The author is the one who created
In this article we will talk about what you need to know if you are using someone else’s work or materials. So if you’re an editor, read on.
Everything is very easy here. I drew an illustration, it’s yours. I wrote a unique text, it is also yours. After creating a certain material, you own the full copyright for it, and the rights, in turn, are divided into two types. Such as:
- Personal non-property. An example would be the authorship of your work itself.
- Exclusive rights. These are all actions that can be carried out with your work.
What is special about exclusive rights?
In most cases, disputes and conflicts arise precisely because of exclusive rights.
Exclusive rights can be compared to property, because it can be sold or donated.
For example, a copywriter writes a unique text and transfers it to the customer, for which he receives a certain monetary reward. From this moment on, the exclusive rights belong to the customer, and the author, in turn, cannot publish this material anywhere. Although he owns moral rights to this text.
Transfer of Rights Agreement
The most correct decision in this matter would be to conclude an agreement on the transfer of rights.
If you transfer exclusive rights to a certain person, then in the agreement document you can indicate what exactly you authorize to use your material. For example:
- change material;
- use in advertising;
- creation of new works based on your work.
Important! If you give permission for the last point, please note that your text (or any other material) may be used in a book, video or even in a music album without your agreement.
Use of other people’s materials
Remember that without the agreement of the author, you have no right to use his work. To do this, you must obtain written consent, and it is better, as we said, to conclude an agreement.
You cannot take images from the Internet. You cannot insert movie clips. You cannot rewrite the article and post it, even if you indicate the original source.
For any operations with other people’s works, you must initially discuss and agree on the use with the author.
Citing other people’s materials
Quoting is a way of using other people’s materials without the consent of the author. It’s called “free use”.
What’s the point? You can use certain parts of the piece if it justifies your goals. That is, you can take a frame from the film, indicating a link to the studio and the director, if your work is about the topic of the film industry. Or you can use an article by someone else’s author if you write on the same topic and are ready to support or refute his opinion.
Important! You can use other people’s materials as quotations only to the extent that is necessary to justify the purposes of creating your work.
The public domain in the creation of a new work
As you know, copyright terminates 70 years after the death of the author. In this case, the work becomes public domain and can be freely used.
But there are also exceptions here. Some materials may be registered as trademarks. Therefore, this issue must be approached very carefully.
What are licenses? What are they?
This is actually the easiest way to work.
Today there are a huge number of licenses that allow using other people’s materials to a certain extent. Let’s take a look at several types.
- Creative Commons Zero. This license allows you to fully use other people’s developments. In this case, we can assume that the materials do not have an author at all.
- Creative Commons Attribution. It allows you to modify or redistribute the works. The main thing is to indicate the link correctly.
- Share Alike. When using materials under this license for non-commercial purposes, remember that your work will also need to be licensed.
Find out more! For example, about what features the copyright for the game has, how not to violate the copyright on the photos or on the video.
Editors very often borrow other people’s work, so they, like anyone else, should know about all the features and rules of copyright. Of course, there are situations when you can use other people’s materials for your own personal purposes. However, there is a very fine line between legitimate use and theft. In order not to fall into your own trap, seek the help of patent attorneys who can provide you with professional advice.
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Position: Intellectual Property Lawyer
Experience: 8 years. Candidate of Legal Sciences.
Specialization: Deals with the protection and registration of intellectual property objects, writing claims and statements of claim. Registers objects in the customs register.
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