Online Copyright Law

Originally Published: January 2006

As the Internet grows larger by the minute, people have access to more and more information. You can now access libraries of information with the click of a button whereas in the past it took a trip to the local library and hours of perusing through volumes of texts. But as the Internet allows you to gather information in minutes, so does it allow you to copy photos, video, audio, text and other content just as easily. But just because it’s easy doesn’t mean it’s legal. In fact, copyright laws apply the same standards to the Internet and the World Wide Web as they do to offline original works. While I’m not a copyright attorney (and please check with one if you feel you may be in violation of a copyright), here are the general basic facts of online copyright law.

According to the Copyright Act of 1976, all original works are considered under copyright protection when they are put in tangible form (written, recorded, etc.). Protected works include literary, dramatic and musical works, pictorial, graphic and sculptural works, audio-visual works, sound recordings and architectural works. As of 1989, you don’t need to give notice of a copyright. Once a work is put in tangible form, copyright is implied even without notice. This means that although there may not be a copyright visible on a website, all the original content is still protected by copyright. This is always the case unless the owner of the copyright explicitly says that the work is in the public domain. If content is not indicated for the public domain, the person who holds the copyright holds exclusive rights to the content. The only limitation is the “fair use” portion of the Copyright Act.

Fair use allows a person to use a copyrighted work for criticism, comment, research and education only, but even then you can only use small portions of the work. Just as you used a quotation in a research paper in high school or college; you must give the author (regardless of what form the creative expression takes) credit for the work. If you are using the content to promote a website, a business, a cause or any sort of commerce, fair use definitely does not apply. For items published on the Web, the Copyright Act of 1976 applies. Individual Web pages, including text, graphics, visual images, music, video, news stories, electronic bulletin board messages, databases, CD-ROMs and even e-mail are copyrighted materials. If you decide to use content from a Web page or email, first you must follow the rules of fair use then you must credit the owner of the copyright. If the owner has published explicit guidelines regarding the use of his/her content, you should follow them. Even if you use content in fair use, whenever possible you should ask the owner of the copyright for permission to use the content. And, it’s always a good idea to keep a copy of your request for permission and the permission received. If you use the content for any sort of promotion, and especially if you stand to gain financially, you must get permission prior to using any content.
The following is a sample copyright statement that is fairly standard for a website:

You may browse this site for information. You acknowledge, however, that this site contains information, data, photographs, graphics and other materials that are protected by laws governing copyrights, trademarks, trade secrets, and other proprietary rights. Under no circumstances may you transfer (including, without limitation, by sale, loan, rent or lease), use, copy, reproduce, download, republish, upload, post, transmit, adapt, modify or distribute the site contents, in whole or in part, without the express prior written consent of ACME Company. The use of any of the site contents on any other website or networked computer environment is prohibited. This site is intended and directed only to residents of the United States and all advertising and claims in this site are valid only in the United States.

I recently discovered an interesting online tool to help fight against online content (text) infringement – www.copyscape.com. The Copyscape website will give you a listing of what sites have quoted your website, as well as those that have copied your content without permission. Once you visit Copyscape, all you have to do is input the website you want to search for and within seconds, you have a list of all the sites that are using your text. This is a quick and easy way to get a snapshot of who might be using your website content legally and illegally.

Online copyright law comes down to this: if you plan to use any content from the Web, including text, video, audio, photos, etc., you should assume it is copyrighted unless otherwise noted. When in doubt, ask permission prior to using the content even if you feel your use falls under the fair use guidelines. It is better to be safe than ending up in a courtroom. And yes, you can quote this article… as long as it is for educational purposes and credit is given of course.