The Internet gives us more creative mediums to explore and platforms for exchange than we have ever before had access to, but we sometimes forget that ownership still exists in the virtual world. Copyright law can be dense and difficult to navigate, but it is just as important online as it is in more tangible forms. It is essential to have a good understanding of how copyrights and copyright violations can affect you and your family in these digital times. To get you started, what follows are some copyright basics from the United States Copyright Office.
What is a copyright?A copyright is secured immediately upon creation of the work. This part of copyright law is frequently misunderstood. What this means is that as soon as the work is in a fixed form, it is protected by copyright law. The U.S. Copyright Office defines copyrightable creations as “‘original works of authorship’ that are fixed in a tangible form of expression” [1]. This means your son’s blog post or daughter’s original internet video are protected as soon as they are posted, without anyone ever applying for a copyright.
What is a copyright violation?Copyright offers plenty of protection for young authors, directors, artists and the like, but with the umbrella of protection stretched this wide, it blurs the line of what exactly copyright violation looks like. A basic definition of a copyright violation is anything that violates the exclusive rights of the copyright holder:
These rights seem easy enough to respect, but there are plenty of surprising ways to violate copyright law. For example, your daughter likes to use software to mix and layer popular songs to create new versions or remixes. She posts these online for her friends to download. This is technically creating a derivative work of original pieces that she doesn’t own, thus violating the owner’s copyright. Recording artists who make remixes or sample from other songs always have permission or have paid for the right to do so.
You or your child can use borrowed material if it’s in the public domain (or, out of copyright), if you have the express permission of the owner to do so, or if the terms are protected by fair use. A basic understanding of fair use is good for Internet-savvy youth to have. Fair use allows you to use copyrighted material for specific purposes, such as: educational purposes, to parody, in scholarly works if due acknowledgment is given, or in a news report [2].
Perhaps the most commented-on form of copyright violation is piracy. Piracy is often equated with theft and can include the illegal downloading or uploading of music, movies, and TV shows. Piracy and other forms of copyright violation can be punishable by fines and even jail time.
That said, don’t discourage your child from using online platforms for creativity. Sit down with your child and make sure you both have a clear understanding of copyright law and ownership.
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