What is copyright and what constitutes fair use? Do I need to register a copyright for my creative work to be protected? How long is a work copyrighted, and when does it enter the public domain? Are there advantages to using creative commons licensing or copyright?

In a recent course I took at the Brooklyn Brainery, our class took these questions head on to discuss the need to protect creative work and limit the exploits of copyright trolls. Sometimes referred to as intellectual property, copyright is a kind of property right (and a Constitutional Right in the US) which protects the use of creative work. Of course creative work is unique compared to other kind of property, so copyright is created whenever it’s “fixed in a tangible form of expression” by its creators, whether it’s a written novel or a music recording. Copyright gives its owners the exclusive right to reproduce the work, derivative works, and public performances of it.

There’s a careful legal balance between protecting the intellectual property rights of their owners and promoting the free expression which is guaranteed as a constitutional right.  For example, in the music recording industry many musicians don’t profit from sales of their recordings after they cede to their labels/distributors ownership to copyright for their work, sometimes waiting years to regain the copyright to their own songs. Likewise the creators of mash-ups and remixes such as Girl Talk make a legal balancing act necessary to avoid infringing on copyrights while using elements of old recordings to create something new.

While media law is a continuously evolving field and largely a matter of interpretation for the judges, over time some precedence has emerged that provides some legal framework. As we learned in our class for general purposes, here’s the four requirements you need to meet for Fair Use of copyrighted works: Continue reading Introduction to Copyright and Fair Use →