Every day, thousands of artists sign onto the internet to various art communities, websites, and conferences with art in hand. With these artists are your everyday internet explorers, who love to browse the gorgeous (and sometimes misunderstood) masterpieces people have spent hours, days, weeks, even years on to post this very day. Being an artist is hard work, as you need to focus on the progress of your own artistic skill, the financial matters involving the skills, and as usual, the population of people who every single day come to praise, insult, or think over the very art you post.

In addition to being an artist, you must be aware of the very thing your art is protected by: Your ownership. The proof that the art you have created is yours, the content in it, as well as any ideas associated with it. Many people have created watermarks, special digital signatures, and specific programs that insert code within a .psd file in order to protect it from theft. You are only taking the utmost care to ensure your work stays yours.

But amidst the paranoia and common knowledge of protection, some artists find it a vital note to ensure that everything they make is under proper copyrights. How many of you, artist or otherwise, have had the experience of looking at the bold font beneath all Artist's Comments: This artwork is copyright by [artistname][year]; [Species Name] copyright by [Artistname][year]; [Character's ear design] copyright by [artistname][year]? A good portion of the art you've viewed has that, yes?

Perhaps you'd like to know that many of those things you see protected by copyright in bold beneath the artist's comments, cannot be protected by copyright at all, according to multiple laws. A bit blasphemic, if you'd sit to think about it, but it is a true fact, and there are simple reasons for it. But before we get to those reasons, let's get to what is true, and what is false.


THE COMMON NOTION ABOUT COPYRIGHT

The following list is a compliation of multiple site references regarding the most popular notions regarding Copyright:

1. No Copyright Notice? No Copyright!
Belief: If you don't make an official application to your country's copyright offices, you do not have copyright over a particular item.
Reality: "Copyright protection is automatic as soon as there is a record in any form of the material that has been created, and there is no official registration or form or fee." This statement from the Intellectual Property Office of the United Kingdoms is seen repeatedly throughout most of the world. Almost all countries and their copyright offices state that as soon as a piece of work is created or recorded as existing, it owns a copyright.

2. If The Owner Doesn't Charge, It's Not A Violation
Belief: If the owner decides not to sue, or take notice of the violation, then it's not a violation to worry about at all.
Reality: While some people believe that simply using the work, whether for advertising or sheer fandom purposes is not a violation of copyright law, it still is. Regardless of whether or not you've charged for the piece you're showing, it is up to the owner complete to decide whether or not their work should be displayed or published. Violating their wishes violates copyrights.

3. It's In The Internet, It's Public Domain Content!
Belief: If I see it online, it's free to take regardless of who owns it.
Reality: The internet is merely today's way of publishing. As such, all rules that apply to publishing, apply to the internet. Unless the owner places the work in public domain for free use, it is still protected. Things that cannot be protected by copyright, or lost however, are automatically placed within the public domain for use. (Such things included copyrights that have expired and never renewed, federal documents, ideas, titles, names, phrases, slogans, and many government documents)

4. If I Make Fanfiction/Fanart, It's My Work!
Belief: Because I wrote/drew this piece with characters/environments/ideas from _____, it's my work completely.
Reality: What society today calls 'fanart' and 'fanfiction' is merely an easier way of saying 'derivative work'. As such, the making of deriviative works still belongs to the copyright owner. If you use characters, scenes, or settings from another's work, you need strict permission unless it is a parody or satire. With this fact, all fanart and fanfiction are under copyright violation. Why don't they come after fanfiction and fanart? Most owners tolerate these violations, for their own reasons (i.e. free advertising, encouragement, etc.)

5. Nothing Protected by Copyright Can Be Reproduced
Belief: If something is protected by copyright, it cannot be reproduced in any manner whatsoever.
Reality: Copyright has two purposes which are to protect the author's right to obtain commercial benefit from valuable work, and the protection of the author's right to control how that work is used. As such, an author of any work may provide you the permission to reproduce the work under certain circumstances and licenses. So this can be a yes and no circumstance.

