Copyright

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  1. Copyright

Introduction

Copyright is a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. This article aims to provide a beginner-friendly understanding of copyright, its implications for content creation and usage within a wiki, and how to ensure compliance with copyright laws. Understanding copyright is crucial for all users contributing to this and other wikis, as well as for anyone creating and sharing content online. Ignoring copyright can lead to serious legal consequences. This guide will cover the basics of copyright, different types of works protected, rights granted to copyright holders, exceptions to copyright (like fair use, and Creative Commons licensing), and practical advice for contributors. We will also touch upon the public domain and how it relates to freely usable content. This information is not legal advice; consult a lawyer for specific legal guidance.

What is Copyright?

At its core, copyright protects the *expression* of an idea, not the idea itself. This is a critical distinction. You can't copyright the idea of a story about a young wizard going to a magical school, but you can copyright *your specific* story about a young wizard going to a magical school. Copyright arises automatically when an original work is fixed in a tangible medium of expression – meaning it’s written down, recorded, or otherwise captured in a permanent form. This means you automatically own the copyright to anything original you create and put into a tangible form.

Copyright is a bundle of exclusive rights granted to the copyright holder. These rights include:

  • **The right to reproduce the work:** Making copies of the work.
  • **The right to distribute the work:** Selling, renting, leasing, or lending copies of the work to the public.
  • **The right to prepare derivative works:** Creating new works based on the original work (e.g., translating a book, making a movie from a novel).
  • **The right to publicly perform the work:** Performing the work publicly, such as playing a song in a concert or showing a film in a theater.
  • **The right to publicly display the work:** Showing the work publicly, such as displaying a painting in a gallery or showing a photograph online.
  • **The right to digital audio transmission:** Performing a sound recording publicly by means of digital audio transmission (often related to streaming music).

These rights are exclusive, meaning only the copyright holder (or someone they have authorized) can exercise them.

What Works are Protected by Copyright?

A wide variety of works are protected by copyright, including:

  • **Literary Works:** Books, articles, poems, software code, computer programs, scripts, blog posts, and even website content.
  • **Musical Works:** Compositions with accompanying lyrics. Includes both the musical composition and the sound recording of the performance.
  • **Dramatic Works:** Plays, screenplays, and other works intended for performance.
  • **Pictorial, Graphic, and Sculptural Works:** Photographs, paintings, drawings, sculptures, and other visual arts. Consider the implications of using stock photos and ensuring proper licensing.
  • **Motion Pictures and Other Audiovisual Works:** Movies, television shows, videos, and other moving images.
  • **Sound Recordings:** The recorded sounds of a performance.
  • **Architectural Works:** The design of buildings.

It's important to note that ideas, facts, and discoveries themselves are *not* protected by copyright. Only the *expression* of those ideas, facts, and discoveries is protected. For example, you can write your own article about technical analysis using publicly available information about moving averages, but you can’t copy someone else’s article verbatim. You can analyze candlestick patterns and present your own conclusions; however, reproducing someone else’s specific analysis without permission is a copyright violation. Understanding support and resistance levels is a fact; presenting that information in a unique way is copyrightable. The use of Fibonacci retracements is a technique; a specific explanation and application of them is copyrightable. Analyzing Bollinger Bands and their implications for volatility is research that has copyright implications. The study of Elliott Wave Theory and its predictive power is a complex field with many copyrighted interpretations. The implementation of Ichimoku Cloud strategies can be uniquely expressed and therefore copyrighted. Learning about Relative Strength Index (RSI) does not grant you the right to copy explanations from others. Applying MACD signals to specific market conditions can be a copyrighted analysis. Observing Average True Range (ATR) and its influence on trading decisions requires original expression. The analysis of On Balance Volume (OBV) and its relation to trading volume is a unique contribution. Understanding stochastic oscillators and their interpretation is key, but copying explanations is not allowed. The application of Donchian Channels for trend identification requires original thought. Employing Parabolic SAR for identifying potential reversals needs original expression. Utilizing Volume Weighted Average Price (VWAP) for analyzing trading activity requires unique content. Studying Pivot Points and their predictive capabilities requires original analysis. Understanding the nuances of Average Directional Index (ADX) and its application is crucial. Analyzing Commodity Channel Index (CCI) and its divergences is a specialized skill. The use of Rate of Change (ROC) for momentum trading requires original content. Investigating Williams %R for overbought and oversold conditions requires unique expression. Understanding the power of Chaikin Money Flow (CMF) for identifying institutional activity is valuable.

Copyright Duration

The duration of copyright protection varies depending on several factors, including when the work was created and the country of origin. Generally:

  • **Works created after January 1, 1978:** Copyright lasts for the life of the author plus 70 years.
  • **Works created by corporations:** Copyright lasts for 95 years from the year of publication or 120 years from the year of creation, whichever expires first.
  • **Works published before 1978:** The rules are more complex and depend on whether the work was published with a copyright notice and whether the copyright was renewed.

