| I get asked a lot about copyrights and how to apply for them and what they entail. In this article I will try to give you some basic copyright information and dispel some all too common misconceptions.
First off, what is a copyright?
Plainly put, a copyright and copyright law secures for the creator of a creative effort the exclusive right to control who can make copies, or make works derived from the original work. Basically, it gives the creator of a creative work the right to say who can and can not make copies and how they may do so. Plus you can sell or license this right.
Also, keep in mind that if you are hired by someone else to create a work, then the copyright automatically goes to the requestor.
What is considered a creative work?
A creative work is anything creative in tangible form (it has to exist physically, ideas and concepts can not be copyrighted) such as a drawing, screenplays, sculptures, or anything else that is on paper, disk (computer code does count), whittled out of wood, recorded (words don't count until they are put onto tape ... remember, it has to be tangible), or otherwise made physical.
Now in the realm of webcomics, this refers to cartoon strips, site graphics, original site content (news posts, interviews, rants, etc.), layout, and various other things. Now remember, the content has to be original and creative. You can't copyright facts or lists of facts for example.
How do I obtain a copyright for my stuff?
That's the great part. You don't have to. Under the Berne Convention, every creative work is copyrighted the moment it is fixed in tangible form. That includes posting it onto the web. And the copyright stays in effect up to fifty to seventy years after the creator dies (depending on country where the copyright is held).
Notification or registration isn't necessary, but registration is necessary if you intend to sue.
And even the copyright notice isn't mandatory since all work is assumed to be copyrighted. If you do choose to add a notice though, the proper form is "Copyright [dates] by [author/owner]". You can also use © instead of "Copyright".
So what does all of this mean?
Example 1: Say I were to post the latest InkTank strip. It deals with a popular game. Someone from a website dedicated to the popular game thinks the strip is hilarious (hey, aren't they all?) and copies it over to his site, and posts it. He is in violation of my copyright.
It happens all the time and generally I prefer to be asked first, and generally always give permission. "But what's the big deal?" you say. In this case, the strip isn't being copied for personal use or enjoyment, but as a "draw" to that persons site. My work on his site is conceivably increasing his page view and possibly making him money. This I have a serious problem with. The same holds true for "inlining" graphics, or displaying graphics that are still hosted on my server. This not only diverts eyes away from my site, where I'm trying to make money, but it also is a drain on my bandwidth. A big "no-no" in the online world.
Example 2: Or worse yet, he removes my name and info from the image and puts his name there and claims the work as his own. He is totally in violation of my copyright. He is passing the work off as his own. Now the beauty of copyright law is what if he goes to the trouble of applying for a copyright and he gets it? Screw 'em. All I need to do is prove that I created the original work (with computers it is easy to see when files were created) PLUS I have the original pen and ink drawings. It doesn't matter who applies for the copyright first, it matters who actually created the work first. So basically I could also apply for a copyright on that piece of work and my copyright would overwrite his.
Basically, the example I stated is why the Berne copyright convention was drafted. So that an individual doesn't have to apply for a copyright EVERY time he posts a strip, or changes a graphic, or makes a news post, or even writes another play, or does anything creative.
Example 3: Now what if another person doesn't copy one of your strips, but instead uses your characters in a comic he draws up? For example, what if someone made a comic strip staring my characters Sophia and Sinclair performing sexual acts on top of the Empire State building. Well, aside from the absurdity of the whole situation (Sophia is afraid of heights), it basically uses my characters in a way I do not approve of. But the problem is, the work is an original creative effort (story and art) by someone else.
This one is a bit trickier, but copyright and now "derivative works" come into play. While copyright gives me the rights to my specific creative endeavors regarding my characters, the fact that people can't base "derivative works" on my work covers my characters and their likeness. So while my characters are copywritten when I draw them, the concept of "derivative works" is the part of copyright law that protects the characters themselves when someone else draws them. All fan fiction is generally a violation of copyright law. However, "parody" is allowed under copyright law, but is a bit trickier subject and might be better explained by one of the resources listed below.
In conclusion:
I hope this article helps explain a few questions you might have regarding copyrights. In essence, you don't need to apply for a copyright, it is granted upon the physical creation of your work. Whether it is posted or not.
Copyright Resources
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