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Copyright Infringement

What is copyright? According to the World Intellectual Property Organization, copyright is one of two categories of intellectual property * protected by law. Copyright infringement occurs when you violate the copyright owner's exclusive rights, that is, you use intellectual property without authorization.

Protected Property. To the general public, intellectual property, in the form of computer software and digitized entertainment, is a highly tempting target for reproduction and distribution. But intellectual property is protected under copyright law in cyberspace as well as the real world, and you need to be aware of the limits of your fair use. Illegal duplication, filesharing or use of any type of intellectual property constitutes copyright infringement and could be subject to university disciplinary action and civil and criminal penalties, including fines.

Creators Own Exclusive Rights. According to Ohio State's document on Virtual Legality, "copyright law generally gives authors, artists, composers, and other such creators the exclusive right to copy, distribute, modify, and display their works or to authorize other people to do so. Moreover, creators' works are protected by copyright law from the very moment that they are created — regardless of whether they are registered with the Copyright Office and regardless of whether they are marked with a copyright notice or symbol [©]. That means that virtually every e-mail message, posting, web page, or other computer work you have ever created - or seen - is copyrighted."

Limited Use. Also according to OSU's Virtual Legality document, you may reproduce copyrighted materials only if one of these four instances apply: the owner has given you permission, the work is in the “public domain,” it falls under “fair use” or you have an “implied license” to do so. Admittedly, the latter three require more explanation that can be given in this overview, so you are strongly urged to consult the full document or a lawyer for more information.

In conclusion, copying material in digitized form is easy to do, but that doesn't make it legal. Avoid the temptation to reproduce copyrighted material in any form and on any media, unless you have explicit permission to do so.

*Expanded Definitions: Legally Protected Intellectual Property

Copyright is one category of legally protected intellectual property, which covers novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.

Industrial Property is the second category of legally protected intellectual property, which covers inventions (patents), trademarks, industrial design and geographical indications. Based on these definitions, computer programs rate protection as creative works, but also as patentable material when they meet certain criteria. See Chapter 7 of the WIPO Intellectual Property Handbook: Policy, Law and Use for details.

More information on copyright:

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Quick Tips

Copyright is the legal protection of all forms creative expression on any form of media

Be aware of the limits of the fair use of intellectual property, which is protected under copyright law in cyberspace as well as the real world

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