Internet and Copyright Law

I used to intervene and try to settle such arguments; then, I realized my sons were as big as me, plus they were younger, stronger, and much quicker. I needed a new plan. So now, while they're wrestling around, I just grab the contested object and hide it. Thus I became a Barenaked Ladies fan after getting a couple of the band's CDs that way.

Protecting property on the Internet is far more complex. That's because it is much easier to steal content from a Web site than it is to get a CD from teenagers taking part in a death match. Because content on the Internet is in digital format, it can easily be copied with no apparent way to tell if it is the original or a copy — the quality remains the same.

One positive note for owners of Web content is that the Internet is subject to copyright law, which provides some protection for the owners and their intellectual content.

Necessary Disclaimer

This article is not intended as legal advice — I'm quite certain my legal expertise could get a person put to death for spitting on the sidewalk in Texas, or even a state where lethal injection isn't considered a party drink. This article is, however, designed to give readers a clue of how they can protect their intellectual property or avoid putting themselves in the line of legal fire. Beyond that, hire a lawyer.

What is Copyright Law?

Copyrights have been around in one form or another since the creation of the Constitution, when the forefathers sought to encourage creators to feel rewarded enough to continue coming up with new works and to encourage new people to join the fray.

The need for copyright protection has long been apparent. Written works could always be copied and later photocopied. Records (for the young, they were round things that had music on them), tapes, cassettes, CDs, TV shows, and movies could also be duplicated, so protection for the artists or creators has always been needed.

As the Internet has became more prevalent, the need for copyright protection there has also become a necessity. Today, copyright law has been adapted to protect Internet items, just as it has been adapted through the years to protect various other new mediums. It protects original work or work that is fixed in a tangible medium, meaning it is written, typed, or recorded. But because it was not designed specifically for the Internet, in some areas copyright law on the Internet can be as clear as mud.

Technically, when a user visits a Web page, the computer puts the page into RAM memory, and then when it is viewed online, some browsers put it into the computer's cache so that it will load quicker the next time the page is visited by that viewer. Thus, the entirety of the page is copied, which is technically a violation of copyright law. There is, however, an out. That is because by placing the page on the Internet, there is an implied consent by the owner for people to view that page.

That is splitting hairs, but if people do not want the page to be seen, they could leave it off the Internet or password protect each page. That, however, defeats the purpose of the Internet, making it basically empty and mindless — a lot like reality TV.

The problem is that people can easily copy the words verbatim, steal the photos, or copy the design as it is. Those actions, good folks, are violations of copyright law and just not nice to do. They are also frequently hard to track down.

When a Web page is created, its contents are immediately copyrighted, whether or not it carries a copyright notice. The copyright can belong to the creator or, in the case of a Web site that is created for someone, it can belong to the client. It is a good move to include a copyright notice in the form of: copyright or ©, the date of creation, and the owner. It is an even smarter move to register that copyright with the U.S. Copyright Office. That costs about $30, but it is well worth it if the intellectual property means much to you.

Such registration provides the owner with some legal recourse not otherwise available, such as the ability to seek civil damages, attorney fees generated while collecting those damages, and restraining orders and injunctions to prevent further use.

If it isn't registered, a copyright is much more difficult to enforce because the burden of proof is on the owner to show the amount of damages, something almost impossible to do.

Copyrights in the U.S. last the lifetime of the author plus 70 years. If there are more than one creator, the copyright lasts 70 years after the last one is deceased. The exclusive rights given to the author by copyright include the right to:

• Reproduce the work;
• Sell or otherwise distribute the work for money;
• Perform the work publicly;
• Prepare derivative works; and
• Display the work publicly.

Profit is not the only measurement used to determine copyright infringement, and there are many reasons people would not want their sites raided. The fact is that stealing things from a Web site it is illegal regardless of the reason.

Thus, if you create it, you own it. If you didn't create it, keep your hands off of it unless the author has given you specific, written permission. It's that simple.

What Is Not Covered - Page 2