Need canonical answers (FAQ) for Copyright

Question

We have received well over 600 questions tagged copyright. This is now effectively – and by far – our most common tag. And many copyright questions, even when not duplicates, are amenable to the same answers.

We should try to find and catalog its "canonical answers." I've made a custom of doing that in the Tag Info – for example, see the fair-use info. But copyright does not yet have any canonical answers.

I realize the tag info is rarely checked but, at the very least, when a new question is asked that we can't close as a duplicate, it is much easier to post a comment suggesting the asker check the canonical answers in the associated tags (than to hunt through hundreds questions for the exact answers I know I've seen).

Update for clarification: Yes, there is plenty of nuance in copyright law. But there are some questions that are appearing over and over. For example, variants of "Is it legal to copy something protected by copyright as long as I don't sell it, or if I just do it for my own amusement?" have appeared often enough that existing answers are more than adequate, and I know (but can't easily find) at least one is really good and worth highlighting in the tag info.

Answer 1

I've been thinking that we should start up with questions that will, without a doubt, apply internationally, by finding common themes in the Berne Convention.

I was thinking of two questions as a way to get started:

• What is the Berne Convention, and how does it influence copyright internationally? Basically, looking into the fact that hey copyright is automatic, and lasts a long time, and that no matter where you are, it's fundamentally the same.

• How do I know something is under copyright, and when can I use it? Somewhat similar to the first question. Basically, that copyright lasts, and there are rights reserved for the author. Introductory to licenses and fair use. The second part of the question may be a little bit iffy, but it's an idea.

I'd like to with writing Q&As for these, but I'll only really have the time to do it over the weekend. Of course, they are up for grabs, so if you'd like to do it, you can :)

Answer 2

On reflection, I think we need a set of canonical questions on aspects of copyright (with answers), otherwise we run the risk of sanctioning a massively too-broad question. We have Dawn's canonical Q&A on fair use in the US. Perhaps one could look for recurring themes and especially words. For example we get lots of questions asking if it's okay to make derivative works without permission, only most people don't know that they're called "derivative works", so how would they know that this question has been answered a zillion times? A project would be to identify topic areas. Let's see...

Thanks to Zizouz212's link to the copyright titles, I've come up with a rough list of topics, which represent recurring and answerable questions (some may only be answerable in theory). An obvious fact is that most questions are computer-related. These are somewhat functionally sorted.

What is copyright, and what is copyrighted

1. Consequences of infringing copyright
2. What is protected
3. Are words protected (e.g., can I use the word 'Dothraki')
4. Are facts protected
5. Derivative works (subtitles, translations) – when do they infringe; who owns copyright
6. Private use (isn't it OK to infringe for my personal, or non-profit use?)
7. Fair use
8. Exact copying versus modifying {copying is copying: this is basically an evidence issue for music, where similarity could be accidental and not proof of copying}
9. When is copyright in my work owned by someone else? Work for hire, off-clock work, academia, collaborations
10. Compulsory licensing (e.g., how do I get permission to sing Bohemian Rhapsody)
11. Difference from trademark law (e.g.: it's not copyright that protects the term "Microsoft")
12. Difference from trade secrets

If it’s out there

1. If I find it on the internet it's OK to use, right?
2. Including/copying images, logos (if it's small enough maybe it's not protected, right?)
3. Caching and other statutory provisions for copying
4. Does linking to copyrighted content infringe
5. Liability of third-parties (e.g., hosts, sites, forums)
6. DMCA takedown process and liability

Software and licensed content

1. Licensing in general; difference between licensing and owning
2. Clickwrap and EULA (especially: what is "agreement")
3. Applicability of first sale doctrine
4. CC and GPL license terms
5. Are software algorithms protected (esp. translation of source code to other languages)

(A huge number of these questions are of the form: "I don't want to bother trying to these understand license terms, please tell me whether I can do X.")

Anyhow, those are some ideas. Then there's the matter of writing...I will pause for comments (and other endeavors).