Avoid copyright infringement on your webpages

by Symantec

You Have the Right to Remain Legal

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With the ease of acquiring text, images and other media online, the law of Web copyright may seem like a gray area. But the truth is, few things on the Web are not protected by copyright law, and violating that law can cost your business serious legal fines and, in extreme cases, you could face imprisonment.

What is copyright?
Just because your browser allows you to click on an image and save it on to your computer does not mean that it's legal. In the US, original works created after
April 1, 1989 are protected by copyright. By definition, this includes almost everything on the Web. Although many sites and creators choose to post a copyright notice on their images and other media, a notice is not required in order to protect original work from copyright infringement. The protection is automatic upon completion of the work.

If you use someone else's text, Graphics or other media on your site without the author's permission, you have violated copyright law. Even one act of willful copyright infringement can cost your business hundreds of thousands of dollars.

The Truth about Copyright
There are many misconceptions about what does and does not constitute copyright infringement. Here we separate myth from fact:

• You can use it if you don't gain a profit from it. False. Using copyrighted media without permission is still illegal, even if you don't charge for it.

• You can use it if you credit the author. True and False. You cannot use an author's entire work without permission. But some media may be used under the "fair use" clause, under which small amounts of a work may be cited without the author's permission to prove a point, provide commentary, or educate the viewer. The author should be credited.

• Facts and ideas can't be copyrighted. True. But the expression and structure of those facts and ideas can be copyrighted. So be sure you are expressing the idea in your own words and not someone else's.

• If you alter a copyrighted image, it then becomes your own. False. If you intend to copy an image or graphic then alter it using Photoshop or other tools, you will still be liable for copyright infringement.

Keeping your Web site legal easily
Once you understand what is protected by copyright on the Web, you can make informed decisions about the content you include on your site. Here are some suggestions to keep your site free from the dangers of copyright infringement:

• Use your own. Create original text and images for your site and you will never infringe on copyright law.

• Err on the side of caution. Unless a site specifically states that content may be used, assume it cannot.

• Use media made public by the author. Some authors gladly share their creations with the world for you to use as you please. The Web features many sites that offer extensive collections of clip art, Graphics and buttons that are public domain.

• Get permission. Getting written permission is the only safe and legal way of using copyrighted material. When you contact the owner, explain what you'd like to use the material for, where it will appear, and for how long. Don't be surprised, however, if the author is unwilling to grant you this privilege.

• Take advantage of fair use. The fair use clause was created to facilitate commentary, education and research on copyrighted material without the author's permission. Content that falls under fair use should be a short, attributed abstract. To keep from negating the fair use clause, the author should still be able to make money from the media after you have used it. For example, if you print enough of an article that readers no longer need to purchase their own copy, fair use does not apply.

With the ease of acquiring media on the Web, site builders need to be aware of the importance of copyright and how to avoid violating it. It's always a good idea to err on the side of caution. What's the best way to avoid entanglement in copyright violation? Be an original. A small business site full of original content is one of a kind.