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Shattering A Few Myths About Copyright

Shattering A Few Myths About Copyright

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    It is unfortunate that people don’t know as much as they should about intellectual property rights. One day recently I briefly checked in to Twitter to see a discussion on the matter — a discussion that was propagating misinformed ideas. You might see copyright as a topic that’s only relevant to artists and engineers, but the truth is that this isn’t called the information age for nothing and intellectual property laws affect everybody.

    Here’s a quick and dirty primer to your copyrights. It is by no means extensive or legal advice and is merely the result of some rigorous study I applied myself to a few years ago as an individual who trades in intellectual property. As with anything, the right thing to do is check the facts by reading the acts so that you’re certain of your rights.

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    Fixed Tangible Expressions

    How do you know when something you’ve created has become copyrighted? The prevailing answer that most people will provide is, upon creation. That’s right and wrong depending on how you define creation. Does creation include conception? That’s the popular view and that’s not correct.

    Something is copyrighted when it is a fixed tangible expression. That means it is out of your head and written on paper, painted on canvas, recorded in your home studio or otherwise made tangible.

    So when are your conceptions and creations not copyrighted? That brings me to…

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    You Can’t Copyright Ideas and Names

    You cannot copyright ideas. While you can copyright a fixed tangible expression of an idea, you can’t copyright the idea itself even once it has been expressed. Others are able to take that idea and express it themselves, and as long as that expression isn’t too similar to yours, it can’t be contested. Obviously we’re talking about copyright here — trade secrets and patents are different things entirely.

    You also can’t copyright a name. Copyright law covers works, trademarks cover names. Trademarks are expensive and there are pretty stringent requirements on registering them. In other words, the names of the characters in your story are not yours, unless you take the unlikely step of trademarking them.

    A story, a picture, and a letter to a friend are all fixed tangible expressions. Even a list and the order of the items on the list (but not the names themselves) can be copyrighted. But if you send an idea for an episode to the producer of your favorite show, it is theirs to create a script (which is, you guessed it, a fixed tangible expression of the general idea, though the description of the idea itself as you worded it would remain yours).

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    Poor Man’s Copyright is a Poor Man’s Myth

    There is an idea floating around that mailing something you created to yourself is an alternative to registering copyright for the item. The truth is that you have the copyrights to your work once you’ve created the work, but if there’s ever legal trouble having the work registered will be helpful. This poor man’s copyright trick is a myth and does not provide the legal backup that registration does; you may as well save the money you would spend on envelopes and postage stamps.

    Work-for-Hire

    f you intend to do business as someone who creates intellectual property, you should be careful. Some people are more than happy to sell the copyright to works they create and some will expect it from you. In some industries, this is the norm, such as with web design. In other industries — for example, if a song is commissioned from a band — a license is typically sold, whether it’s an exclusive commercial license or some form of limited license that gives the buyer certain rights to the intellectual property.

    Clever sellers of intellectual property will retain the rights. Clever purchasers of intellectual property will only buy the rights. It gets a little tense when a clever seller meets a clever purchaser!

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    Here’s the important thing to remember:

    In many jurisdictions, unless you specifically stipulate in a contract between yourself and the client or employer, all intellectual property you create for a client or for your employer is their intellectual property. In most places this is called work-for-hire.

    The Six Exclusive Copyrights

    My mentor in intellectual property forced me to memorize the six copyrights that are granted exclusively to the creator (or creators) of a work. It is wise to do so if you deal in IP yourself. You have the right to:

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    • Produce copies and reproductions of the work and sell them,
    • Import or export the work,
    • Create derivative works,
    • Perform or display the work publicly,
    • Sell or assign these rights to others,
    • Transmit or display by radio or video

    Nobody else can do these things with your work. Memorize them so that you can easily tell if someone is an admirer or an offender disenfranchising you of your legal rights.

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    Joel Falconer

    Editor, content marketer, product manager and writer with 12+ years of experience in the startup, design and tech digital media industries.

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    Last Updated on May 23, 2021

    10 Best Free Job Apps You Need For Effective Job Hunting

    10 Best Free Job Apps You Need For Effective Job Hunting

    Seeking for the right job but not sure how to do it in a more effective way?

    Try job search apps!

    To make the job hunting process easier, I’m recommending 10 best job apps that can help you look for the right match anywhere at any time. The best of all? They’re all free!

    1. jobandtalent

    jobandtalent

      Great for browsing new jobs as you commute home via subway, bus or carpool, the jobandtalent app is like a Pinterest for job seekers.

      Easily browse, save and revisit job postings from your smartphone and receive notifications about jobs that match your professional qualifications.

      Download it for iOS and Android.

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      2. Jobr

      jobr

        This job hunting app is unique in that it lets you anonymously browse job listings based on your professional resume. If a company that you like also shows an interest in you, the app let’s you chat directly with a company rep. Great for getting your foot in the door and making a memorable impression.

        Download it for iOS.

        3. Monster Job Search

        monster job search

          I’m a big fan of Monster. It’s one of the first job sites employers think of when they want to list a new position online. The Monster Job Search app functions pretty similarly to the normal website, so it’s very easy to use for not-so-tech-savvy job hunters.

          Download it for iOS and Android.

          4. Jobs and Career Search

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          job and career search

            This is a good, simple app for browsing global locations for your next job. With a job index of more than 50,000 jobs listed globally, this app is a good choice if you are moving to a new area and want to line a new job up quickly.

            Download it for iOS.

            5. Hyper Networking Groups

            hyper networking groups

              This job hunting app isn’t so much a job hunting app as it is a connections hunting app. It’s great for learning who’s who in your desired field and forming connections. It also shows you how you and your industry connections are connected via your social networks, so you can follow up with them on your other social sites.

              Download it for iOS.

              6. CardDrop

              CardDrop

                CardDrop is an awesome job hunting app that let’s you digitally drop and pick up virtual business cards. This app is great for helping you make new connections at seminars, interviews, meetings and conferences. You can also attach social media profiles to the cards you pick up or send to enable easier connecting on social networks.

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                Download it for Android and iOS.

                7. Job Interview Questions

                interview questions both

                  Okay, so this app looks kind of outdated, but it’s super useful for getting you into the swing of answering any kind of interview question that is thrown your way. The big benefit of using this app is that it explains to you what your interviewers motivations might be for asking you a specific kind of question. Learn what your interviewer is looking for in your answers and be more prepared for the real interview when the time comes.

                  Download it for Android.

                  8. 101 Interview Questions and Answers

                  101 both

                    This app is great because it provides guidance about the kinds of answers you should give for each kind of question. Think of it as an essay rubric but for job interview questions.

                    Download it for Android.

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                    9. Job Interview Question-Answer

                    q and a

                      Feeling confident with your text-answered interview questions but concerned about doing the face-to-face interview? This app prepares you for interacting with your interviewer by simulating an employer asking you questions.

                      You can record your response and see what you look like to the interviewer to understand what movements, vocal pauses, etc. you need to work on.

                      Download this app for iOS and Android.

                      10. HireVue

                      hirevue

                        HireVue is a great job hunting app for those times when your interviewer wants to get some preliminary questions out of the way.

                        When an interested employer wants to interview you, they send you a request via HireVue and you can answer it in your free time, when you’re ready. Your interview might consist of a some FaceTime, some multiple choice questions or open-ended text answers and can be completed and sent to the interviewer when you’re finish.

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                        Download it for Android and iOS.

                        Featured photo credit: Yura Fresh via unsplash.com

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