Most instances don’t have a specific copyright in their ToS, which is basically how copyright is handled on corporate social media (Meta/X/Reddit owns license rights to whatever you post on their platform when you click “Agree”). I’ve noticed some people including Copyright notices in posts (mostly to prevent AI use). Is this necessary, or is the creator the automatic copyright owner? Does adding the copyright/license information do anything?
Please note if you have legal credentials in your reply. (I’m in the USA, but I’d be interested to hear about other jurisdictions if there are differences)
In the vast majority of countries, everything written down is automatically copyrighted by default and if you want to release it into the public domain or under a free license you have to make it explicit.
It’s not really fully determined whether you can actually release something to the public domain, since the “public domain” is not a legally sanctioned entity. It’s just the name we use for things that are uncopyrightable or otherwise not copyrighted (like certain government works, or works old enough that the copyrights have expired). The CC0 license from Creative Commons gets around this by waiving all copyrights instead.
This waiver nullifies and voids all copyright on a work. It also provides a fallback all-permissive license in case the waiver is deemed legally invalid. In the worst case that even the license is deemed invalid, the license contains a promise from the copyright holder not to exercise any copyrights he/she owns in the work.
- https://en.wikipedia.org/wiki/Wikipedia:Granting_work_into_the_public_domain
I’m writing this response mainly for the purpose of bringing it to the public domain. Feel free to screenshot, copy, and distribute however you see fit.
The creator is the automatic copyright owner, or in some cases their employer. Copyright is automatic through international treaties like the Berne convention. The Berne convention is from the 19th century and was created by the authoritarian european empires of the time. The US joined only in 1989. I think your question shows that the idea has not fully taken hold of the public consciousness. Automatic copyright is now the global norm. (I always wonder how much its better copyright laws helped the US copyright industry to become globally dominant.)
Very short and/or simple texts are not copyrighted. IE they are public domain.
Adding a license statement gives others the right to use these posts accordingly. It only serves to give away rights but is not necessary to retain them. The real tricky question is the status of the other posts. I’d guess most jurisdictions have something like the concept of an implied license. Given how fanatical some lemmy users are on intellectual property, not having it in writing is really asking for trouble, though.
What such a license means for AI training is hard to say at this point. The right-wing tradition of EU copyright law gives owners much power. They can use a machine-readable opt-out. Whether such a notice qualifies is questionable. However, there is no standard for such a machine-readable opt-out, so who knows?
US copyright has a more left-wing tradition and is constitutionally limited to certain purposes. It’s unlikely that such a notice has any effect.
IANAL. However I know a bit.
which is basically how copyright is handled on corporate social media (Meta/X/Reddit owns license rights to whatever you post on their platform when you click “Agree”).
Yes, this is how it works. You give them a license to your posts.
I’ve noticed some people including Copyright notices in posts (mostly to prevent AI use). Is this necessary, or is the creator the automatic copyright owner?
The creator automatically owns the copyright. People can put in license terms, but they’re effectively useless in this context. Let’s say OpenAI violates the copyright on your post (it’s still an open question whether or not training AI on copyrighted data constitutes copyright infringement, but we’ll assume it does). Your only recourse is to sue them if they do this. Because you never registered the copyright, you’re limited to recovering actual damages – if you do register the copyright you can get statutory damages, which are up to $150k per violation. So how much money did you lose on the ability to commercially exploit this post that OpenAI took away from you by copying your posts? Less than the cost to bring the suit, I’m sure.
So the TL;DR here is that the anti-AI licensing thing is only effective if you’re registering the copyright on your posts/comments. And even then, that’s only true if AI training is considered to be copyright infringement.
I don’t know.
But minimum royalty laws should exist.