6. Poor Man's Copyright Proves Ownership
Belief: I mailed myself a copy of the work I completed, so I will win any cases regarding copyright.
Reality: Throughout research and reference, there has been no proof that sending copies to yourself have been used successfully to prove ownership. Since sending it to a post office or any form of service involves you doing it yourself, there's no evidence to state the contents haven't been swapped or fabricated. Since the process is so simple, it's not considered of any worth. According to the US Copyright Office on the matter: “The practice of sending a copy of your own work to yourself is sometimes called a ‘ poor man’s copyright.’ There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.” This statement is repeated in multiple countries.

7. My Name/Title is Protected by Copyright! Back Off!
Belief: The names and titles I create for my characters are protected by copyright and may not be used by anyone.
Reality: If you haven't noticed, a good portion of names and titles can be easily reproduced and duplicated. There's no reason whatsoever why two works cannot have the same title. However, while this is the case, names can be protected under a 'trademark', which is only kept if the name itself is exclusively used and known by the public for a service or action. (I.E. If someone asks you for a Coke, you know exactly what a Coke is due to its advertised perception. You expect it to be a drink.)

8. Copyright Protects Every Idea I Create
Belief: Anything I create or think of is automatically protected by copyright and protected by that copyright.
Reality: There is a large misconception about copyrights protecting everything that is created. Copyrights can only protect a recorded work, and in some cases only part of such recorded work. It cannot apply to names or even inventions (which would belong under trademarks and patents.) This is one of the biggest misconceptions about copyright: That it protects everything.

9. Full Credit To The Original Artist Makes Copying Legal
Belief: I gave full credit to the original artist with/without permission, so its okay.
Reality: Even with full credit listed or shown in full and clear detail, without the authorized approval of the author, the work is still considered infringement or an act of copyright violation.

10. If An Existing Work Is Modified, It Belongs To Me
Belief: I only used parts of her work as influence, it still belongs to me.
Reality: The act of adapting or changing someone else's work is considered a breach of copyright. Any adaption is also considered derivative work (explained in detail earlier). The owner has any right to object to such works.

11. Art Thief! That Work Is Mine!
Belief: I found someone who stole my art! It doesn't belong to them!
Reality: Artists commonly claim work that is re-established under another's name is considered 'art theft'. However, a theft means that the person in question has completely taken the original piece of work, in which case, the original owner now has no jurisdiction over it, rendering any attempts claim it as theirs, moot. In actuality, 'art theft' is really 'copyright violation' or 'copyright infringement'.

12. This Is The Internet. I Can Own Whatever I Want.
Belief: The internet is a fictional set up by fictional people and all real life rules do not apply.
Reality: The internet is stated as a form of media by multiple laws, and all laws and rules that apply to a real person, apply to the internet. The internet is a virtual magazine, television, radio, and convention center. Everything that occurs and rules in such forms of media, occur and rule on the internet. There have been more than enough legal cases to back up that rules of the 'real world' still apply to the internet.

13. My Artwork Is Signed/Labeled With ©. It's Protected.
Belief: Putting the ©, ( c ), or word 'Copyright' automatically entails your ownership of the piece.
Reality: Putting a ( c ) is the last thing any serious artist/author wants to do to hold ownership. In legal cases, it's been proven to be the downfall of multiple owners who really owned the work, but lost it due to their assumptions. While copyright is automatically given to you based on creation of the piece, you must make sure that the piece in question is allowed to be protected by copyright, and placed with a ©[authorname][year] in order to ensure full protection. If the piece cannot be protected by copyright according to your country/international copyright laws, regardless of ©, it is not protected at all.

14. Deviantart's Copyright Policy
Belief: Deviantart's Copyright Policy states everything I need to know about copyright for the site, or anywhere.
Reality: From the Copyright Policy of Deviantart itself: "Understand that the following form is provided for informational purposes only and is intended to be used as a guide only. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney." This means that regardless of what is stated in the Deviantart Copyright Policy, does not mean that any of it applies to any individual unless stated in that individual's copyright law offices of their country. The Policy is listed as a guide and a helpful hand towards new Deviants (even though many mistake the information which is not excessively detailed to cover all cases, as itself states.)


