone is found guilty of copyright infringement, he or she can be heavily fined or even sued. So play it safe. If you ever have any doubt whatsoever about something you intend to use in your writing, remember the old adage: “It is better to be safe than sorry;” and with this in mind, do not use the material at all.