While the Web appears to a vast library of FREE information – this
is not true. Almost EVERYTHING on the Web is protected by copyright
and work does not have to be registered or even contain a copyright
notice to be protected.
Material qualifies for copyright protection when it is put in
“tangible” form. That means as soon as a Web is saved to a computer or
disk – it is protected by copyright.
Copyrights
The term copyright means the right to copy. Copyrights protect how
ideas are presented, not the actual idea. Disney, for example, owns
copyrights on all Mickey Mouse cartoons and other uses. They do not
own rights on all talking, cute mice. Facts cannot be copyrighted, but
the way they are presented or explained can be.
By law, the owner of a copyright has 6 rights:
Reproduction. This refers to making copies. When a file
is downloaded from the Web, it is being copied. Printing also is a
form a copy.
Adaptation. Modifications, alterations, or use of
another’s ideas is also protected. Changing format, posting from a
book to a Web, and copying someone else’s HTML all fall under
adaptation.
Distribution. Owners of copyright control how their work
is distributed to the public. Electronic transmissions or simply
posting work on the Web is considered distribution.
Public Performance. The right to perform a work in public
is covered by copyrights. Digital broadcasts, other transmissions,
and live renditions are public performances.
Public Display. Owners of copyrights also control how
their work is shown to the public. Anything transmitted digitally is
considered a public display.
Digital Audio Transmissions of Sound Recordings.
Copyright owners have the right to control how their audio
recordings are distributed. Sending or downloading an audio file
over the Internet is a digital transmission.
By law, people need permission from the copyright holder to
reproduce, adapt, distribute, publicly perform, publicly display, or
digitally transmit audio sound recordings unless the intended use
falls under a special category called fair use.
Fair Use
By law, others are allowed some use of copyrighted material if they
can show that is not commercial, does not infringe on the main
copyrighted idea, and will not affect the potential market for the
original copyrighted work.
Be careful, in order to claim “fair use,” you have to admit that
you have infringed or used someone else’s copyrighted material. A
court will decide if the use is fair. If a copyright dispute ends up
in court, a judge will look at 4 factors to determine fair use.
Purpose or Character of Use. Is the work for commercial
or non-commercial use? Commercial use is not likely fair use.
Nature of Original Work. Facts cannot be copyrighted, only the way
that they are presented. Use of creative fiction is less likely to be
considered fair use.
Amount and Substantiality of Use. Are the main parts or substance
of the original use being used or is only a minor part of the work in
question being used?
Affect on Potential Market. Is there a likelihood of harm from the
intended use? Copyright owners do not have to prove actual damages,
only potential damages.
Copyrights cover the legal rights of people to control the use of
their creative ideas. In 1989, the US signed an international
copyright treaty called the Berne Convention. Nations that signed that
treaty have agreed to follow each other’s copyright laws.
Copyrights are important to Web designers because pages posted on
the Internet can be accessed all around the world. The potential for
copyright violations and infringements are huge.
Because the Internet represents new and emerging technologies, the
ways that copyright laws are applied is evolving. Try to avoid being
the subject of a test case.
While law does provide for “fair use” of copyrighted material,
posting other’s work on your web page is not likely to be considered
fair use. Unless a site has password protection, it is potentially
available to anyone in the world. This can significantly affect the
potential market for the original work regardless of how the use was
intended.
While it is unlikely that copyright violations will be prosecuted
criminally, they can and frequently are matters of civil litigation.
Legal problems are easier to avoid than to straighten out – when in
doubt, don’t use material that may create problems.
Written Permission
The best way to avoid problems with copyright owners is to obtain
written permission for your use. Copyright owners have the right to
charge you a fee for the use of their work. They also have the right
to restrict or place conditions on use.
Face-to-face meetings, e-mail, or snail-mail can be used to request
permission in writing. Be sure that your written permission requests
actual covers ALL circumstances of your use.
Licenses
Some potential Web materials come with permission statements or
licenses that specify how work can be used. Be sure to look for
licenses when you want to use software, graphics, video, or audio
files. If you choose to use this material, you have agreed to the
license and can be held legally responsible for violations.
BE CAREFUL WITH MATERIAL YOU FIND ON THE WEB. Many files are
pirated. Just because someone else has violated a copyright does not
give you the right to. A large percentage of music and motion media on
the Internet violate copyrights. Be sure you know who owns these
rights.
Protect Yourself
To avoid problems with copyrights, use original material on your
website. Copyrights do not cover ideas, concepts, methods, facts,
principles, or discoveries. The way these are explained, however, is
covered by copyrights.
When presenting facts and ideas, be sure to collect them from a
number of sources and list them. This will protect you from charges
that you have adapted or derived your work from one copyrighted
source.
Clip Art
Be sure to read restrictions of use and licenses from clip art
sites. Document your sources of clip art and the licenses,
restrictions, and guidelines that apply. When clip art is covered by a
license or guideline, clearly indicate this.
A good idea is to include a separate page labeled “image use” that
identifies all restrictions and licenses that apply.
Photographs
Photographers own the copyrights of their pictures. To avoid
problems, obtain permission of both the photographer and the subject(s)
before using pictures.
Copyright Links
Links are facts, just like a phone number, and are not covered by
copyrights. Lists of links, however, are subject to copyrights.
Remember, copyrights cover how ideas are presented, not the ideas
themselves.
Do not link to sites that violate copyright laws. You do not want to
get drawn into that dispute.
Do not use lists of links in their entirety. Always add some of
your own links. If you never use more than half the links from one
source and add more sources of your own, you are unlikely to be in
violation of copyright laws.
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