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Copyrights
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The Internet and Copyright:
"The Internet has been characterized as the largest threat to
copyright since its inception. The Internet is awash in information, a lot
of it with varying degrees of copyright protection. Copyrighted works on
the Net include new s stories, software, novels, screenplays, graphics,
pictures, Usenet messages and even email. In fact, the frightening reality
is that almost everything on the Net is protected by copyright law. That
can pose problems for the hapless surfer."
("The Copyright Web site"
http://www.benedict.com/)
What is protected on the WWW?
The unique underlying design of a Web page and its
contents, including:
- links
- original text
- graphics
- audio
- video
- html, vrml, other unique markup language sequences
- List of Web sites compiled by an individual or organization
- and all other unique elements that make up the original nature of
the material.
When creating a Web page, you CAN:
- Link to other Web sites. [However, some individuals and
organizations have specific requirements when you link to their Web
material. Check a site carefully to find such restrictions. It is wise
to ask permission. You need to cite source, as you are required to do
in a research paper, when quoting or paraphrasing material from other
sources. How much you quote is limited.]
- Use free graphics on your Web page. If the graphics are not
advertised as "free" they should not be copied without
permission.
When creating a Web page, you CANNOT:
- Put the contents of another person's or organizations web site on
your Web page
- Copy and paste information together from various Internet sources to
create "your own" document. [You CAN quote or paraphrase
limited amounts, if you give credit to the original source and the
location of the source. This same principle applies to print sources,
of course.]
- Incorporate other people's electronic material, such as e-mail, in
your own document, without permission.
- Forward someone's e-mail to another recipient without permission
- Change the context of or edit someone else's digital correspondence
in a way which changes the meaning
- Copy and paste others' lists of resources on your own web page
- Copy and paste logos, icons, and other graphics from other web sites
to your web page (unless it is clearly advertised as
"freeware." Shareware is not free). Some
organizations are happy to let you use their logos, with permission -
it is free advertising. But they want to know who is using it.
They might not approve of all sites who want to use their logo.
Many aspects of the issue of copyright and the Internet are still not
resolved. This information, however, should serve as a useful guide
to help you avoid violation of copyright rules and the pitfalls of
unknowingly plagiarizing someone else's material. When in doubt, please
consult the official copyright
rules and guidelines.
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How the Law Applies to the Internet
Internet technology is developing faster than the laws that govern it. New
laws that apply to the Internet have been established either by
legislation or the courts; copyright laws are among them. A common myth
about the Internet is that anything posted online can be copied or
downloaded. In truth, anything you see on the Internet has the same
potential of being protected by copyright as anything you see in the
library or bookstore. Under modern copyright law, the formalities of
registration and copyright notice are no longer required. As long as
material satisfies three elements, copyright protects the work
automatically. See What Copyright Protects.
What is Required to be Protected by Copyright.
What kinds of work are protected by copyright? Any work that is
expressed in a tangible medium, original, and has the least bit of
creativity is protected by copyright.
- Fixed in a Tangible Medium.
The work must be recorded somehow. If the work is a book, the content
must be written down. Even an audiotape of the author telling the
story fixes the work in a tangible medium. A book written entirely in
Braille is fixed in a tangible medium. A song must either be recorded
or scored so that someone else can hear or read the music. Photographs
are tangible mediums and meet this requirement automatically. In other
words, the idea behind the work must be able to be read, seen, heard,
or understood by others.
- Original.
It has to be original. You cannot claim copyright protection to work
that was created by someone else or copy someone else's work and claim
you are the author or artist.
- Creative.
The material must also be creative. How creative? The Supreme Court
says, "...the requisite level of creativity is extremely low;
even a slight amount will suffice." The vast majority of works
make the grade quite easily, as they possess some creative spark,
"no matter how crude, humble, or obvious" it might be."
Art can be expressed in an infinite number of ways. Copyright law is
designed so that any original work that has the slightest
creativity may be protected from unauthorized copying, performing,
displaying, or any of the other rights that only the artist may exercise.
The Copyright Act recognizes specifically these works:
- Literary works (such as poems, fiction and nonfiction books)
- Music including the lyrics
- Dramatic works including the soundtrack or music (includes plays and
operas)
- Pantomimes and choreography
- Pictorial, graphic and sculptural works
- Movies and audiovisual recordings
- Sound recordings
- Architecture
Many other works are also protected by copyright. A child's finger
painting. A doodle in a notebook by a student bored in class. A snowman. A
sand castle. A love letter. Graffiti. Even e-mail can be protected if it's
original and the least bit creative.
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