A basic definition of copyright is the protection of original works from being replicated or distributed without an author's consent. In general, the person who creates a work is considered the author. However, in cases of "work made for hire," such as reporters who write for a newspaper, the authorship rights belong to the entity or organization that employed the creator. Typically, copyright covers expression, not facts or ideas.

Copyright laws exist to protect the rights of authors to control how their original works are copied, displayed, modified, and distributed. It applies to images, articles, and web designs seen online just as much as it applies to artwork, books, articles, and music available in stores. Just because the digital era has made copying online materials simple does not mean that doing so without permission is legal.

What Is Protected

Creative works are copyrighted the moment they are fixed in a tangible form — for example, on paper, on a recording, or electronically stored on a hard drive or CD. No copyright notice is necessary, although it can help in legal cases.

In the online world, works protected under copyright include:

• Articles
• Web designs
• Programming code
• Music
• Artwork or graphics
• Photographs

Assume a work is copyrighted unless explicitly stated otherwise.

What Is Not Protected

In general, copyright does not protect works that have not been fixed in a tangible form of expression. This might include improvisational speeches that have not been written or recorded. However, all works online (including e-mail messages) have been recorded in some way so as to be transmitted electronically. Therefore, assume all works available online are protected by copyright law unless explicitly stated otherwise.

Copyright law does not protect:

• Titles
• Names
• Slogans
• Ideas
• Methods
• Principles
• Common information such as standard calendars, height and weight charts, etc.
• Facts (however, a creative compilation of facts would be protected)

For most works, copyright lasts for the life of the author plus 70 years. The work then enters the public domain. Remember, materials not protected under copyright law may be protected under trademark or patent law.

Public Domain

Authors can place their works in the public domain by explicitly stating they have done so. Work in the public domain can be copied and distributed without prior consent from the author.

In general, federal documents and publications are not copyrighted, so they are in the public domain. However, there are exceptions. For example, private contractors hired by the government can create copyrighted materials.

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. Fair use is often misunderstood though. Making copies for noncommercial purposes does not automatically protect the user from copyright infringement.

Copying 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; however, 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; and effect on the market.

Other Types of Copyright Protections

Implied License: This refers to the ability of users to copy works as part of "normal" activity. For example, it is necessary to make a copy of a website from the host's server for it to appear on the user's screen. Also, the web browser may put a copy of the website in its cache.

Creative Commons Content: Creative Commons (CC) is a nonprofit organization, founded by Lawrence Lessig in 2001; it is devoted to expanding the range of creative works that are legally available for others to build upon and share. The organization has released several copyright licenses (known as “creative commons” licenses), which allow authors/artists to communicate which rights they are reserving and which rights they are waiving for the benefit of recipients or other content creators. With the proliferation of Internet content — particularly social media sites — Creative Commons is becoming an increasingly popular avenue for sharing information that is free from the limitations of traditional copyright laws.

Obeying Copyright Laws Online

Copyright law applies to any original work of authorship — even when viewed online —  including images, articles, page designs, and programming code. The law protects the right of the copyright owner (usually the author) to control how the work is copied, modified, distributed, displayed, and performed. Copyright protection applies whether or not a copyright notice is stated explicitly.

Copyright Debunked

Avoid common copyright misconceptions — remember:

• Copying even a small amount of a copyrighted work constitutes an infringement if what is copied represents a substantial portion of the work.
• Giving an author credit for the work does not protect you from copyright infringement if the work was copied without permission.
• Displaying copyrighted material on a website free of charge or using of the copyrighted material for non-commercial purposes both constitute 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 before it can be viewed. 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.
• Simply owning a book, picture, or music CD does not entitle you to copy text, images, or music and post online.
• Permission to copy material in a particular medium does not give you permission to use it in another form. 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 e-mail discussion lists (often referred to as “listservs”) or e-mail.
• Do not post a copyrighted work to an e-mail discussion list or other large audience. Instead, link to the work itself or quote a small amount of the text and include proper attribution.

Linking

Links that jump from one website to another are a natural and expected functionality of the web; however, it’s still important to consider copyright when creating links.

• Clearly inform users when they are leaving your website. For example, if linking to VolunteerMatch do not simply state "Click here for more volunteer opportunities." Instead,  be explicit about the link going to VolunteerMatch so that the user does not assume you are the author of the linked page.
• Do not use frames that might make users think 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 or logos from other websites as links on your own website without the creator's consent. If you do use an image link with permission, be sure to properly attribute the source of the image.
• Inform the other site’s webmaster of the page you intend to link to before adding the link to your website.

Getting Permission

Obtain permission by writing a letter or sending an e-mail to the copyright holder. You may want to call before submitting the request for permission to ensure you have the correct copyright holder and address. The creator may have sold, given away, or assigned copyright to another entity; and writers frequently transfer copyright privileges to their publishers.

Follow these guidelines for your permission request:

• Thoroughly describe the material to be used
• Explain exactly how it will be used
• Include a signature line where the recipient can indicate that permission is granted

No response from the copyright holder does not constitute permission. Additionally, be aware that some copyright holders may charge a fee for permission to use the material.

Another option is a collective licensing agency, such as the Copyright Clearance Center. Organizations like this one act as a licensing agent on behalf of numerous publishers to grant permissions. Most charge a fee for their services.

Disclaimer: The material provided in this article is for general informational and reference purposes only and is not meant to be a substitute for legal advice.

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