Once the copyright term expires, the work enters the public domain.

Exceptions to Copyright: Fair Use and Fair Dealing

Copyright law recognizes certain exceptions that allow limited use of copyrighted material without permission. Two important exceptions are "fair use" (in the US) and "fair dealing" (in many other countries). These exceptions allow for uses such as:

  • **Criticism:** Commenting on or critiquing a copyrighted work. For instance, you can analyze a film’s plot and cinematography in a review.
  • **Commentary:** Adding your own thoughts and interpretations to a copyrighted work.
  • **News Reporting:** Using excerpts of copyrighted material in news reports.
  • **Teaching:** Using copyrighted material in a classroom setting (often with restrictions).
  • **Scholarship and Research:** Using copyrighted material for scholarly research.
  • **Parody:** Creating a humorous imitation of a copyrighted work.

However, fair use/fair dealing is not a free pass. Courts consider several factors when determining whether a use is fair, including:

  • **The purpose and character of the use:** Is the use transformative (adding something new) or merely reproductive?
  • **The nature of the copyrighted work:** Is the work factual or creative?
  • **The amount and substantiality of the portion used:** How much of the work was used, and was it the “heart” of the work?
  • **The effect of the use upon the potential market for the copyrighted work:** Does the use harm the copyright holder’s ability to profit from the work?

Determining fair use can be complex, and it’s often best to err on the side of caution and seek permission if you’re unsure.

Creative Commons Licensing

Creative Commons (CC) licenses offer a standardized way for copyright holders to grant certain rights to the public while retaining some rights themselves. There are several different CC licenses, each with different terms of use. Common CC license elements include:

  • **Attribution (BY):** You must give appropriate credit to the author.
  • **ShareAlike (SA):** If you modify the work, you must license your derivative work under the same terms.
  • **NonCommercial (NC):** You may not use the work for commercial purposes.
  • **NoDerivatives (ND):** You may not create derivative works.

Understanding the specific terms of a CC license is crucial before using a work licensed under that license. For example, a CC BY license allows you to use, modify, and distribute the work, even commercially, as long as you give appropriate credit. A CC BY-NC-SA license allows similar uses but only for non-commercial purposes and requires you to share your derivative work under the same license.

Copyright and Wikis (like this one!)

Contributing to a wiki like this one involves specific copyright considerations:

  • **Your Contributions:** By contributing content to this wiki, you generally grant a license to others to use, modify, and redistribute your contributions under the terms specified by the wiki's licensing policy (typically a Creative Commons license). Read the wiki’s terms of use carefully!
  • **Uploading Files:** When uploading images, videos, or other files, you must ensure that you have the right to do so. You must either own the copyright to the file or have obtained permission from the copyright holder. You must also clearly indicate the copyright status and license of the file.
  • **Linking to External Sources:** Linking to copyrighted material on other websites is generally permissible, but you should avoid directly embedding copyrighted content without permission.
  • **Copying from Other Sources:** Do *not* copy and paste content from other websites or publications without permission. This is a direct violation of copyright law. Always write your own original content or use material that is clearly in the public domain or licensed under a compatible license.

Public Domain

Works in the public domain are not protected by copyright and can be used freely by anyone for any purpose. Works enter the public domain when their copyright term expires, or when the copyright holder intentionally relinquishes their rights. Many older works, especially those created before 1928 in the United States, are now in the public domain. Be careful; copyright laws vary by country, so a work in the public domain in one country may still be protected by copyright in another. Resources like Project Gutenberg offer access to a vast collection of public domain books.

Practical Advice for Contributors

  • **Assume everything is copyrighted:** Unless you know for sure that a work is in the public domain or licensed under a compatible license, assume that it is protected by copyright.
  • **Seek permission:** If you want to use copyrighted material, ask the copyright holder for permission.
  • **Use Creative Commons licensed content:** Look for content licensed under Creative Commons licenses that allow the uses you intend.
  • **Write your own original content:** This is the best way to avoid copyright problems.
  • **Properly attribute sources:** Always give credit to the authors of any works you use, even if you are using them under a fair use exception or a Creative Commons license.
  • **Understand the wiki’s licensing policy:** Familiarize yourself with the licensing terms of this wiki and ensure that your contributions comply with those terms.
  • **When in doubt, ask:** If you are unsure about the copyright status of a work, consult with a legal professional or seek guidance from the wiki’s administrators.

Resources

Disclaimer

This article provides general information about copyright law and is not intended as legal advice. Copyright law is complex and varies by jurisdiction. If you have specific legal questions, consult with a qualified attorney.


Fair Use Creative Commons Public Domain Copyright Infringement Intellectual Property Derivative Work Copyright Holder Licensing Attribution Terms of Use

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