educational

Intro To Copyright Law

I don't think there is any area of the Internet so misunderstood as copyright law. Terms like “work of authorship,” “fair use” and “derivative works” are confusing, and many people do not know how to copyright their own work.

This article will give you a quick overview of current copyright law as it applies to small business owners and freelancers on the Internet. I am not a lawyer and this article does not constitute legal advice, so you have questions about a specific situation, contact an attorney.

What Is A Copyright?
A copyright is protection under the Federal Copyright Act of 1976 which states that the original author of a creative work has the exclusive right to control who makes copies of the work and who modifies the work to create a new “derivative” work.

You can sell or license the right to copy your work. If you create the work as part of your job responsibilities – if you write software code, for example – your employer is the author of the work. If anyone else copies, rents or distributes your copyrighted work, they must have your permission or pay you a fee.

What Is “Fair Use?”
The “fair use” doctrine allows you to use someone else’s work in a limited way without permission. Two common examples of fair use are the use of movie clips in film reviews and the use of the slides you saw in your Art History class by your professor for educational purposes.

Fair use is intended to facilitate commentary, reporting, parody, and education. Fair use does not harm the commercial value of the work.

How Do I Register A Copyright?
Your creative work is protected when it is “fixed” in a permanent (“tangible“) form. This can mean words written on paper, music recorded on a CD, or a computer graphic saved to disk.

You do not need to put a copyright notice on your work or register your copyright to protect your work. However, if you plan to sue for copyright infringement, you will need to register your copyright with the Copyright Office. This registration preserves your right to sue for copyright infringement, and entitles you to statutory (rather than actual) damages if your copyright is infringed. The current fee to register your copyright is $30.00.

Who Owns the Copyright To My Work?
You, as the author, own the copyright to all of your original work unless the work was produced as part of your employment. If you are an employer and your employee creates the work within the scope of his or her job duties, you own the copyright as the employer.

What Cannot Be Copyrighted?
Anything that does not include original work cannot be copyrighted. Examples of things that cannot be copyrighted include altering typefaces or colors on a logo, a list of ingredients in a recipe, or an idea.

Remember, you can copyright the expression of an idea, but not the idea itself. A mathematical equation cannot be copyrighted. An article explaining a mathematical equation is protected under copyright law.

In addition, copyright law does not protect works in the public domain, like the works of Shakespeare, government publications, and material whose copyright has expired.

Can I Copyright My Website?
You can copyright the content of your website, including articles, artwork, photographs, and audio files. You can also copyright your weekly or monthly newsletter using a group registration for a serial publication, also available through the US Copyright Office.

How Do I Get Permission To Use Copyrighted Material?
Contact the author of the copyrighted work directly and ask for his or her permission, which should be granted in writing. Remember, do not use other people's work on your website without permission. Even if you are not charging for a copy of someone else's work, you do not have the right to copy or distribute any material protected by copyright law. If you do, you may find yourself being sued for copyright infringement.

For further information, check out the Library of Congress Copyright Office https://www.copyright.gov/ and The Copyright Website https://www.benedict.com/default.asp

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Reba Rocket

As chief operating officer and chief marketing officer of Takedown Piracy, long at the forefront of intellectual property protection in adult entertainment, Rocket is dedicated to safeguarding the livelihoods of content creators and producers while fostering a more ethical and sustainable industry.

Women In Adult ·
opinion

Protecting Content Ownership Rights When Using AI

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game changer, enabling creators to produce high-quality content quickly and efficiently.

Corey D. Silverstein ·
opinion

How Payment Orchestration Can Help Your Business

An emerging payment solution is making waves in the merchant world: the payment orchestration platform (POP). It’s quickly gaining traction as a powerful tool for managing online payments — but questions abound.

Cathy Beardsley ·
opinion

Fine-Tuning Refund and Cancellation Policies

For adult websites, managing refunds and cancellations isn’t just about customer service. It’s a crucial factor in maintaining compliance with the regulations of payment processors and payment networks such as Visa and Mastercard.

Jonathan Corona ·
profile

WIA Profile: Laurel Bencomo

Born in Cambridge, England but raised in Spain, Laurel Bencomo initially chose to study business at the University of Barcelona simply because it felt familiar — both of her parents are entrepreneurs. She went on to earn a master’s degree in sales and marketing management at the EADA Business School, while working in events for a group of restaurants in Barcelona.

Women In Adult ·
profile

Gregory Dorcel on Building Upon His Brand's Signature Legacy

“Whether reflected in the storyline or the cast or even the locations, the entertainment we deliver is based on fantasy,” he elaborates. “Our business is not, and never has been, reality. People who are buying our content aren’t expecting reality, or direct contact with stars like you can have with OnlyFans,” he says.

Jeff Dana ·
opinion

How to Turn Card Brand Compliance Into Effective Marketing

In the adult sector, compliance is often treated as a gauntlet of mandatory checkboxes. While it’s true that those boxes need to be ticked and regulations must be followed, sites that view compliance strictly as a chore risk missing out on a bigger opportunity.

Jonathan Corona ·
opinion

A Look at the Latest AI Tools for Online Safety

One of the defining challenges for adult businesses is helping to combat the proliferation of illegal or nonconsensual content, as well as preventing minors from accessing inappropriate or harmful material — all the more so because companies or sites unable or unwilling to do so may expose themselves to significant penalties and put their users at risk.

Gavin Worrall ·
opinion

Know When to Drop Domains You Don't Need

Do you own too many domains? If so, you’re not alone. Like other things we accumulate, every registered domain means something to us. Sometimes a domain represents a dream project we have always wanted to do but have never quite gotten around to.

Juicy Jay ·
opinion

Understanding 'Indemnification' in Business Contracts

Clients frequently tell me that they didn’t understand — or sometimes, even read — certain portions of a contract because those sections appeared to be just “standard legalese.” They are referring, of course, to the specialized language used in legal documents, including contracts.

Corey D. Silverstein ·
Show More