Know the Copyright Laws

You’ve finally got your company’s Web site up and running. But you’re having trouble tackling that day-to-day need for content.

There’s not a lot of writing talent or interest at the company, but over on another Web site, you read a terrific article on how small businesses in your industry will look in the year 2010. Can you use it to help with your constant need for fresh material? What about images you find on the Internet? Can you copy and paste them into your site?

Probably not. It’s best to assume all content on other sites is protected by the U.S. Copyright Act - even if there is no © symbol on it. That means if you copy or “borrow” it, you’re likely to be violating the law.

What is needed for copyright protection to kick in?
The work must be original, although it doesn’t have to be the only one of its kind. For example, there are probably several articles speculating on the future of your industry.

The work must be in tangible form, not just an idea. Some examples are articles, essays, instructional material, directories, charts, photos, cartoons and drawings.

The work must be in a protected “category”, which runs the gamut from literary works to motion pictures.

Assuming the work falls into a protected category, what aspects are protected? The right to reproduce (copy, transcribe or imitate the work); the right to distribute the material publicly by selling, renting, leasing or lending it; the right to modify the work, and the right to display the work to the public.

If you’re caught infringing, it can be costly. Several remedies are available to the accuser. You can be ordered to stop using the material, to destroy infringing copies, and to pay damages ranging from $750 to $30,000 set out in the Copyright Act.

Keep in Mind:
Not all copying of protected material is an infringement. The “fair use” exception allows you to use a limited portion of a work without seeking the creator’s permission. But two elements are crucial: How much of the work is quoted or credited, and whether or not the use harms the commercial value.

One example of fair use is a book review in a magazine that quotes short passages of a best seller. While there’s no “word limit” on fair use, you can generally only copy a small portion of the work.

What Are Your Intentions?

So let’s say you don’t want to violate the copyright laws and want to get permission before using a piece. How do you go about it?

First, consider how you’re going to use the material. Frequently, limited permission is given right at the Web site (or, in the case of written material, at the end of the article and at the beginning of books). Here’s a typical example:

“The contents, graphics, design and other matters related to this site are protected under applicable copyrights, trademarks and other proprietary rights. You have a limited license to use the site solely for internal, personal or non-commercial purposes and to print out information from the site solely for internal, personal or non-commercial purposes provided you maintain all copyright and other policies contained therein.”

As you can see, borrowing content for commercial purposes is usually forbidden. And it would be hard to argue that a Web site set up to sell products or services isn’t commercial.

Getting Permission

Keep in mind that only the copyright owner can grant permission to use his or her work. While it’s sometimes obvious who the owner is, other times you have to do a little detective work. In general, the creator of a work owns the copyright.

To find out if a work is registered, you can check the Copyright Office’s online database by clicking here or order a registration search from the Office’s Reference and Bibliography Section at (202) 707-3000.

Don’t use any material from another site or author without understanding the copyright implications. Consult with your attorney for more information.