What is copyright?
Copyright is the exclusive right of a creator of a piece of work. That work may be literary or written material, images, photographs, music, or artistic works. This work or product is also referred to as intellectual property. The unauthorized use of such material without the express consent of its creator is stealing another person’s or company’s product. Surprisingly, including a copyright statement or notice on or in the work is not required by law, although most published works include them.
It is important to note that copyright does not exist only in Canada or the United States; it is international. However, owning a trademark or copyright in one country does not automatically protect the work throughout the world. It must be protected in each country according to that country’s laws.
A copyright notice contains the word “copyright” or a letter C in a circle © and the name of the author or owner of the copyright, usually at the beginning or end of the work for printed and video works or at the bottom of the page for websites and other online materials.
What is copyright infringement?
Copyright infringement is the unauthorized use of work created by another without the express consent of its creator. To protect yourself against such violation, include a notice of copyright in your work.
When taking on a new assignment or work project, writers often use reference resources from various sources such as clients, online research, or books to develop new material or update existing material. Be careful not to infringe someone else’s copyright by presenting these ideas or information as your own. Be sure to cite the source and give credit to the original author or creator.
Copyright and technical writers
As an employee or as an independent contractor for a client, the work you create may be protected under copyright. However, because someone paid you to create the work, the copyright usually belongs to them. For more information, it is best to discuss this with your client and obtain independent legal advice for appropriate notice of copyright.
Technical writers can be exposed to copyright infringement just like any other creator of a piece of work. As creators, technical writers flex their inherent talent for writing clear, concise material either for client use, professional affiliation, or personal use. But we sometimes don’t consider copyright concerns and how they might affect our work. In the day and age of the Internet, the risk of violation of copyright is increased.
If you are relying on a lot of information from outside sources, you might want to write to the creator or author to ask permission to use or refer to their work. Or, if you’re using most or all of a creative work (for example, your client wants to use a well-known song to sell a product), you would need to ask the songwriter and the performer for permission to use it. It’s common for the creator to include limitations on how their work is used and when. Once you have permission, it is important that you do not use it beyond the agreed terms. If you go outside the terms, the creator can initiate a copyright infringement claim against you. However, if you used a reference work simply for background research or quoted a short passage, you would not need to ask permission.
How can you protect yourself and your work?
Often clients provide a copyright notice on their website and in their reference materials. As an independent contractor, your work product created for that client might be protected as well. For more information, it is best to discuss this with your client and to obtain independent legal advice about whether to include copyright in your contract.
Copyright is a complicated legal topic. If you think that another person or company might be violating your copyright, contact an intellectual property lawyer for more information.
Reference – The Copyright Act in Canada
In Canada, the Copyright Act indicates that it is an infringement for a person to sell, rent, or distribute a work without the consent of the copyright owner.
Tanya Vasto is a Technical Communications student at Simon Fraser University with a legal background who enjoys writing and who is looking to develop a career as a technical writer.