Looking to better understand copyright and learn how to effectively protect your creations?
Look no further! This comprehensive guide provides an introduction to copyright, steps to safeguard your work, and real-world examples illustrating the importance of these rights.
A Brief History of Copyright
To fully grasp the concept of copyright, it’s essential to understand its origins!
- The 18th century saw the emergence of copyright with the Copyright Act, which for the first time granted authors substantial control over their works.
- 1886: The Berne Convention established the first international framework for copyright protection, with 176 countries now signed on.
- 1967: The World Intellectual Property Organization (WIPO) was created to coordinate the protection of intellectual property worldwide.
The rise of the internet in the 1990s and today’s rapid development of Artificial Intelligence (AI) have brought unprecedented challenges to copyright. Understanding how to protect your work is more crucial than ever.
What is Copyright?
According to the World Intellectual Property Organization (WIPO), copyright is “the right that creators enjoy over their literary and artistic works.”
- This definition covers a wide variety of creations, including books, musical works, paintings, sculptures, and films, as well as computer programs, databases, advertising creations, maps, and technical drawings.
- Copyright protection applies to expressions and not to ideas, procedures, methods of operation, or mathematical concepts as such. Certain elements like titles, slogans, or logos may be protected under copyright, provided the authorship of the work is sufficiently established.
Thanks to the Berne Convention, copyright laws in many countries share common features, ensuring consistent protection of intellectual property.
Automatic Protection and duration
In most countries, protection is automatic as soon as a work is created. This means that no administrative formalities are required to benefit from copyright protection, a concept known as “Automatic Protection.” This protection generally lasts 70 years after the author’s death.
Notable examples:
- After 95 years, the original version of Mickey Mouse entered the public domain in 2024, allowing anyone to freely use this version of the character. However, Disney continues to protect its iconic character by creating new versions, which are granted an additional 95 years of protection from their release date.
- For decades, Warner Music Group claimed copyright over the famous song “Happy Birthday to You” and required royalties for its use. In 2016, a U.S. federal court declared the song to be in the public domain, allowing it to be used freely without any payment of royalties.
Originality of the Work
To qualify for copyright protection, your work must be original, meaning it should reflect the author’s “free and creative choices.”
- In 2023, the Paris Court of Appeal rejected an influencer’s copyright claim for a selfie taken in an elevator with her dog. The court ruled that the selfie could not be protected under copyright due to a lack of originality, nor under unfair competition or parasitism.
If someone challenges your copyright, it is your responsibility to demonstrate the originality of your work.
Rights Granted by Copyright
Copyright provides both moral and economic rights:
- Moral Rights: In France, moral rights include the right of disclosure, the right of attribution, the right of integrity, and the right of withdrawal, and are often perpetual. In contrast, they are more limited in the United States and primarily apply to visual arts.
- Economic Rights: These rights allow the author to receive financial compensation for the use of their work. They include the right of reproduction, the right of public performance, and the resale right.
Examples of Copyright in Action
If you’re still unsure of the importance of copyright, here are some real-world cases that illustrate the need to protect your work and respect intellectual property:
- Taylor Swift Lawsuit (2018-2022): Songwriters accused Taylor Swift of plagiarism, claiming she had copied the song Playas Gon’ Play by 3LW, released in 2001. The case was settled out of court.
- French Presidential Campaign (2022): Candidate Éric Zemmour used excerpts from various French films, including Joan of Arc by Luc Besson, without permission. The Paris Court of First Instance ordered him to pay €70,000 for copyright infringement.
- Berlin Christmas Market (2023): The Christmas market played no music after GEMA, the German copyright management company, raised its rates on music reproduction.
- Andy Warhol and Lynn Goldsmith Case (2023): The U.S. Supreme Court ruled against the Warhol Foundation, finding that a portrait of the singer Prince, derived from a screen print by A. Warhol, infringed on the copyright of photographer L. Goldsmith, who had taken the original photo of Prince that inspired Warhol’s artwork. The court held that Warhol’s use of Goldsmith’s photograph was not protected under “fair use.” This decision reinforced photographers’ rights and clarified the limitations of “fair use” in derivative works.
Challenges: AI & Copyright
With the rise of AI, questions about the protection of AI-generated works are emerging, especially concerning the concept of an “original work”. Some countries, like China, have begun granting protection to AI-assisted creations, while in the United States, entirely AI-generated works are largely excluded from copyright due to the lack of human involvement.
- February 2023: The U.S. Copyright Office partially revoked the copyright granted to a comic book titled Zarya of the Dawn, whose images were generated by Midjourney. The office determined that images produced by AI could not be protected by copyright due to the absence of direct human creativity.
- November 2023: The Beijing Internet Court in China made a landmark decision to grant copyright protection to an artwork generated by artificial intelligence. The court ruled that although an AI system participated in creating the image, the author’s active and dominant role in the creation process justified copyright recognition.
Conclusion
At Certiphy.io, we believe that legal protection comes on top of efficient digital native solutions. Copyright is an essential framework for protecting your creations, granting you both moral and economic rights.
Stay informed about the current laws and protect your work.
Choose Certiphy.io today—a simple and effective solution to safeguard your creations and build a trusted relationship with your audience. 🌐 Visit our website: gocertiphy.com. 🚀
