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Copyright Laws:What is the de Minimis Principle and Does it Apply to Copyrights?

By , About.com Guide

Question: Copyright Laws:What is the de Minimis Principle and Does it Apply to Copyrights?
Answer: The de minimis principle is a fancy legal way to say “some things are just too small to be bothered with.” This principal applies to many areas of law, including copyrights. Whether or not something is specifically subject to de minimis interpretation, is entirely up to a court of law.

It is always better to simply give credit to an author any time you use someone else’s work. This may not only help protect you legally from being sued for copyright infringement, but it shows that you are a professional that practices good business ethics.

Copyrights May Not Protect “Little” Things

While it can be said, “the little things in life matter,” this not always true when it comes to copyright laws. Examples of things that may be too small to warrant copyright protections include:

  • Newspaper or magazine headlines;

  • The title of a book, poem, or song;

  • Using small quotes from material that has a copyright (but you still have to give credit to the author; and

  • Minor changes to quoted material, such as correcting a typographical error, would not be a considered a significant copyright infringement.

Are Ringtones Created from CDs a Copyright Infringement?

Ringtones created from CDs are not necessarily a 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.

While laws could change, for now, creating a ring tone from a song is no different in legal significance than quoting a sentence from a published source, and is permissible under the "Fair Use Act."

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