After reading this board for a while now, and trying to help people out, I have noticed there are a lot of misconceptions of copyright law, and I want to try to get them down in this thread, and hey, maybe a mod will make this a sticky If anyone else has any content, or wants to try to rebut something that is said, feel free to reply. 1) If I provide a link back to content I take from a site, am I good? -No. Copyright Law requires the EXPRESS PERMISSION (and if I was you, I'd get it in writing) for use of intellectual property (which is what is copyrighted). Merely providing a link back does not fulfill this requirement. Now, that being said, if someone says somewhere on their site that its ok to copy their content so long as you link back to them, then that fulfills this requirement. 2) Do I have to register my content somewhere for it to be copyrighted? -No, you do not have to register anything anywhere for it to be copyrighted. Now, that being said, it is always advisable to do such, as it will help establish a good hard date the eyes of the court, of when the content was created. 3) Can I be sued for.....? -Yes, you can be sued for [insert question here]. At least in the US, you can be. Not sure about other countries. But in the US you can be sued for anything, and at sometime in your life, you will probably be sued for something. Now, that being said, can the person suing you win? Not if its frivolous. Just mind your P's and Q's. 4) If the site doesn't show some form of copyright, either the circle C or copyright, is it covered under copyright law? Or can I use it freely? -Notification of copyright is not required of work created after 1976. So just because you don't see a copyright notice, does not mean it is not copyrighted. 5) Where do I find Copyright Law? -A great resource is www.copyright.gov Title 17 of United States Code.
Nice article, very straightforward and probably covers about 75% of questions inside this forum. In extension i'd be interested to know: 1. "Now, that being said, if someone says somewhere on their site that its ok to copy their content so long as you link back to them, then that fulfills this requirement." What happens if this was present when you originally linked, but cheekliy taken down a week later without you knowing, and they then threaten legal action? 3. Can I be sued.. - Is it really likely if you infringe copyrights (minor e.g use of a photo) without knowing that somebody would attempt to sue you, or are they more likley to send a letter first to take it down. Also can they only sue you for an amount if you have recieved profits as a result of the copyright infringement or lost them profits. 4. So why do we still see (copysymbol)All Rights Reserved 2009,(present on your site) is it recommended to add this to a footer? Sorry to hi-jack the thread with my questions. Again nice article, maybe if it builds into a bigger article with more basic points it should definately be stickied as it is relevant to what us web developers need to know.
1) That would be a sticky situation, one I would hate to be in. If they are threatening legal action I would go ahead and comply. Permission to use copyrighted material can be withdrawn (usually some sort of notification must be made) However, it could also be argued that it was your responsibility to check frequently. 3) It is highly unlikely someone qould sue your for using a photo. Generally, most people will just send a D & C letter or DMCA notice. However, if your taking things from larger companys, they will more than likely take it to court. Generally, if they can articulate you potentially lost them profits, by a mere preponderance of evidence (thats about 51% towards them, which is all that is required in civil court) then that is what they could get. All suites, for the most part, are going to be unique. 4) It is strongly advised that you not only register your copyright, but provide notice as well, as it will help you prove your case to the jury or judge should you need to seek legal action. I want this to turn into a nice large post with everyone's input. And if people have clarification questions, then this would be a great place to ask them. When I get a little more time I will add some more things, and also some things to the trademark side as well. I'm not as versed in trademark law so it would be great for other people to contribute their knowledge on trademark and patent law. I know there are a couple people here who are quite knowledgeable in that aspect of the law. Now this is more focusing on US Law, I don't know much about other countries, other than the US has treaties with a lot of them (complete list on the www.copyright.gov). So it would also be great if some people from other countries could provide some insight into their countries copyright laws.
Question, is the point to create a simple primer or go into as much depth as possible? For example, on #1 I would add to an in depth list (but probably not to a basic primer) that permission may only be given by the original copyright holder or the the owner of the distribution rights. Even if the site where you get the text/image from gives you permission, if they are not the copyright holder then they cannot give permission. Relying on the ToS of certain sites can lead to problems. While an explanation of the situation to the original copyright holder might mitigate any problems, legally they are not obligated to be lenient on you because you got the content from a different source passing it as their own. #3 Fines and fees for any single violation of copyright mainly depend on whether the work has been registered and the use of the infringing work. Using infringing works that have been registered with the Copyright Office can result in statutory damages and legal costs as well as fines and actual damages. Actual damages and fines can be awarded regardless of the registration status of the work. Actual damages can include (but are not limited to...) licensing cost of the work, any profits made from the use of the work, and/or revenue (that can be proven) from lost sales. Fines are paid not to the owner of the copyright, but to the State. These fines are generally assessed in criminal rather than civil proceedings (arrested, not sued). These will only apply if the original work cost more than $1000 or the work was infringed for the purpose of profit or financial gain. Fines can be hefty and are per work, not per trial. Also, jail time can be from 1-5 years. Criminal penalties sound scary, but are generally reserved for gross violators that are producing infringing works on a large commercial scale. Legal fees will largely depend on the quality of lawyers hired by the plaintiff. These will only be awarded in cases where the work has been registered. Statutory damages can range from $250.00 to $150,000.00 per infringed work. Statutory damages can be awarded over and above all other awards/fines. Statutory damages are only applicable when the work has been registered. Also, I would add (either as #4 or as an addendum to #1)- This website is visible to the public, so the contents are in the public domain, right? No, public domain is a copyright concept and has nothing to do with physical location or public accessibility. Magazine covers are visible in public,, but you can't just go around copying them for commercial use. Public Domain: Works that have either aged out of copyright protection or have specifically been placed in the public domain.
It would be great if we could get this as detailed as possible and then after a little while I can go through and organize it into a nice pretty post, either a new one or just edit the first post to reflect all additions. Or maybe a mod will make a sticky post about it when they get bored