This document will introduce you to the basics of obeying copyright
law when working with materials from the Internet. For more information
on copyright law, see the article "What Is Copyright?"
Basics of Copyright Law
Copyright law applies to original works of authorship, including
images, articles, page designs and programming code viewed online.
Copyright protection applies whether or not a copyright notice is
explicitly stated.
Copyright law protects the right of the copyright owner, usually the
author, to control how the work is copied, modified, distributed,
displayed and performed.
Fair Use
The fair-use limitation in copyright law is intended to allow
limited copying without permission from the author for socially
important endeavors such as criticism, news reporting, teaching, and
research.
Copying of materials protected by fair use nearly always means using
a short excerpt attributed to the source. For example, a book critic
might include an excerpt from the book in her review. But, including
the text of an entire newspaper article on a website or in an e-mail
message without permission is not justified under the fair-use
limitation.
Four factors are taken into account when determining fair use:
- Purpose of the use
- Nature of the work
- Amount or substantiality of the use
- Effect on the market
Copyright Debunked
Don't be fooled by common copyright misconceptions. Remember these guidelines:
- Copying even a small amount of a copyrighted
work is infringement if what is copied is a substantial portion of the
copied work.
- Giving an author credit for the work does not protect you
from copyright infringement if the work was copied without permission.
- Not charging people to view a website with copyrighted
material, or using copyrighted material for non-commercial use, is
still copyright infringement.
General Guidelines
Authors can expect a certain amount of copying to occur when
materials are made available online. For example, to be viewed, an
image on a website has to be copied from the server where it is stored
to a user's computer screen. A limited amount of printing or storing
for personal use also can be expected.
However, remember that materials available online are protected by
copyright law. As you surf the Internet and create your own web pages,
keep these guidelines in mind to steer clear of copyright infringement:
- Materials available online are not available to
be copied or used without prior consent from the author, unless
explicitly stated otherwise.
- Owning a book, picture or compact disc does not entitle
you to copy text, images, or music from the object and post them
online.
- Permission to copy material in a particular medium does
not give you permission to use it in another. For example, permission
to use an article in a book does not grant you permission to make the
article available online.
- Copyright law protects works distributed through listservs or e-mail.
- Do
not post a copyrighted work to a listserv, since it will be sent to a
large audience. Instead, include a link to the work or quote a sparse
amount of the text with an attribution.
Linking
Providing links from one website to another is a natural and
expected extension of the web. However, copyright still needs to be
taken into consideration when linking.
- Be sure it is clear the user is leaving your website. For
example, if you want to include a link to Volunteer Match, do not
simply state "Click here for more volunteer opportunities." Clearly
state the link is to Volunteer Match so the user does not assume you
are the author of the linked page.
- Do not use frames that make it appear as though your
website is the source of the linked material. For example, do not frame
the website with your own ads or logo.
- Do not use images (such as logos) from other websites as
links on your website without the creator's permission. If you do use
an image link with permission, be sure to attribute the source of the
image.
- Inform the webmaster of the page you intend to link to before you add their link to your website
Getting Permission
To obtain permission, write a letter to the copyright holder. Call
before you send the letter to make sure you have the correct copyright
holder and address. The creator may have sold, given away or assigned
copyright to another entity. Writers frequently transfer copyright
privileges to their publishers.
include a thorough description of the material to be used and an
explanation of how it will be used. Include a place for the recipient
to sign indicating that permission is granted. No response does not
constitute permission. Some copyright holders may charge a fee for the
permission.
You can also try a collective licensing agency. These organizations
act as a licensing agent on behalf of numerous publishers to grant
permissions. Most charge a fee for their services. The following is an
example of a licensing agency: Copyright Clearance Center.
Disclaimer
We are not lawyers. The information presented in this document is
intended only as a guide and is not meant as legal advice. Consult a
lawyer if you have specific legal questions. |
