What are the laws around copyrighted material on the web?

Swipe a photo or some text, go to jail?

Before you copy an image or lift a bit of text from a web page to post on your blog or site, take heart: the source material is more likely than not copyrighted and in a worst-case-scenario, you could face fines of up to $1,000,000 and 10 years in prison.
Understanding copyrightAlthough you could face severe penalties for using someone else’s content without permission, the real point of copyright, is designed to let the people who create content, control the use if it.

Time energy and money goes into creating original, quality content, and it should not be simply stolen.

There are three types of copyright that do apply to online publsihers; Creative Commons, Fair Use and Public Domain.

Fair use

Fair use is basically your ability to use another’s creations without permission. There are lots of grey areas in fair use, but there are a few key rules of thumb. Abiding by them doesn’t guarantee you’re free from concern, but it does lessen your chances of being in flagrant violation.

• Copy only what is necessary to make your point (a quote or a paragraph, not much more than that) and always cite sources. These are rules all of us learn in school to avoid plagiarism, so they shouldn’t be hard to obey! Don’t worry, your citations don’t have to be as formal as they were in school. Just enough information to let readers know who the original author is.
• Guidelines of web etiquette suggest that you include a link to the source if you’re using material available on the Internet.

It’s worth noting that if you are creating a work that’s merely similar in nature to something that’s already out there—such as rewording other pieces in your own tone—you’re not technically infringing on copyright. But few readers will enjoy reading rehashed, old material, so always add some originality and thought. It’s one more way to avoid copyright infringement.

For copyrighted material, if your use can stop the original author from earning money—such as if you compete with the author in the same market and your use costs him/her customers or clients—it is not allowed. In general, using another’s work for commercial purposes is frowned upon. But there are many blurry lines for this in copyright law. Just be smart. If your work includes somebody else’s material, makes you money, and potentially costs the author, or if you have a gut feeling your commercial use is unfair, don’t do it. If possible you can contact an author for permission, which is the best way to ensure you’re not infringing or causing harm. Some consider this the fair and right thing to do regardless of circumstance—but that’s up to you.

Some other fair use considerations:

• If an author clearly expresses that all rights are reserved and no-one has permission to use his/her work, it’s not available for usage. Many authors who state this also say you can contact them for permission.
• If you use another’s work in a way that twists the original meaning or purpose/intent of the material, you are in the wrong.

To recap, your best bets are to: Credit, credit, and credit again. If you want to be safe, ask the author. Use only what you need. Don’t misuse the material. If you infringe, there is a high likelihood you can be caught, especially if the author is vigilant about using search engines or online plagiarism tools to check.

Creative Commons

Because copyright law is not entirely clear or effective in the digital age, a new form of rights and license management called “Creative Commons” has arisen. You may see Creative Commons notices or “some rights reserved” and “no rights reserved” logos on sites that are governed by Creative Commons licenses. Essentially, Creative Commons provides a number of straightforward licenses authors may grant to express how their content can be used. The licenses include:

• “No rights reserved”, which means a work is “public domain”. Public domain boils down to the absence of copyright restrictions.
• “Some rights reserved”, which means the author denies some types of usage. Specific Creative Commons licenses can be found here. If in doubt about material with a “some rights reserved” license, contact the author for clarification.

You can find more information about Creative Commons—including a useful FAQ—at www.CreativeCommons.org

Never forget: Check copyright or Creative Commons notice on sites. Obey them. Ask questions if they are unclear. If there is no copyright or Creative Commons notice, the work may still be subject to copyright.

Public domain

Publich domain works are usually clearly marked as such—or are so old their copyright has expired (always double check anyway; even works that are many decades or centuries old can be owned by estates or others who hold the rights). When there is no explicit notice and no notice of public domain, still treat the work as if covered by fair use. That way, you’re at less risk and the author is treated fairly.

Sources:
Creative Commons
Wikipedia: Creative Commons
Pierce Law: Copyright on the Internet

Note: This article may be distributed, provided a link to it’s origin is provided.

This copyright research has been partially funded by Mochila a free marketplace of freevrights managed article, photos and video.