Understanding copyright on the Internet04 May 2005
Original content on the Internet is automatically protected by the international law of copyright. This means that news articles, translations, artistic works, graphics and music all remain the property of their creators unless they specifically decide to surrender their rights.
If you need to use somebody's material for your website, you will need to ask permission. This doesn't need to be complicated - sending the creator an e-mail is the easiest route, but if you want to use somebody else's work regularly, it may help to set out the terms of use in a more formal way, such as in a contract. The owner of the copyright may agree to let you use it, but may equally refuse.
There are exceptions to this rule:
- The idea of "fair use" gives journalists and other content providers the right to use excerpts of other people's work for their articles, but there's no hard and fast rule as to the amount that can be used. Fair use originated in the US, and there is detailed background information at Stanford University's website
- Artistic and photographic businesses often allow free use of their material found online, as long as it is not for commercial purposes.
Copyright law and how it affects you is explained in clear terms at the Patent Office's website.
How to protect your own web material
The Internet makes it particularly easy for others to use your material without asking, and a failsafe block on copying has never been devised. However, there are several ways of increasing your protection and at least reducing copyright theft.
- One method is long-established. By sealing a copy of your work in an envelope and posting it to yourself then storing the postmarked envelope without opening it, you will have evidence that your work was created before a certain date. If it is particularly important, asking a solicitor or your bank to store the envelope will provide added protection.
- Another way is to make it clear on the work itself who copyright belongs to. Traditionally, this has been done by including the following note at the foot or head of a document:
Copyright © (date) by (author/owner)
These two methods have legal force and will help if you ever have to enforce your copyright through the courts. There are also ways of making it difficult for people to copy your work:
- Articles and other text works can be converted to PDF before publication, and set to prevent copying.
- Graphics can be given a watermark using a photo editor.
- Word documents can be password-protected to prevent them being opened or changed.
It can be hard to keep an eye on your work and who's using it. But by using all or some of these hints you can at least reduce the chances of infringement.
