The Female Entrepreneur Magazine January 2016 January 2016 | Page 10
January 2016
3. Ringtones Created from CDs and Copyright Infringement
Ringtones created from CDs or other published sources of music are not copyright
infringement if the person who creates them only uses them for their own phone and in
no way publishes, promotes, or benefits financially from the created ring tone.
However, if you seek to share, promote or profit in anyway from the ring tone you
created without permission, it is an act of copyright infringement.
While laws could change, for now, creating a ring tone from a song for personal use
is no different in legal significance than quoting a sentence from a published source, and
is permissible under the "Fair Use Act."
How Long Does A Copyright Last?
What Do Copyright Laws Protect?
Why And When Should I Register A Copyright?
4. The Poor Man's Copyright
Some people still believe that simply mailing yourself a sealed envelop showing
proof that you created a work is sufficient to protect your rights to your own works. This
practice is often referred to as the “poor man’s copyright.” It is anything but reliable, and
may or may not offer evidence in a court or law should legal action result from your claim
to ownership.
The United States Postal Service (USPS) neither requires, nor checks, to see if an
envelope is sealed before it is mailed. Because envelopes can be tampered with and
documents can be exchanged, “self-sealed mailings” should not be relied on as solid
legal evidence of your copyrights to any form of expression.