Some Common Misconceptions About Copyright Law -

Myth #1 - The Copyright Laws do Not Apply To Things That Are Found On The Internet -

This was primarily a myth that many people held early on in the days of the Internet. It is a myth that has been largely overcome by the very visible copyright cases that have been brought to court relating to Internet content.

Clearly the copyright laws apply to information that is found on the Internet. Posting something on the Internet is not a showing of consent by the author or owner to place the work in the public domain. This is also the case with information that is found on the Internet that does not include a copyright notice. Under current U.S. law, even material that does not include copyright notice is protected.

Myth # 2 - If An Item Does Not Contain A Copyright Notice, it Is In The Public Domain And Is Not Protected Under The Copyright Laws -

It used to be the law that if material was substantially published without inclusion of the proper form of copyright notice, it could lapse into the public domain. But that law was changed around 10 years ago.

Now, a work is protected even if it is published without a copyright notice. So you must assume that all information that you find on the Internet or otherwise is protected. Failure to include a copyright notice does have consequences and it is certainly advisable to use a copyright notice. Placing a copyright notice on an item can help overcome an argument that an infringement was innocent. It can also help show that an infringement was willful, which makes it possible to collect higher statutory damages upon proof of infringement.

But as a threshold matter, failing to include a copyright notice does not overcome the availability of using the copyright laws to protect a work.

Myth # 3 - If An Owner Has Not Registered A Copyright With The Copyright Office, There Are No Copyrights In The Work -

This is incorrect. Copyright protection arises upon fixation of an original work of authorship in a tangible medium of expression. In other words, copyright protection exists at the time that the work is created. Filing a copyright registration does not create a copyright.

Registering a copyright is nevertheless beneficial and should be done. Registering a copyright gives a party access to the federal courts to sue for infringement. Additionally, filing a copyright on a timely basis (generally within 3 months after first publication) reserves the ability to collect attorney fees and statutory damages if infringement is shown. These remedies make it much more likely that it will be economically feasible to pursue a claim of infringement and provides a strong hammer to use to make someone discontinue infringing activities upon discovery.