Copyright Law: Internet Content And Legal Protection

Copyright law applies to works on the internet just as it does to more traditional media. When a person creates an original work and fixes it in a tangible medium, they automatically own the copyright to it. This includes works posted online, such as writings, artwork, photographs, and other forms of authorship protected by copyright. Authors retain copyright over their works, even when they are posted online. However, by posting their work online, authors imply a limited license for others to use their work to some degree, such as by downloading, printing, or forwarding it. While copyright law applies to works on the internet, there are exceptions, such as fair use, which allows limited use of copyrighted material without the need for permission from the copyright holder.

What constitutes copyright infringement?

Copyright law applies to the internet just as it does to traditional media. Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. This includes all manners of distribution (selling, broadcasting, performing, etc.), adaptation, or other copying of the work.

Copyright infringement can take various forms. For example, issuing copies of the work to the public, renting or lending the work to the public, performing the work in public, communicating the work to the public, and making an adaptation of the work. Infringement can occur whether or not the violating party seeks monetary gain through the use of the material in question, though any argument against copyright infringement is usually considered stronger without a profit motive.

It's important to note that copyright infringement can still occur even if the infringing work is not identical to the copyrighted work. Copyright infringement can occur when a substantial part of the copyrighted work is copied. Additionally, a person can be liable for copyright infringement if they authorize another person to infringe on the copyright.

To avoid copyright infringement, the best approach is to not copy another person's work. If you are keen on using someone else's work, it is recommended to get the copyright owner's permission, known as a copyright license, or ensure that your work does not resemble the copyrighted work.

What is fair use?

Copyright laws apply to the internet just as they do to traditional media. Unless the copyright owner has granted permission, or an exception or limitation applies, activities like uploading, mailing, distributing, and transmitting whole or partial copies of a copyrighted work over the internet may be an infringement.

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. It is a defence against a claim of copyright infringement. If your use qualifies as a fair use, it would not be considered an infringement. Fair use is determined on a case-by-case basis, and there are four factors that must be considered when deciding whether a use constitutes fair use:

• The purpose and character of the use: This factor focuses on whether the use is commercial or non-commercial and whether it is transformative. Non-commercial, transformative uses are more likely to be considered fair use.
• The nature of the copyrighted work: This factor considers the degree to which the copyrighted work is creative or factual. Using a creative or imaginative work, such as a novel, movie, or song, is less likely to support a claim of fair use than using a factual work, such as a technical article or news item.
• The amount and substantiality of the portion used: This factor looks at the quantity and quality of the copyrighted material that was used. If only a small amount of copyrighted material is used, fair use is more likely to be found. However, using even a small amount of a copyrighted work may not be considered fair use if it is an important part, or the "heart", of the work.
• The effect of the use on the market: This factor considers whether the unlicensed use harms the existing or future market for the copyright owner's original work. If the use is likely to cause substantial harm to the current or potential market for the original work, it will weigh against fair use.

These four factors are not the only ones that may be considered in a fair use analysis, and there is no formula to ensure that a predetermined amount of a work may be used without permission. However, they provide a framework for evaluating whether a particular use is likely to be considered fair.

How do I get permission to reproduce or disseminate copyrighted work?

Copyright laws apply to the internet just as they do to traditional media. Unless the copyright owner has granted permission, reproducing or disseminating their work online without consent may be considered copyright infringement.

To get permission to reproduce or disseminate someone else's copyrighted work, follow these steps:

• Determine if permission is needed: Use of materials in the public domain does not require permission. However, if the work is copyrighted, permission is almost always needed unless the use is considered fair.
• Identify the copyright holder: Before the 1980s, authors usually held the rights, but since then, publishers have increasingly retained these rights. For print publications, start by contacting the publisher. If they don't own the rights, they may refer you to the author or multiple creators associated with the work.
• Request permission in writing: Permission can take the form of a license (granting the right to use the work) or a release (granting the right to use the work with a promise from the author not to sue). The Association of American Publishers recommends including the following information in your request:
• Author's, editor's, translator's full name(s)
• Title, edition, and volume number of the book or journal
• ISBN for books, ISSN for magazines and journals
• Numbers of the exact pages, figures, and illustrations
• If requesting a chapter or more, specify both the exact chapter(s) and page numbers
• Whether the material will be used alone or combined with other photocopied material
• The number of copies to be produced
• Name of the college or university
• Course name and number
• Semester and year in which the material will be used
• Instructor's full name
• Method of reproduction (photocopying, scanning, etc.)
• Acknowledge permission granted: If permission is granted, acknowledge it appropriately, such as through a footnote in the text, a source note to a table, or a credit line under an illustration.
• Be prepared to modify your plans if permission cannot be obtained: You may need to use less of the material or not use it at all.

It's important to note that receiving permission may require payment of fees, and it's good practice to obtain permission in writing. While not always necessary, written permission ensures clear communication and can help prevent any potential legal issues.

How does copyright apply to online materials?

Copyright laws apply to online materials in the same way they do to traditional media. When a person creates an original work and fixes it in a tangible medium, they automatically own the copyright to the work. This includes online videos, sound recordings, written works, visual works, and more.

Copyright holders have the exclusive right to reproduce, distribute, and publicly perform or display their work. They can also prepare derivative works based on the original. Unless the copyright owner has granted permission or an exception applies, activities like uploading, mailing, distributing, and transmitting copies of a copyrighted work over the internet may be infringement.

It's important to note that simply downloading a copyrighted work does not grant permission to disseminate it to others. When accessing online material, it's essential to look for a copyright notice and abide by any license terms. Even materials offered for free may have specific requirements, such as attribution.

While fair use allows limited use of copyrighted material for purposes like criticism, comment, news reporting, and teaching, it's important to understand its limitations. To determine fair use, consider factors such as the purpose and character of the use, the nature of the copyrighted work, the portion used, and the effect on the potential market for the original work.

To avoid infringement, it's always best to seek permission from the copyright holder or rely on works with Creative Commons licenses, which spell out the rights granted to users.

What should I be aware of when creating a website?

When creating a website, it is important to be aware that copyright laws apply to the internet just as they do to traditional media. This means that you must obtain permission from the copyright holder if you wish to post copyrighted material on your website, unless fair use or another exemption applies.

Copyright protection is automatic and begins as soon as a work is fixed in a tangible medium of expression, such as by being written on paper or recorded on film. This includes original authorship appearing on a website, such as writings, artwork, photographs, and other forms of copyright-protected content.

It is important to note that simply because content can be easily copied from the internet, it does not mean that doing so is permitted. Authors retain copyright protection even if they post their works online. Therefore, if you wish to use someone else's copyrighted material on your website, you must first obtain their permission, unless your use falls under fair use or another exemption applies.

Fair use allows limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. To determine whether your use qualifies as fair use, you must consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work.

Additionally, remember that the site owner may not always be the copyright holder of the content on their website. Requests for permission should be directed to the copyright holder, who may grant permission in the form of a license agreement. It is also important to abide by any license terms associated with materials made available for free online, as they may have specific requirements such as attribution.

Finally, be aware that there are detection tools available to copyright holders that can identify unauthorized uses of their materials online. As such, it is important to respect the copyright of others and obtain permission when necessary to avoid potential legal consequences.

Frequently asked questions