Copywrite & Intellectual Property

First, let me state that I am not an attorney, although throughout my career I worked closely with them, fought with them, learned from them, and taught them.  With that, what follows is not an exhaustive legal brief, it is opinion based on recollection.  But with that, I suspect I’m not far off the mark.

Once an idea passes from the inner world of the mind of the creator to the outer world surrounding, in virtually any physical form. It becomes the intellectual property of the creator. 

From a legal perspective, intellectual property is protected from unauthorized use by others via the mechanics of copywrite, patent, trademark, and trade secrets.  Note that none of these prevent the unlawful use of intellectual property.  They, do however, provide the legal avenue to attempt to recover damages from unauthorized use.  They are important in that regard.

For my own purposes, copywrite protection is of little financial value – I don’t expect to realize financial gain from my “art.”  If I do, I do.  But the well-being of my family is not dependent on the income derived from the effort.  Copywriting does, however, provide some protection against misrepresentation and/or fraud resulting from the theft my work.

For the purposes of my fellow classmates, however, those who expect to earn a living from their art, it is arguably a crucial step in their creative processes.  The income derived from their artistic efforts will not just support their art, it will help to support themselves, and their families.  For them, I believe it to be essential.

What are my responsibilities to the creators of media?  To me, it lies in my upbringing:  Give credit where credit is due.  Don’t just take it, ask first if you may use it.  If you borrow it, return it in as good of condition, or better, than when you took it.  And fill it up with gas.

Why?  In my thinking, an artist’s work is first an expression of self, an extension of self.  To make use another’s work for one’s own benefit without first seeking, and receiving, her permission, is not only robbing her, potentially, of her livelihood, it is to rob her of a bit of her soul, herself, as well.  To do so unknowingly and unwittingly is perhaps forgivable.  To do so with intent is callous disregard, disrespect, of another.  And a true lack of honour and integrity.

How do I protect myself?  By copywriting my work.  That way I can exercise my rights to my property in court.  (Also, I think that the © symbol serves as a deterrent, much like “Protected by…” decals and Ring doorbell cameras.)

And now for something completely different . . . 

Chapter 8 of The Hitchhiker’s Guide to the Galaxy opens with:

“The Hitchhiker’s Guide to the Galaxy … has been compiled and recompiled many times over many years.  It contains contributions from countless numbers of travelers and research. 

After a while the style settles down a bit and it begins to tell you things you really need to know…”

Not unlike the genesis of Wikipedia, and the “management” of its content.