This article is about a topic very interesting, but sometimes a little bit dark. This is just a first step in the long way of the knowledge. Please, visit the links and read for yourself all the information there.

And how Inmanuel Kant used to say: Sapere aude (Dare to learn).

The copyright is a form of protection for original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture, fixed in a tangible medium of expression.

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. ( http://www.copyright.gov/ )

Although there are efforts in order to protect the copyright throughout the world, there is no such thing as a “international copyright”.  It means that we must protect our copyright following the law of our country and then to protect the copyright according to the law of the country where we are gonna do businesses.

But… why is it so? Because all the treaties just have the binding of the law once they are suscribed and ratified by the countries (or parties).
What a pain in the neck¡ ( I never write bad words).

Some of the international treaties about copyright, patents and trademarks are…

a.- Berne Convention (September 9, 1886)

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

It protects “literary and artistic works”: include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.

b.- Paris Convention ( March 20,  1883)

http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html

The protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition.

Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour

c.- The Universal Copyright Convention or UCC (Geneva, 1952):

http://portal.unesco.org/culture/en/ev.php-URL_ID=1814&URL_DO=DO_TOPIC&URL_SECTION=201.html

The UCC is one of the two principal international conventions protecting copyright; the other is the Berne Convention.

d.- World Intellectual Property Organization or WIPO (Geneva, 1996)

http://www.wipo.int/

This Treaty is a special agreement within the meaning of Article 20 of the Berne Convention for the Protection of Literary and Artistic Works, as regards Contracting Parties that are countries of the Union established by that Convention
But all the stuff is about countries… Is it importat to me as a designer or an artist?
And the answer is: Of couse, honey¡

The situation: I have a website or a blog and somebody stole my work. It does not matter what: photographies, an article, a drawing or… the whole website¡.
What can I do about it?
There are a lot of articles written in the subject and I would like to recommend you two of them:

A.- 10 Big Myths about copyright explained

http://www.templetons.com/brad/copymyths.html

An attempt to answer common myths about copyright seen on the net and cover issues related to copyright and USENET/Internet publication, by Brad Templeton.

B.- What Do You Do When Someone Steals Your Content

http://lorelle.wordpress.com/2006/04/10/what-do-you-do-when-someone-steals-your-content/

This article covers tips, information and resources to help you deal with copyright infringement, the theft of your blog or website content.
We have here some recommendations on how to protect our copyright.

And I want to add some useful information to have in mind if your content is stolen.

1.- Please, register your work.

And then the question is: Where do I have to register my work?

In United States, the U.S. Copyright Office of the Congress Library is the only office that can accept applications and issue registrations. In United States, copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. And if you want to do businesses in Italy, it is recommended to register your work in the States first. That is strongly recommended in the document named Intellectual Property Rights (IPRI) Toolkit for Italy of the US Commerce Service. By the way, the United Stated Trade Representatives has consistenly listed Italy in the on its Special 301 Watch List or Priority Watch List. Since 1989 exists the 301 review process to identify countries where the intellectual property right infringement represents a barrier to trade. http://www.buyusa.gov/italy/en/ipa.html

In Italy, the author of any original intellectual work is protected even if without registration. If you want to do businesses in United States, it is recommended to register your work. Any work that is protected by U.S. copyright law can be registered. This includes many works of foreign origin. All works that are unpublished, regardless of the nationality of the author, are protected in the United States. Works that are first published in the United States or in a country with which United States have a copyright treaty or that are created by a citizen or domiciliary of a country with which United States have a copyright treaty are also protected and may therefore be registered with the U.S. Copyright Office.

Where do I register my patent and trademark?
In United States, in the US Patent and Trademark Office. http://www.uspto.gov/
In Italy, in the Italian Trademark and Patent Office. http://www.sviluppoeconomico.gov.it/

2.- Use a proper warning or copyright notice of the rights you are giving away or not:

A copyright notice is an identifier placed on copies of the work to inform the world of copyright ownership that generally consists of the symbol or word “copyright (or copr.),” the name of the copyright owner, and the year of first publication, e.g., ©2009 Pablo Lara H. It is now legally optional and then it does not require advance permission from, or registration with, the Copyright Office. ( http://www.copyright.gov/ )

What about Creative Commons?
http://creativecommons.org/

The website of Creative Commons  explains that all the licenses are made for “the commons”,  the body of work that is available to the public for free and legal sharing, use, repurposing, and remixing. But they make a clear statement: “Creative Commons licenses are not an alternative to copyright. They work alongside copyright, so you can modify your copyright terms to best suit your needs. “

Who is using CC?
Al Jazeera, Google, Nine Inch Nails, MIT OpenCourseWare and White House.

As a conclusion:
The United States law the copyright exists since the work is created, but it has a lot of benefits the proper registration, which is a international advise in most countries, even those who are not subscribing international treaties in the matter of copyright.

Use always a copyright notice in your artwork, even in your website.
And finally, you know I love the history and I am really proud to share with you this amazing book FOR FREE in internet: The Illustrated Story of Copyright of Edward Samuels at:

http://www.edwardsamuels.com/ILLUSTRATEDSTORY/index.htm
Please, be nice and do not copy the book. The author, Edward Samuels, gave us a big present.

Source Box:

  • http://www.copyright.gov/
  • http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
  • http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html
  • http://portal.unesco.org/culture/en/ev.php-URL_ID=1814&URL_DO=DO_TOPIC&URL_SECTION=201.html
  • http://www.wipo.int/
  • http://www.templetons.com/brad/copymyths.html
  • http://lorelle.wordpress.com/2006/04/10/what-do-you-do-when-someone-steals-your-content/
  • http://www.buyusa.gov/italy/en/ipa.html
  • http://www.uspto.gov/
  • http://www.sviluppoeconomico.gov.it/
  • http://creativecommons.org/
  • http://www.edwardsamuels.com/ILLUSTRATEDSTORY/index.htm

Further Reading