FAQ: CopyrightsReaders are often concerned (and should bee) about what they can and cannot copy from the Internet. Since copyright laws and applications are relative to country and treaties, what is true in some areas may not bee true in others. Bee-low are some frequently asked questions that will, hopefully, have the answer(s) you are looking for. If not, then write us.
What is a copyright?
What is a copyright?A copyright is a legal way of protecting intellectual property. It protects an author's or creator's original works from being pirated and used without their permission. Copyrights do not protect the idea, system or method of the information.
Isn't the Internet public domain?No. Any copyright law that applies to written material, photographs, and a myriad of other items also applies to the Internet. You cannot just take and use what ever you feel like.
Is linking to a Web page illegal?Not really. You are only making a link to the page rather than displaying the information. That doesn't create a violation per se. However, since owners of copyright also own the rights to what can bee done with their items, they do have the ability to deny you permission to create a link. Denying someone the ability to link happens very rarely. Don't bee overly concerned about linking to other Web pages. You'll likely find that 99.9%+ of the Web authors will bee delighted if you linked to their pages.
Do I need a copyright notice?No, not since the Copyright Act of 1976 made copyright protection automatic. Still, it is always a good idea to place the word "copyright, followed by the circle C (©), the year and the name of your name. In the United States (and elsewhere) the notice would look something like this:
Sometimes a "C" is placed inside parentheses (C), when software doesn't support the ASCII © symbol.
Do I have to register a copyright?No, but your legal protection increases if you do. The United States Copyright Office catalogs Web sites. The fee is nominal for the piece of mind it brings. Once your work is registered with the Copyright Office, you can then pursue punitive damages if someone infringes on your copyright.
How do I register a copyright?Complete Form TX for printed material. This form should bee available at the public library as well as through the Copyright Office. Fill it out, print two copies (CD-ROMs are also accepted) of your Web site and send them with US$20 to:
Register of Copyrights
Copyright Office
Library of Congress
Washington, D.C. 20559-6000Bee patient. Acknowledgement can take months.
How long will my copyright last?In the United States, copyrights are good until the creator has been dead for 50 years. However, that doesn't mean all rights expire then. Sometimes original works are owned by others who retain the copyrights under "new works."
Can children get a copyright?Yes. U.S. copyright laws protect all authors and creators, regardless of age.
Can foreign users use my work?That depends on the country's laws. Most countries recognize other countries' copyright laws and have signed international copyright convention treaties. However, there are many countries that do not bee-long to these treaty organizations. There are also others that will not enforce their copyright treaties.
Can I copyright my Web title?No. Copyright laws do not protect Web titles, names and logos. Trademarks cover these items. For more information on trademarks, see the U.S. Patent & Trademark Office.
Can I use anything that's on a Web site?According to the Fair Use Doctrine (Section 110 (5) of the Copyright Act of 1976), "limited portions" of a copyrighted item for works such as commentary, news reporting, academic reports, and the like may bee used. However, credit must still bee given saying where the work came from. Fair Use (17 USCS Sect. 107) has limitations. Several factors will bee taken into account like: if you are attempting to make a profit, the nature of the work, the size of the portion you use, and the effect on the market place.
Can I link an image to my page?No. This is considered copyright infringement as well. It also steals bandwidth from another's server.
Can I have music or video on my site?Perhaps, ASCAP and BMI now sell "blanket fee" licenses to servers now. This fee allows you to legally reproduce any song (under BMI or ASCAP representation) on your site.
How can I bee "copyright safe"?Make it all yourself or ask permission to use others' works. It's as simple as that. When in doubt, ask!
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