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NB: These notes are provided as basic information for the benefit of creators and users of copyrighted material. They provide a very simplified overview. If you feel that you may be affected in any way by copyright law we recommend that you check the internet for more information. Unfortunately, many legal advisors are not very knowledgable on the subject.

Copyright infringement is treated in law as 'theft'. It is therfore a criminal offence and can carry stiff penalties, a criminal record and (in extreme cases such as illegal duplication on a commercial scale) even a prison sentence. This is potentially serious stuff so its worth becoming aware of the issues involved if you think it might affect you.

Copyright simply means that the creator of certain material has the sole right to make copies or to give written permission to someone else to make copies.

Copyright protects original literary, dramatic, musical and artistic works, published editions of works (e.g. books), sound recordings (CDs, tapes and digital audio files), films (including videotapes, DVDs and digital file versions) and broadcasts (sound and video).

Computer programs are protected as being a 'literary works' and even databases are protected (if they are original), as are architects and engineering drawings.

The 'artistic merit' of an original work is not considered, since this is subjective.

If you buy any copyright protected material it is essentially for your personal use. Most people will have seen the copyright notices on books and films - "you cannot hire, broadcast, duplicate (copy) etc .etc." Its the same with artwork. You can hang it on your wall but you can't use it for promotional purposes. You can't display it on a web-site or reproduce it in a book without the written permission of the copyright holder and the payment of a suitable fee.

Web-sites and the material they contain are also protected. Many believe that a web-site is "public domain" but this is not the case. Even if the web-site allows you to download images or other files these will still be copyright protected.

In Ireland and the UK copyright protection is automatic. It is not necessary for the creator of the material to register it in any manner. However, this is not true for all countries and some do require registration. Of course, the key issue here is that the creator needs to be able to prove that a piece is their work. Digitally sourced material can be encoded with hidden data to prove this but it is more difficult with conventional paintings, photographs, songs, software etc. Usually, some form of time & date stamped copy needs to be lodged with a reputable organisation to provide proof.

Since copyright protection is automatic, it follows that anything that can be copyright protected is copyright protected. By international agreement copyright protection extends to seventy years after the death of the owner.

Copyright Notes
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