Information on Copyrighting
- The history of copyrighting dates to August 18, 1787, when President James Madison submitted a provision to the writers of the Constitution to protect an author's work from plagiarism.
In the 20th century---with new art forms introduced---the copyright law was extended and renewed. In the late 1940s, copyright law became a part of the U.S. Code as Title 17. - In the past, it was legal to copy a work if it did not have a copyright notice. But now the United States follows the Berne copyright convention, and almost all works created after April 1, 1989 are protected whether or not a notice is given.
- In the United States, copying music was not considered a violation of copyright laws until many musicians and record companies fought to make music a copyrighted asset, to deter people from downloading music illegally. Downloading copied music is also considered a copyright infringement.
- The Fair Use Exemption to U.S. copyright law allows someone to use copyrighted works without the permission of the author for such purposes as news reporting, parody, commentary, research and education about copyrighted works. Most information deemed "fair use" consists of short excerpts, and almost always is attributed to the original author.
- Copyright law is mostly civil law. Violators normally are sued in civil court, although it is possible to be charged with a felony for certain highly lucrative copyright infringements. In copyright cases, as in other civil cases, the weight of evidence and the parties' credibility before a judge and jury usually determine the outcome. Different rules are applied for different infringements, however.
- The perception that everything online is "public domain" is incorrect. People should not re-post or use online material without obtaining permission from its owner, as almost everything on the Internet is considered copyrighted, even if there is not a notice.