The importance of Copyright and Creative Commons in the digital era

25 August 2022 | Communication

So, why is it so important to talk about Copyright right now? The Covid-19 pandemic has changed the forms of communication.

Life has turned to the internet, which has become the main tool to continue carrying out work, school and entertainment, which has increased dramatically the amount of content shared in social media. Creative people, more than ever, turn to the internet to share their work and reach more people; plus, a lot of educational resources are available every day to support remote schooling. It is clear that today it is essential to talk about Copyright, whether you are an author or community manager or a marketing professional.

In Mexico, Where Can You Get All the Information You Need about Copyright?

In Mexico there is the National Institute of Copyright (Indautor, in Spanish), the government body in charge of carrying out all the procedures corresponding to Copyright and ensuring that the law is complied with on this issue.

● What can be registered at Indautor? Copyright protects literary, musical (with or without music), dramatic, visual, architectural, cinematographic and audiovisual, photographic, etc. works.

● Who is an author? The person that creates a work of their intellect.

● For how long is a copyright valid? A hundred years after the author’s death. After that, their work passes into the public domain.

● What are the main functions of the Institute? Recording of literary and artistic works; keeping a registry of legal acts, agreements and contracts by which patrimonial rights are transmitted; advice on copyright and related rights, among other functions.

Copyright is only one branch of intellectual property; Industrial Property is another one, for example, which refers to brands and logos.

If a person, such as a content creator, wants to use, say, photographs, texts or illustrations, as part of their job, they should ask the author for permission to share. Nevertheless, reality can be very different, either because the author is not available or because he or she is beyond reach. On the other hand, the internet has made it really easy to share any kind of content, so it appears like anyone can make use of another person’s work freely, but most of the time that’s not the case, as it is neither correct nor legal.

Creative Commons

As an author, Copyright might seem a bit rigid for you, and there’s where Creative Commons emerges. It is a type of license that looks after the intellectual property of the authors and legally protects those who use other people’s works. According to its official site, it consists of offering content that can be “copied, distributed, edited, remixed and used as a basis to create something new, all within the limits of copyright laws."

Creative Commons is a tool that facilitates creators to share their work in order to reach very wide audiences, but without losing their copyright. It is a legal tool that comes in handy since it offers six different licences, so that the authors can choose the one that best suits their interest. Also, each license is identified with an icon that allows easy recognition:

● Recognition (BY): The creator must be properly credited. It is the basic license and additional permissions can be added to it.

● Attribution and Share Alike (BY-SA): Derivative works of the original must be shared with the same license.

● Recognition and Non-Commercial Use (BY-NC): The work can be shared with due recognition but cannot have a commercial use by third parties.

● Acknowledgment and No Derivative Work (BY-ND): In addition to acknowledgment, the creation of derivative works is not allowed.

● Attribution, Non-Commercial Use and Share Alike (BY-NC-SA): The derivative work of the original must not have a commercial use and must be shared under the same license.

● Attribution, Non-Commercial Use and No Derivative Work (BY-NC-ND): Accreditation of authorship, the creation of a derivative work is prohibited and must not have a commercial use.

La importancia de los Derechos de Autor en la era digital y por qué conocer Creative Commons

Anyone who decides to share their work under a Creative Commons license should fully know the implications of it. Ideally, they should seek legal advice because, although great benefits can be obtained with this tool, this also implies handing over some rights that are recognized by copyright and Author's Rights. However, Creative Commons offers a secure way to reach more people in an era where creative work is shared on the internet.

Copyright education still has a long way to go until we are aware that not everything on the internet can be used freely; creators should also consider that the registration of their works is essential to ensure their authorship and heritage.