Copyright Law: Public Internet Sources And Legal Boundaries

Copyright law applies to public internet sources in the same way it applies to more traditional media. Copyright is the right of an author, artist, composer, or other creator to control how others use their original work. According to copyright law, any original content you create and record in a lasting form is your own intellectual property. This means that others cannot legally copy your work and claim it as their own, nor can they profit from it without your permission.

Copyright protection begins automatically when a work is fixed in a tangible medium of expression, such as by being written on paper or recorded on film. This means that posting content online is enough to trigger copyright protection, and no additional registration or notice is required. However, it is a good idea to include a copyright notice to deter infringement and make it clear to others that the work is copyrighted.

While copyright law applies to public internet sources, there are some important nuances to consider. Firstly, it is important to distinguish between copyright infringement and plagiarism. Plagiarism involves misappropriating another's work and passing it off as your own without proper attribution, while copyright infringement involves using or copying the actual expression of ideas without permission.

Additionally, the concept of fair use allows for limited use of copyrighted materials for certain purposes, such as criticism, comment, news reporting, teaching, scholarship, or research. Fair use balances the rights of authors to reasonable compensation with the public's right to access and use copyrighted works.

It is also worth noting that implied and express licenses come into play when content is posted online. By posting content online, authors imply a limited license for others to use their work to some degree, such as by reading, downloading, or printing it. However, explicit licenses, such as Creative Commons licenses, provide clearer boundaries and permissions for how others can use the copyrighted material.

In conclusion, copyright law does apply to public internet sources, and it is important for users to understand their rights and responsibilities when creating or using content online.

Copyright law and the public domain

Copyright law applies to all creative works, including those published on the internet. Once an idea or piece of information is expressed and fixed in a tangible form, such as on paper or digitally, it is automatically protected by copyright law and cannot be used without the creator's permission. This means that contrary to popular belief, everything on the internet is not in the public domain.

Copyright law gives creators control over their work and allows them to make money from it. It is a form of intellectual property that grants creators exclusive rights to reproduce, prepare derivative works, distribute copies to the public, display, and perform their work publicly. These rights are not indefinite, however, as copyrights expire after a certain period, and works then enter the public domain.

The public domain consists of works that are no longer protected by copyright law, as well as material that was never protected in the first place, such as ideas, facts, titles, discoveries, procedures, and works created by the US federal government. When a work enters the public domain, anyone can use it without seeking permission from the author. Works in the public domain often inspire new creations, adaptations, and derivative works, enriching the cultural landscape.

Determining whether a work is protected by copyright or in the public domain can be complex. In general, for works created after 1978, the copyright protection lasts for the life of the author plus 70 years. For anonymous, pseudonymous, or hired works, the term is 95 years from the first publication or 120 years from creation, whichever comes first. For older works, the rules are more intricate and depend on factors such as publication status, proper copyright notice, and the year of creation.

While copyright law applies to internet sources, there are exceptions and nuances to consider. When an author posts content online, they implicitly grant a limited license for others to use it to some extent. This implied license typically covers activities such as reading, downloading, printing, and forwarding the content, as well as using it as a basis for other works. However, commercial use is usually not considered part of this implied license. To clarify the permitted uses of their work, authors can attach an express license, such as a Creative Commons license, which outlines the specific rights granted to others.

Additionally, the concept of fair use allows limited use of copyrighted material without requiring permission from the creator. Fair use balances the rights of authors to reasonable compensation with the public's right to access and use ideas contained in copyrighted works. It typically applies to educational, research, and scholarly purposes, but its applicability has become less clear in the digital world due to the ease of obtaining rights through collective licensing. To avoid infringement, it is essential to understand the boundaries of fair use and respect the rights of copyright holders.

Copyright law and implied licenses

Copyright law gives creators control over their original work, including the right to reproduce and make copies of it, prepare derivative works, distribute copies to the public, and publicly perform or display the work.

An implied license is an unwritten license that permits a third party to use a copyrighted work without the express permission of the copyright owner. Implied licenses are created by law in the absence of an actual agreement between the parties. They arise when the conduct of the parties indicates that some license is intended, or when the copyrighted work was created by one party at the request of another. For example, when an author posts content online, they imply a limited license for users to read, download, print, and forward the content, and even use it as the basis for other works.

Implied licenses are vital to the operation of the internet, but they are not as good as express licenses, which spell out in detail what rights the author wants readers, viewers, or listeners to have. The boundaries of implied licenses are vague, and it may be difficult to determine whether a license is implied or inferred from the factual circumstances.

