“It’s on the internet, so it’s free.” “No © symbol means no copyright.” “I mailed myself a copy, so I’m protected.” Copyright is riddled with myths. Here are five of the most common — and the facts.
Myth 1: “Available to the public” = public domain
Fact: The public domain refers to works whose copyright has expired — not simply works that happen to be available to everyone. A song freely accessible online isn’t in the public domain just because you can hear it; it may still be firmly under copyright.
Myth 2: You must register to have copyright
Fact: Copyright arises automatically on creation and expression — no registration required. That said, registering with the Copyright Office provides valuable evidence of ownership in a dispute, so it’s well worth doing.
Myth 3: No © notice means no protection
Fact: Protection exists regardless of any notice. The proper format is © [year] [author], and the year needs updating only when the work is modified. The Berne Convention protects works across its many member countries without requiring a notice.
Myth 4: Infringement is “just” a civil matter, easily undone
Fact: Copyright infringement isn’t merely civil — it carries criminal penalties under Sections 63–70 of the Copyright Act, potentially imprisonment up to three years and fines. It’s not something an infringer can simply shrug off.
Myth 5: The “poor man’s copyright” works
Fact: Mailing yourself a sealed copy of your work is unreliable evidence — courts know envelopes can be tampered with (opened and resealed, postmarks aside). Official registration is far preferable as proof of ownership and date.
The takeaways
- Public domain means expired copyright — not just “publicly available.”
- Copyright is automatic — but registration gives you the evidence that wins disputes.
- No © notice is needed — protection exists regardless (Berne Convention).
- Infringement can be criminal — up to three years’ imprisonment under Sections 63–70.
- Skip the “poor man’s copyright” — register instead for reliable proof.
Frequently asked questions
Is anything on the internet in the public domain? No — public domain means copyright has expired; freely available online content can still be fully protected by copyright.
Do I need to register to have copyright in India? No — copyright arises automatically on creation, though registration provides valuable evidence of ownership in a dispute.
Do I need a © notice for protection? No — protection exists regardless of any notice, and the Berne Convention protects works across member countries without one.
Does mailing myself a copy protect my work? Not reliably — the “poor man’s copyright” is weak evidence since envelopes can be tampered with; official registration is far better.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India