Know Your Rights: Copyrights

My dad had a funny way of making the best out of very little when I was younger. Once, taking a jar of cocktail sauce out of the fridge along with some cauliflower, he told me we were having poor man's shrimp. There was also the poor man's steak: seasoned hamburger and breadcrumbs pressed flat, cubed and fried. Then there was my favorite, the poor man's copyright.

In theory, a starving artist or grungy musician could use the United States Postal Service as a cheap and efficient means of copyrighting original works of art. The method is simple: the artist creates his or her work, throws the finished product into a self-addressed, stamped envelope, seals it while savoring the candy-like glue, and pays the pony express forty-one cents to have it postmarked and mailed to himself. Upon arrival the sender leaves it unopened, in turn rendering it a sealed legal document with a time stamp that can be used in court should the need arise to defend his work.

I'm not saying that Dad is wrong (because I make him read this stuff), but the problem is that the poor man's copyright can be faked through various methods, none of which take much ingenuity. So, while the method has some merit it can't really be counted on, considering that modern day folks have the ability to create fake MySpace pages that steal My Personal Information.

However, there is good news for all of us artiste's / linecooks. In 1886, a smart group of people in Switzerland got together at what is known as the Berne Convention, and decided it would be a great idea if artists didn't have to apply for a copyright from the government in order to obtain one . The creator was simply and immediately granted a copyright the moment his or her work was created. In 1989, just over a hundred years later, the U.S. fell in line with our European counterparts and placed the very act of creation under the umbrella of a copyright without having to apply to the copyright office. This means that as soon as the work of art is made perceivable in form, either by human senses or mechanical device, the creator establishes a legal copyright known simply as an artist's copyright (Title 17- 102 United States Code).

Anything a person creates, whether it is a photograph, a story, or even that crazy wreath-like thing mom makes every Christmas and places on the front door, is protected by this copyright. Everything from pantomime and choreography to architectural works and sound recordings is protected.

Much to the chagrin of one British composer, Mike Batt, not only is substantial work protected by law, but so, surprisingly , are pieces that have no substance, per se. In 2002, Batt was forced to pay (or "donate," rather) a six-figure sum to the estate of the late American composer John Cage for a silent piece he composed, " A One Minute of Silence." In 1952, Cage composed 4'33", a piece of music that consisted solely of four minutes and thirty-three seconds of ambient background noise and silence. Despite the ambiguous nature of the work, Batt's composition was ruled an imitation of Cage's copyrighted piece, and Cage's estate won the legal battle.

There are still instances in which the concept of fair use comes into play. Teachers and students may sometimes be allowed to reproduce copyrighted material, as long as the reproduction is strictly for educational purposes and does not infringe on any benefits to which the author or artist may be entitled (§ 17-107 & 110). So, while it may be okay to photocopy a few pages from a book if it's needed for class, it would certainly seem illegal to photocopy an entire text that is still being published and circulated.

Have you ever wondered why the Applebee's people don't sing the traditional Happy Birthday song when it's your day? It's because the song is still copyrighted even though its composers, sisters Mildred and Patty Hill (educators who originally created the melody in 1893 as a greeting to their students), are now pushing up daisies. Due to copyright extensions the rights will not expire until at least the year 2030. Therefore, organizations do have to pay royalties for this song if it is performed commercially. However, contrary to popular belief, Michael Jackson does not own the rights to "Happy Birthday," although he did outbid Paul McCartney for the rights to the McCartney-Lennon catalogue of Beatles songs. What a jerk. Even here in our own little Burg, the copyright laws subtly shape the cultural landscape. The musical industry giant, BMI, hunts down large and small businesses all over the country that transmit copyrighted work. In a 2005 Roanoke Times article by Michelle Jarboe, it is reported that Champs Sport Bar had to settle out of court with BMI because the venue presented live performances of cover songs. As a result, the popular bar had to pay out over $10,500 for illegally allowing the transmission of 14 BMI registered songs, in addition to regular annual fees paid to two other music rights organizations. Similarly, in 2005, Gillie's Vegetarian Restaurant had to suspend their Old Time Jam due to worries that BMI would sue them for playing copyrighted mountain music tunes.

So, while this legislation may guard our own meager attempts at greatness through self-expression, it serves also as a potential gavel of judgment against us. While artists have the protection of the law at our backs should one truly believe he or she has written the next great American novel, it is nonetheless recommended that one apply for a copyright through the US Copyright Office as a matter of safeguard.

Disclaimer: Although theses rights and limitations are referenced directly from the U. S. Copyright Office and U. S. Code websites, be advised that the person who wrote this article is not a lawyer and took seven years to get his B.S.