WHAT IS COPYRIGHT AND HOW DOES ONE PROTECT IT? by Craig Lock
INTRODUCTION AND AUTHOR'S COMMENT:
This article (which is an extract from the writing course I
ran at the local polytechnic was developed about seven years
ago) was written for the "OFFLINE and real world" here
in New Zealand and the United Kingdom... well before I knew
about the "amazing intricate mysteries of the net". However, I believe,
the principles should also be applied (perhaps not so stringently)
to the "Wild West of cyberspace". (That's a metaphore, by the way!)
The article covers general principles of copyright and may also be
applied world-wide in writing for the www, "metinks"...
Publishing on the world wide web (writing articles on your
field of expertise is a most effective form of internet marketing,
incidentally!) is very different to the "real world".
In the online "wild west culture" standard
copyright rules are far harder to enforce, as the subject of
copyright is constantly evolving and rapidly changing, like
the "net" itself. It appears that on the www virtually "anything
goes" with many varied opinions and it's very hard to
get common rulings and agreement on this complex issue.
My advice would be to apply the same "strict" rules regarding
copyright, when writing online as offline, as I explain in this article.
With these guidelines we can all do our bit to bring some
order into the "lawlessness" prevalent in copying other
people's work on the www. By following these guidelines,
I'm sure no-one will be able to criticise "sqeaky clean you".
After that "rather rambling rose pre-amble", enough said...
Only joking! Here is my article...
COPYRIGHT:
What is copyright? No one can reproduce your work with-
out your permission - not even a personal letter. How much
of a writer's work can be legitimately used? A poem of 40-50
words is generally considered to be OK. Usually one is not
allowed to copy substantial amounts of another writer's work
without their express permission.
* But then what is meant by the word "substantial"? It is
widely open to interpretation and opens up a literary and
legal "minefield" (that's a metaphor, by the way!).
There are no hard and fast guidelines about the rule of copy-
right. The following is a rough 'rule of thumb':
You can take approximately 300 words from a book or any
other lengthy work of writing. You can also quote 150 words
from a magazine article. Fifty (50) words quoted from a news-
paper article is generally considered to be "fair use" without
requiring either permission or a fee. Copyright lasts 50 years
after your death.
You can use what is termed 'fair dealing' in writing reports,
or research material. I always advise acknowledging sources
in your reference section.
It's all very unclear - the entire subject of copyright, so I
won't say too much. Just use your common sense and
discretion (if you have some)... and be HONEST by following your heart. Don't copy other author's material and
purport (nice word, eh?) to be the author. One should not
paraphrase a substantial amount of another author's writing,
nor use that writer's points without due ACKNOWLEDGMENT. Hint hint!
If you get into a dispute (oops!), there are specialised trade
and copyright laywers (or solicitors as they call them here in
'civilised' NZ) in the big centres. If in doubt, get advice...then
DON'T infringe copyright.
Send requests to use material to the permissions editor of a
magazine, newspaper or book publisher. Book publishers
usually have a small department which deals solely in this.
Give them as much information as possible about your article
or book, your publisher, as well as other books or articles
written by you. Tell them what quotes you want to use and
why and so on. Say you will give them due acknowledgement
in your writing. They'll usually oblige.
There is sometimes a small fee payable. Always acknowledge
the sources of your quotations - then you've kept your word,
your side of the "bargain".
Also keep copies of your correspondence in the event of an
unlikely dispute.
Now a bit for Kiwis* (and Brits)...
* = New Zealanders
No one can reproduce your work without your permission.
New Zealand law closely follows British law. In NZ copyright
is usually protected for 50 years after the author's death. If a
book is published posthumously (nice long word that),
copyright extends for 75 years after the time of the author's
death. After that the work can be freely used by anyone.
No hope for me then... but perhaps my great great grandchildren!
As from 1989, New Zealand copyright law requires 3 copies
of every NZ publication to go to the National Library in
Wellington. One of which goes to the Alexander Turnbull
Library, one to the National Library for bibliographical purposes,
while the third is kept at the Parliamentary Library in
the capital in Wellington.
The following is a simple tip on the easist way to register copyright.
Send a letter to yourself by registered mail, in which you certify that
you are the author of the work. Keep in a safe place. If you really
want, you could lodge the unopened letter with your bank or
laywer for safekeeping, but I wouldn't say that option is necessary.
I'd just keep the letter with my personal documents, proving
ownership of your writing.
Sometimes a publisher might want copyright in exchange for
a fee. My advice: It's your work of art. So always retain your
copyright... unless you are in dire financial straits, like this
aspiring writer*.
In the next lesson (and article) we will look at the subject of
plagiarism . Wow, that's a big word and I hope I spelt it correctly.
No, I don't mind you using my material and I feel, it may be
very hard for another "writer" to closely copy my rather "crazy/wacky style
style of hopefully informing and entertaining at the same time".
That is my mission in my writings, btw!
Anyway, isn't "imitation the sincerest form of flattery"?
Happy writing
Craig Lock
http://www.craiglock.com
P.S: After getting so far with this "rather heavy and quite
boring subject, time for a dash of humour as a reward... at the expense of my "chosen occupation"...
More articles on WRITING
What is Copyright and How Does One Protect It?
How to Write Creatively and Be Published
Some Writing Tips - 'A Simple Recipe for Writing Success'
Techniques, Tips and Advice for New Writers
'Write Rite' - How to Write Creatively and be published
Sharing some miscellaneous Writing Thoughts
Sharing some more Writing Tips
Sharing some thoughts in Writing the Novel
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