10 Things You Didn't Know About Copyright

Pissed that your video got taken down from Facebook? Is it because you had music in your video? Shouldn't matter if you bought the CD with the song on it...right? WRONG. There are many things about copyright you may not have considered. And fortunately/unfortunately, we have to abide by these laws. Please stay with me... I know this can seem boring, but it's important. Let's start with a definition: Copyright is a form of intellectual property applicable to certain forms of creative work. Some, but not all jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as "rights holders." These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution. Works include literary, dramatic, musical, artistic such as poetry, novels, movies, songs, computer software, and architecture. (Keep in mind that these are U.S. laws. Most countries agree to these, but not all.)

1. Copyright Does Not Protect Facts, Ideas, Expressions, Systems, Methods of Operation, Titles, Names, Slogans, or Short Phrases.

Although it may protect the WAY these things are expressed, the copyrighted item must be TANGIBLE with the aid of a device or machine. Works become copyrighted the moment they're created into a fixed tangible form. You can file for TRADEMARK protection over some things like a slogan or name, but that is a lengthy and expensive process.

2. Facebook Doesn't Actually Have Little Minion Workers Listening to Every Video Being Posted to Detect Copyrighted Songs.

There are a TON of videos on Facebook that just don't belong on the internet... So why do they get to stay, but mine gets taken down for having a copyrighted song in the background? Facebook doesn't have time to check the millions of videos being posted daily. For the music, they simply have a tracker that detects sound. Nobody actually watches the video. Videos without sound will not get removed unless reported. But if copyrighted music is detected, they can remove your video so they aren't liable (and so you aren't either!). Thanks Facebook!

3. "But I Bought the Song."

You may have bought the song, but you didn't buy the RIGHTS to the song. Just because you bought the song on iTunes or bought the CD doesn't mean you can use it anywhere you like. What you bought is the right to listen to the song in your home, car, or for personal enjoyment. It's legal as long as it's just you and a FEW of your friends/family members listening to it.

4. Saying, "I Do Not Own the Rights to This" in Your Caption...

Saying you don't own the rights just affirms the reason Youtube/Facebook is taking your song down. It is still copyright violation. It would be like stealing a car, then telling the cop who pulls you over that you don't own the rights to that car.

The officer will agree with you, and still lock you up.

The same holds true for saying things like "I'm not making any profit off of this use", "no copyright infringement is intended", or "please don't sue me, Metallica".

5. Parody of Copyrighted Works is Protected as Free Speech

Everett Collection Inc / Alamy

Parody is a constitutionally protected form of free speech. That means that if you want to make a song that sounds a lot like a copyrighted song, but change the lyrics in a way that pokes fun at it, you're okay. This won't help you much with hoop videos, but it's interesting to know. NOTE: Weird Al songs are also copyrighted and can't be used in videos.

6. You Don't Have to Publish/Register the Work for Copyright to be Active.

The moment the work is created, it is protected by copyright. The copyright symbol isn't even needed. The benefit for registration though: Better chance at winning court cases for that extra cash.

7. Fashion Isn't Copyrighted.

However, unique prints, patterns, and and color arrangements can be. Surprised now to see so many knock-offs? Also, images like cartoon characters are also covered by copyright, so all those unlicensed Bart Simpson shirts that appeared at T-shirt stands in the 90s were totally breaking copyright. But green rave hoodies? Totally okay for any shop to make them. This is how you can see "Blonde Dragon Princess" costumes for sale that look just like the outfits of Daenerys from Game of Thrones, but don't technically violate copyright.

8. Works By the U.S. Federal Government Are Public.

These works are for public use as the Federal government is barred from holding copyright in its work. Why do you think NASA's images are open to copy? Laws and statutes are also public. The reason? You lucky taxpayers pretty much paying for the right to have such information.

9. Drawing the Line Between What is and Isn't For Public Use (Music).

Public use TYPICALLY allowed: Radio stations, bars, night clubs, juke box operators, hotels that play the radio for guests through speakers or headphones, restaurants, stores, telephone intercom systems that play music while callers are on hold, and for educational purposes (listening in the classroom). Fees may be included for larger buildings. HOWEVER, if you make a video using that background music, you might be violating copyright even if the venue was not.

10. Does Live Music Count?

Live music IS copyrighted when recorded. The moment you record it, it becomes "tangible", as far as the law is concerned.

There Is Hope...

The powers that be at Facebook and Youtube actually want their users to be able to do things like post hoop videos with music legally. Facebook officials have told the ICC Admin team that they are in talks with record companies right now to try and find a way to allow music in videos. Youtube will often allow background music if you let any ad revenue from viewing your vid go to the copyright holder(s). Until more legal options become available, you can try to find ways to "game the system" with any of the silly editing tricks that other sites might suggest you try, but remember that you are still technically breaking the law, so do so at your own risk. ;)