Well, wasn't that a downer? Reading all of that probably has given the majority of you doubts and questions as to what you really own, and what you don't. Perhaps we need to go in depth with the system, and figure out why some of the above are as they are.


WHAT IS A COPYRIGHT?

"Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works." - United States Copyright Office

"Copyright is a property right which subsists in accordance with this Part in the following descriptions of work: Original literary, dramatic, musical works, sound recordings, films, broadcasts, and typographical arrangement of published editions." - UK Intellectual Property Office

"Copyright gives the creator of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain." - Wikipedia

WHAT IS A TRADEMARK?

"A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others." - United States Copyright Office

"A trade mark is a sign which can distinguish your goods and services from those of your competitors. It can be for example words, logos or a combination of both." - UK Intellectual Property Office

"A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities." - Wikipedia

WHAT IS A PATENT?

"A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. " - United States Copyright Office

"A patent protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. It gives the owner the right to prevent others from making, using, importing or selling the invention without permission." - UK Intellectual Property Office

"A patent is a set of exclusive rights granted by a State to an inventor or his assignee for a limited period of time in exchange for a disclosure of an invention." - Wikipedia

Now that you know the definitions of a copyright, trademark, and patent are, let's go into extensive detail regarding what can be protected by copyright, trademark, and patent; as well as the things that cannot. In general, the list of things that can be protected is probably the very thing that confuses people on the differences of copyrights, trademarks, and patents. For the following section in particular, I've used the list provided by the Library of Congress in the United States regarding copyrights, trademarks, patents, and the things they each protect and do not protect. The reason for this is because the United States is part of the Berne Convention for the Protection of Literary and Artistic Works, which is an international agreement that governs copyright specifically, although trademark and patent laws may be established as well. What does this mean? In short, it means whatever is listed applies internationally from a general aspect.


WHAT CAN BE PROTECTED BY COPYRIGHT?

Things Protected By Copyright:
Literary, dramatic, musical, and artistic works such as: poetry, novels, movies, songs, computer software, and architecture.

Things NOT Protected By Copyright:
Facts (Information), Ideas (Ear Designs), Systems (Admistration operation), Methods (Scientific Method), Processes (How To Color Like _____), Discoveries (Species, DNA Fragments), Poses (Photography or tutorial sessions). Copyright may protect the way they are expressed (i.e. the above).

WHAT CAN BE PROTECTED BY TRADEMARK?

Things Protected By Trademark:
Names (Giorgio Armani), Words (Poison), Phrases (Got Milk?), Logos, Symbols (Pillsbury Doughboy), Designs (Coca-Cola Bottle)

Things NOT Protected by Trademark:
Literary, dramatic, musical, and artistic works. Processes, machines, manufacturing techniques, compositions of matter, and methods.

WHAT CAN BE PROTECTED BY PATENT?

Things Protected By Patent:
Any person who discovers any new or useful process (act or method, such as industrial or technical processes), machine (Any machine, such as a form of computer.), manufacture(Articles that are made, such as certain clothing), or composition of matter (chemical compositions, new chemical compounds, or mixture of ingredients such as certain recipes), or any new and useful improvement thereof may obtain a patent subject to the conditions and requirements of the law.

Things NOT Protected by Patent:
Anything not deemed useful (useful in the way that it has a useful purpose and includes operativeness), Laws of nature (species creation, gravity, evolution), physical phenomena (mutations of both animal and or natural force), and abstract ideas. Suggestions and ideas not performed tangibly (the machine is merely an idea, not a reality) cannot be patented.


WHY?

The question why comes up a lot (especially while I was writing this with my mates) when wondering why certain things cannot be protected by copyright. The reason for this is simply: There'd be nothing left. Think of everything you see on a day to day basis in Deviantart and other websites. Think of every complaint you've heard about how this character looks like that character, or how these eyes are similar to these eyes. If someone were to be able to copyright everything they created, they'd not only be under copyright violation (if the thing created was found created earlier by someone else), but they'd also control (if they were the first) every aspect of that thing.

