Copyright laws protect creative works and define the rights of creators and owners. The definition of creative work is tangible and varies by jurisdiction. “Fair use” allows limited use of a creative work without permission.
Copyright laws restrict the use of creative works such as books, films and music. These laws define the rights of creators and owners, determining who can buy, sell, copy or distribute creative works. These laws also cover derivative works, pieces based on or derived from earlier works. Each country has its own laws, and the details vary from one jurisdiction to another, but the basic application of copyright laws is fairly consistent.
Defining creative work can be tricky. According to copyright laws, creative work must be tangible, with an actual form. Books, paintings and recordings are all creative works and are subject to copyright laws. Unrecorded ideas and conversations have no tangible form and are not considered creative works. Most often, copyright laws are enforced only when the creative work has a perceived monetary value.
Creativity is another essential component of a creative job. Purely factual material is not subject to copyright law. The presentation of such facts may, however, be copyrighted which means that an author may glean information from copyrighted sources but must present those facts in a new form.
Initially, creators have exclusive rights to their work, but they can assign or sell those rights to another party. In some cases, the creator retains ownership of the creation but offers permission to copy the work. This permission to make copies may be limited in some way, for example, limited to certain media, a specific time period or geographical areas. The specifics of any copyright agreement are usually outlined in a contract.
In other cases, the creators waive all claims to the work, usually by selling all rights to another party. This party becomes the new owner and may copy or alter the work in any way it sees fit. The creators no longer have to copy or sell these works, and they have no say in how they are used in the future.
An important exception to copyright laws is called “fair use” or “fair dealing.” This exception makes it legal to use part of a creative work in limited circumstances. For example, a movie reviewer might include a clip in the review. If permission was required to use a copy, critics may not be able to obtain clips for films that have received unfavorable reviews. The fair use doctrine allows the critic to be more objective and to give the public an honest assessment.
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