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What is Copywrite?!
© 1997 Glenn Barry
Copywrite is a word often
used by people who write when they really mean copyright or the
ownership of a creative work of words. Such people have been inspired to write
by playwrites or great writers, they may be frustrated
advertising or public relations copywriters. So when it comes to the
logical extension of legal ownership of a written work they feel the word
should be copywrite. So then what is the difference between copy
write and right? Well, it's all in the meaning of the word. The former is "to express or
communicate in writing". The later is the "right" of ownership
of what has been "writ!" Right:- Correct, proper, just.
Copy:- A transcript, reproduction,
or imitation of an original. So a copyright is a thing
you may own, that is, the right to copy. It is just that as the
creator of the original story here titled "What Is Copywrite", the
right to reproduction of this story is mine, it is just, correct and
proper that I own the right to any copying of the story. When you are the owner of what is
highly desirable to copy, you may sell, hire or lend this right to
copy. As with this piece of writing, I have given my consent to SPAWN to
reproduce that which is mine so you will all think I am very clever. To see it
in print (or at least on the screen), to know that it may help others is reward
enough for me in this instance. But what is mine? Surely not the
idea of copyright? Well no, you cannot copyright an idea as such. What about
the words? Again, no. The words belong to everybody. Then you may well ask what
is copyright here? Well it is me, my style, the way I
think as expressed in the way I string together words to form an original piece
of writing. It is not what I am saying but rather the way I say it. Let us for
a moment look at a few words on their own, strung together in random order.
Any, what's, a, in, sweet, by,
other, so, smell, call, which, would, name, rose. Just a collection of random words
you might say. Quite meaningless. But let a writer rearrange those
words and something quite unique and distinctive may leap from the page. Not
only with beauty, but with such forceful identity of the author that there can
be no doubt of whose hand wrote the words. "What's in a name? That which
we call a rose, by any other name would smell as sweet". (ACT II, Romeo
and Juliet. - William Shakespeare) From this rearrangement of those
few meaningless words, can there be any doubt as to whom the copyright
belonged? Sadly for Bill and his heirs,
copyright does not last forever. Thus this famous arrangement of words is now
public domain and I may use them as I will. Indeed I may borrow from
contemporary writing where a current copyright exists. The law allows me to do
this, provided that I copy from the original in the manner allowed by
the law for certain purposes. Consider Mark Litwak's book
Deal Making in the Film and Television Industry (ISBN 1-879505-15-0). I
will now lift a few paragraphs knowing full well that Mark cannot sue me for
breach of copyright for doing so! "A copyright owner's rights are further limited by what is know as the "Fair Use Doctrine". This doctrine permits others to borrow portions of a copyright work for purposes such as criticism, comment, news reporting, teaching and scholarship" (Chapter 12 P273).
As you can see Mark has been
"hoisted on his own petar[d]" as "the copyright act lists the following factors to be considered [in the borrowing small excepts from other works]."
"1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes".
Now Mark will never sue me for
breaching his copyright, for the very reasons he has outlined in his book in
the first instance. As well, I hope, for the reason I have credited him with
the authorship of those words and have not claimed them as my own (plagiarism).
Indeed my fair use may help him sell a few more copies of his very good book,
he might even send me a thank you for doing it! Now when does my copyright in this
story begin? Well as each word has followed another my copyright has been
established. These words expressed in this manner are mine. I do not need to
register them, I need no copyright symbol (not since 1989 in the USA). I do not
obtain a copyright, I do not need to register this story anywhere. The
copyright to this story is mine from the very moment I created it. Mark's stuff remains his, I have
simply borrowed legally from his work. I have legally incorporated his words
into my copyright story. You in turn may borrow from my
work, you may copy it for certain purposes. Just don't claim it as your own or
use it to make money that should be rightfully mine, (or Mark's).... or Mark
and I will gang up and will sue you for copyright infringement!
Glenn Barry writes for Rolling Good Times Online, a Zine
http://www.rgtonline.com/Nambling.html He is not a lawyer; his advice is a lay explanation.
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