Copyright Laws: Internet Rules And Regulations Explained

Copyright laws apply to the internet in much the same way as they do to traditional media. Copyright is a form of legal protection for original works of authorship, including literary, dramatic, musical, artistic, architectural, and certain other intellectual works. This protection is available to both published and unpublished works. Once something tangible is produced, copyright protection is automatic, and the owner has exclusive rights to the work. This means that activities like uploading, mailing, distributing, and transmitting whole or partial copies of a copyrighted work over the internet may be a copyright infringement, with penalties as high as $150,000 per infringement.

Copyright laws apply to the internet

Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original work, fixed in a tangible medium, they automatically own the copyright to the work. Many types of works are eligible for copyright protection, including audiovisual works, sound recordings, written works, visual works, video games, and computer software.

The internet has been described as the largest threat to copyright since its inception, as it is awash with information, much of which has varying degrees of copyright protection. Copyrighted works on the internet include news stories, software, novels, screenplays, graphics, pictures, emails, and more.

In general, the same rules of copyright apply to downloading information from the internet and using computer software. It is illegal to copy any form of original work without the permission of the author, even if the work does not contain a copyright statement. However, there are some exceptions to this, such as those applying to private study or research. Domain names may also be protected under trademark law if they meet the requirements for trademarks.

It is important to note that simply because something is posted online, it does not mean that it can be used without permission. A work enters the public domain only when its copyright expires, which is typically 50 years after the death of the author, or even longer in some countries.

Copying online content without permission

Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original work, fixed in a tangible medium, they automatically own the copyright to the work. This includes online content such as website source code, which is considered "original content" in the same way that a draft of a manuscript is "original content."

It is important to note that website content does not need a copyright notice or symbol on the webpage to be copyrighted. The protection begins with the creation of the work, and any original work of authorship fixed in a tangible medium, including a computer file, is protected by federal copyright law upon creation.

If you wish to use someone else's online content, you should ask for their permission. If you are unsure about the ownership, you can request that the Copyright Office conduct a search of its records, or you can search yourself. In some cases, copyright holders make their works available for uncompensated reuse, with certain requirements, such as through Creative Commons licenses.

There are also circumstances where it is considered fair use to use limited portions of a copyrighted work without the author's permission, such as for commentary, criticism, news reporting, and scholarly reports. However, there are no legal rules permitting the use of a specific number of words or a certain percentage of a work. Whether a particular use qualifies as fair use depends on the specific circumstances.

If you believe that your copyright has been infringed, you can consult an attorney, and in cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation. Penalties for copyright infringement can be as high as $150,000 for each copyrighted work infringed.

Using computer software

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

Software copyright is the application of copyright law to machine-readable software. It is used by software developers and proprietary software companies to prevent the unauthorized copying of their software. Free and open-source licenses also rely on copyright law to enforce their terms. For example, copyleft licenses impose a duty on licensees to share their modifications to the work with the user or copy owner under certain circumstances.

In the US, software is considered a literary work and is automatically copyrighted. However, in order to prosecute anyone for copyright infringement, the copyright owner must first register the copyright. Copyright protection is formality-free in countries party to the Berne Convention for the Protection of Literary and Artistic Works, which means that protection does not depend on compliance with any formalities such as registration or deposit of copies.

In Canada, software is also protected as a literary work under the Copyright Act of Canada. Copyright is acquired automatically when an original work is generated, and the creator is not required to register or mark the work with the copyright symbol in order to be protected. The rights holder is granted the exclusive right of reproduction, the right to rent the software, the right to restrain others from renting the software, and the right to assign or license the copyright to others. Exceptions to these rights are set out by the terms of Fair Dealing, which exempts users from copyright liability covering usage and reproduction when performed for research, private study, education, parody, or satire.

In China, a creator or other Obligee enjoys exclusive rights to the software under related copyright law. It is a civil right and is owned without individual confirmation, usually referred to as the principle of "automatic protection". The owner enjoys the right of publication, authorship, consent to use, as well as the right of being paid.

In India, copyright in software, in the absence of any agreement to the contrary, vests in the author of the software, even for commissioned works. Copyright can be assigned or licensed through a written document, but under the Indian Copyright Act, if the period of assignment is not specified, the period is deemed to be five years from the date of assignment.

Website design and layout

Copyright protection is automatic and exists from the moment of creation, with no need for the author, artist, or developer to publish or register their work. However, registering a copyright for a website can be done through the U.S. Copyright Office's registration portal and provides additional benefits.

Copyright laws protect the "look and feel" of a website, including its colour scheme, layout, and navigation. The "look and feel" of a website may also be protected by trade dress, which prevents consumer confusion by protecting the "total image and overall appearance" of a product or business.

When it comes to website design, copyright laws allow inspiration and recreation of certain elements, as long as they are not exact copies and are created using original source code. It is important to note that using a website template will result in a site that resembles thousands of others, and there are no rights to the source code in such cases.

To summarise, when designing a website, it is essential to be mindful of copyright laws and ensure that all elements, including design, layout, and content, are either original or properly licensed for use. Recreating the "look and feel" of a website using custom code is generally permissible, but duplicating copyrighted elements, such as images, text, or source code, is illegal and can result in copyright infringement claims.

Online media and streaming

Copyright laws apply to the internet in the same way they do to traditional media. This means that unless the copyright owner has granted permission, or an exception or limitation in the copyright law applies, activities like uploading, mailing, distributing, and transmitting whole or partial copies of a copyrighted work over the internet may be an infringement.

In the context of online media and streaming, copyright laws apply to both the content providers and the consumers. Content providers, such as Netflix, Amazon, and Hulu, are responsible for obtaining media licenses and paying for them using membership fees. On the other hand, consumers need to be aware of the copyright implications of their actions, such as sharing passwords, downloading or uploading content, and using extended clips in their own videos.

Password Sharing

While it is unlikely that an individual will be sued for sharing their streaming service password with a few family members or friends, it is technically a violation of copyright law. A recent lawsuit brought the legality of password sharing into question, but the case pertained to a former employee using a colleague's password to access business data rather than streaming services.

Downloading and Uploading Content

Downloading and uploading copyrighted material without permission is generally illegal and can result in fines or even jail time for the most egregious offenders. However, the likelihood of being sued for simply viewing illegal content online is low, as it would be difficult for a copyright holder to obtain the necessary IP logs and identifying information.

Using Extended Clips in Videos

Using extended clips from copyrighted works in personal videos may result in a DMCA (Digital Millennium Copyright Act) takedown request from the copyright owner. The DMCA, enacted in 1998, amended US copyright law to address the relationship between copyright and the internet. It established protections for online service providers, encouraged copyright owners to provide greater access to their digital works, and made it unlawful to provide false copyright management information.

Frequently asked questions