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Copyright is one of those thorny issues that are always causing pain to creative types. After all, if you write something, make music, take a photograph, or in some other way create, in theory you should receive full credit (and payment). In the US this falls under title 17, which deals with “original works of authorship”, including literary, dramatic, musical, artistic, architectural, and some other intellectual works.

Unfortunately, particularly with the vast free market that is the internet, it’s increasingly common for people to feel they should get everything for nothing.

There are a number of issues that can arise, and below we’ll take a look at seven of these along with the best way to resolve them. Let’s get started!


1. Plagiarism
This is the ultimate nightmare: when someone steals your ideas, writing, music or other intellectual property and pretends that it’s theirs. People are allowed to quote a limited amount of your work, but are supposed to give full credit to you.

Where you are losing out substantially, you can take the offender to court under the provisions of section 1498 of title 28. This grants temporary and final injunctions to prevent copyright infringement. Copyright is automatic, and exists from the moment of creation.

A US court can also impound material (such as copies of molds or master tapes), and can order them to be destroyed. More information is available here.

You may also recover damages, if your case is proved, plus any additional profits the other party has made from your work. There’s a presumption that an infringement was deliberate, but if someone who has breached copyright proves that it was unintentional, it could reduce your damages, or destroy your case.

You could also be able to recover your legal fees, but this is at the court’s discretion. Note that you have to take action within five years of the breach of copyright in a criminal case, and within three years in a civil case.

2. Ownership
Under US law, the owner, manufacturer, or creator (which may not be the same person) can copy a work, create derivatives, sell, rent, lease or lend copies, and publicly perform works or musical recordings.

Who owns the copyright? If you were employed by a company when you created your work, your employer usually owns the copyright. If you were working on commission or freelance, you retain copyright unless you assign it to the purchaser under a legal agreement. Always check contracts for clauses assigning copyright.

Just because someone buys your work doesn’t mean they can alter, copy, or publicly display it. They should ask your permission first.


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