In the United States, there are two types of implied licenses: those that reflect the intention of the parties, inferred from the surrounding circumstances, and constructive agreements, where the intention of the parties is likely to be immaterial.

A transfer of copyright rights can be an assignment or a license. An assignment is like the sale of personal property, where the original owner sells their rights to a third party and no longer exercises control over how those rights are used. A license, on the other hand, is an agreement where the copyright owner maintains ownership of the rights but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred when the copyright holder wishes to maintain ownership and exercise control over how the third party uses their rights.

The custom and practice of the community are usually used to determine the scope of an implied license. In the context of the World Wide Web, it has been argued that viewing a web page in a web browser implies an implied license from the author to download and view the page. However, the extent of this implied license is unclear and may be defined by courts in the future.

Copyright law and express licenses

Copyright law gives creators control over their original work, including the right to reproduce and make copies, prepare derivative works, distribute copies to the public, display the work, and perform the work publicly.

Copyright owners can transfer some or all of these rights to third parties. A transfer of all rights is generally referred to as an outright assignment, while a transfer of a limited portion of the rights is usually in the form of a copyright license.

A copyright license is an agreement where the copyright owner maintains ownership of the rights but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. This is in contrast to an assignment, where the owner sells the rights to a third party and no longer has control over how those rights are used.

There are two types of licenses: implied licenses and express licenses. An implied license is a license created by law in the absence of an actual agreement between the parties. It arises when the conduct of the parties indicates that some license is intended, but no formal license has been created. The purpose of an implied license is to allow the licensee some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had an agreement been negotiated.

An express license, on the other hand, is an agreement where the terms of the license are explicitly spelled out. This can be done by attaching a Creative Commons license to the materials posted online. Creative Commons licenses give creators a standardized way to grant the public permission to use their creative work under copyright law. There are six different types of Creative Commons licenses, ranging from the most permissive to the least permissive, each with different requirements regarding attribution, commercial use, derivatives, and sharing.

While implied licenses are vital to the operation of the internet, express licenses are preferable as they provide clear and reassuring boundaries for both the copyright owner and the licensee.

Copyright law and fair use

Copyright law applies to all original content that is recorded in a lasting form, including online materials. This means that any content posted on the internet is protected by copyright law.

However, the concept of fair use allows limited portions of copyrighted work to be used without the owner's permission for purposes such as commentary, criticism, news reporting, and scholarly reports. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

There are four factors that must be considered to determine whether the use of copyrighted material falls under fair use:

• The purpose and character of the use, including whether it is commercial or for nonprofit educational purposes. Nonprofit educational and noncommercial uses are more likely to be considered fair, but this does not mean that all such uses will be deemed fair.
• The nature of the copyrighted work. This factor analyzes whether the work is more creative or imaginative, or more factual. Using a factual work is more likely to be considered fair use than using a creative work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole. If only a small amount of copyrighted material is used, fair use is more likely to be found. However, if the portion used is considered the "`heart' of the work, even a small amount may not be considered fair use.
• The effect of the use on the potential market for or value of the copyrighted work. This factor considers whether the unlicensed use harms the existing or future market for the copyright owner's original work. If the use could cause substantial harm to the current or potential market, it is less likely to be considered fair use.

It is important to note that there are no bright-line rules for determining fair use, and each case must be evaluated individually. The weight of each factor may vary depending on the specific circumstances.

Copyright law and obtaining permission

Copyright law applies to all original work, including online materials. Therefore, if you want to use someone else's work, you must first obtain their permission. This is known as licensing.

Determining Whether Permission is Needed

The first step in the permissions process is to determine whether you need to ask for permission. This depends on two questions:

• Is the material protected under the law?
• Would your use of the material violate the law?

Identifying the Rights Needed

The next step is to identify the rights you need. Each copyright owner controls a bundle of rights related to the work, including the right to reproduce, distribute, and modify the work. You must specify the rights you need, which can be as simple as stating your intended use.

Contacting the Owner and Negotiating Payment

Once you have identified the rights you need, you should contact the owner and negotiate whether payment is required. There are no special forms for this, and permission can be oral or written, though it is good practice to obtain permission in writing. The copyright owner is free to charge whatever fee they wish, and you are free to try to negotiate a lower fee.

Getting Your Permission Agreement in Writing

Finally, get your permission agreement in writing. Relying on an oral agreement or understanding can lead to disputes, as you and the rights owner may have misunderstood each other or remembered the terms differently.

Frequently asked questions