For example, if God had placed a copyright on the anatomic design of human beings, then no one on Earth (if following the law), would be able to design any form of object that was similar to a human being. No Aliens, no Anthros, nothing. We'd be sued by God. Now, this is a bit of a far-fetched case, but if you apply the examples to people you look at everyday and their works, you'd see why these laws are in place. If dragons or cats were protected by copyright, we'd be unable to see them in works of anime, art, or even songs merely because we'd need permission from their owners to use. And with the amount of fanfiction and fanart that goes around with disclaimers only, and no authorized permission, the person in charge of the copyright would be filthy rich if they decided to drop the hammer.

HOW MISUNDERSTANDING THE DEFINITIONS CAN HARM ARTISTS

While today, anyone that creates a work automatically creates a copyright, from the information above, one has to realize what a copyright protection ensures. If you were to freak out about someone stealing your character or dog designs, and call up legal offices, you'd probably be laughed at (humorous people get law positions it seems...) while dealing with the severe disappointment of suddenly realizing just how much you don't own. It's human nature to have possession over something, and some take this to the extreme. For doing this, the disappointment can be drastic, enough to cause the person to drop their profession and work entirely because they failed to understand what can and cannot be protected by copyrights, trademarks, and patents.

WHAT CAN BE DONE TO PREVENT MISUNDERSTANDINGS?

Research. Research. Research. Not just this article, or any other copyright article on Deviantart. As much as you can possibly muster before breaking down. Research and learning is an eternal function of ours once we are born. We live merely because we learn from both our mistakes, and the experiences that come our way. Some people make it a note to review their country's copyright law documents once a month, to ensure that any new updates are known to them, and anything outdated can be handled quickly. There are some people who still believe in copyright laws from the past, where you were required to submit an application for a copyright to even exist. As long as you're on top of your game in both your professions and the laws that protect it, nothing will harm you or surprise you as you aim higher in that profession. Slacking off and avoiding such laws can get you in trouble, and even put you at a dead end when you realize some of the myths you've been living on aren't true at all.

Get the facts straight, and research. Once the research is done, and you feel confident that you can share the information with those less aware (i.e. artists you meet everyday or even close friends and family on websites and at home), go do it!





REFERENCES AND EXTERNAL LINKS
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Myth References

Templeton, Brad. "10 Big Myths about copyright explained." October 2008 Web.9 Jun 2009. <[link]
UK Copyright Service, "Ten Common Copyright Myths." 2009 Web.9 Jun 2009. <[link]
Keyt, Richard. "Top 10 Urban Copyright Myths." May 27, 2009 Web.9 Jun 2009. <[link]
Steven, Daniel. "Top 10 Copyright Myths." 2003 Web.9 Jun 2009. <[link]


International Copyright Law Office Documentation

United States Copyright Office, "Copyright Act & Basics." 07/2008 Web.9 Jun 2009. <[link]
National Assembly of Wales, "Copyright, Desigs & Patent Act 1988." 01/2009 Web.9 Jun 2009. <[link]
International Trademark Association, "Basic Trademark Information." 2009 Web.9 Jun 2009. <[link]
Wikipedia, "Copyright." March 2009 Web.9 Jun 2009. <[link]
"Berne Convention for the Protection of Literary and Artistic Works." September 28, 1979 Web.9 Jun 2009. <[link]
Canadian Intellectual Property Office, "Copyrights Documentation." 2009-06-08 Web.9 Jun 2009. <[link]
Faculty of Law, University of Amsterdam. " Copyright Act 1912 (Netherlands)." 15.12.2005 Web.9 Jun 2009. <[link]
Intellectual Property Code, " MISE A JOUR LEGIFRANCE." 02/08/03 Web.9 Jun 2009. <[link]
United States Copyright Office, "Copyrights." 05-Jun-2009 Web.9 Jun 2009. <[link]