- U.S. copyright laws dictate how original works, such as photographs, can be used by people who didn't create them.copyright image by cam422 from Fotolia.com
It is important to understand copyright laws before reproducing or displaying a copyrighted work without permission from the copyright's owner. Avoiding copyright infringement can spare a person from an embarrassing arrest, felony charge and heavy fine down the road. According to the Copyright Act, the concept of "Fair Use" and various copyright laws gives one the legal permission to display a copyrighted work in an office without permission from the copyright holder. - The Copyright Act is a set of federal laws, not state laws, so they are uniform nationally and authorized throughout the United States by the United States Constitution. Also, the United States has signed several international copyright agreements, verifying copyright protection as effective throughout the world. Copyright protects and gives photographers, artists, authors, musicians, and other creative persons the exclusive right to use and reproduce their original works. Almost all works created privately and originally after April 1, 1989 is copyrighted and protected. Therefore, one should assume that another person's work is copyrighted and may not be copied or publicly displayed for profit or entertainment purposes unless permission from the copyright owner has been given. Thus, the use or copying of any work without permission from the copyright owner is a direct violation of the United States Copyright Act and is subject to penalty.
- The concept of "Fair Use" under the Copyright Act permits the utilization of copyrighted materials for certain purposes. For example, a newspaper is allowed to publish copyrighted works for the sole purpose of reporting news, and a teacher can reproduce multiple works for a classroom lesson without risking infringement. But if large portions of a copyrighted work are used for entertainment purposes or if use of the copyrighted work significantly reduces the potential market or profit gain for the original owner and the work, it constitutes copyright infringement. For example, while a teacher may display a movie for educational purposes, one may not hold a public viewing of a copyrighted movie for entertainment or charge admission without permission from the copyright holder. Also, under the concept of "Fair Use," it is legal for teachers to hang copyrighted photographs of presidents in classrooms, and so on.
- Ownership of a photograph or painting, or any other copyrighted work, does not give an owner the right to copy or use it for purposes other than personal use. A painting or photograph is allowed to be hung in a home or office, but without permission from the copyright holder, the work cannot be copied, reproduced or used for any other purposes. For example, if a person were to purchase an original picture that was specially commissioned, the purchaser would then be legally allowed to frame and display the work. If permission to reproduce the original picture was also given by the copyright holder, than the owner could copy the picture for other reasons without violating the Copyright Act.
previous post