Understanding Internet Copyrights

Almost every website we go to has the little Copyright notice at the bottom. But, what does that mean? Does that mean they actually registered any of that information with the government to receive a registered copyright?

What is a Copyright?

A copyright is a right of publishing provided to the author of content. It is a way for the author to exclude others from the right to use their works in any form. That right is automatic for the author when the work is created. So, if you create an email or a webpage, that content is copyrighted by you as soon as you create it. This article is copyrighted to PC Media, Inc. because I wrote it and I do not need to register it with the government. Now, one DOES need to register a copyright with the government in order to be able to file a lawsuit asking for damages.

When it comes to a website, though, we often have many different articles. If one were to seek registered copyright, they would not need to register each article separately. It can be registered as a collective. However, according to the law (see Copyright Registration for Online Works), the copyright you would register only covers the material in place at the time of application. So, literally, any new content or revisions would not be covered by the copyright. That doesn’t make a whole lot of sense, and I fail to see how any court would let somebody get away with copying a work just because a few lines had been changed.

Limits to Copyrights

Copyrights are, in some ways, gray territory. Especially when it comes to the internet. One thing to keep in mind, though, is that a copyright is essentially a right to exclude other from publishing, not necessarily the right to publish. So, if the material you are posting is obscene, libelous or invades the privacy of another, it would still be a problem for you because of other laws. In that case, just because it was created does not mean you can copyright it.

When it comes to internet content, understand that expression is copyrighted. A simple regurgitation of facts or ideas would not be. Also, let’s say you create a piece of writing and post it. Then, somebody else later comes along and posts a piece very similar to your’s. That new piece is not an infringement as long as it was independently created. For example, one person writes a tutorial on how to assemble a computer (speaking from experience here). The procedure is pretty much the same. So, if somebody else wrote a tutorial on building a PC, as long as it was created by THAT person and not my copying my own tutorial, they are totally fine. The test is in who created it.

Another limit to copyright is what is called “fair use”. “Fair use” refers to the rights of others to use the works of another even without approval. The problem is that the word “fair” is open to a lot of interpretation. But, there are some benchmarks which guide one through this. If the use of the work is seen to advance the public interest, it is generally OK. For example, if someone is using the work in education or an editorial, and if little of the copyrighted work was used, it should be OK. Giving proper credit for the work is a requirement, though. For example, we’ve had many articles on PCMech be used by teachers and educators. This is perfectly OK to do without even asking permission as long as they properly credit PC Mechanic as the source of the content. Fair use does not apply to commercial applications in all instances. For example, a magazine who publishes part of another work and gives proper credit for it is OK even though the magazine is a for-profit operation. However, if someone uses the work of another in any way to suggest that the author endorses a product, this is against the law.

Implied License

There is, in some instances, an implied license to publish online. For example, posting a message to a public forum gives an implied license to that website to use your post and, obviously, publish it. After all, it is on their website. Likewise, when you send an email to someone, there is an implied license to the recipient to allow forwarding the email.

Express License

Many gray areas in copyright can be avoided by simply directly expressing the copyright notice. For example, if a customer emails you a testimonial or success story, you may want to publish that success story in a newsletter or magazine. However, there is a gray area here. Did the writer of the testimonial know they would be published? Any questions can be avoided by simply including the question “OK To Publish?” with the testimonial, thereby asking the person if it is OK. If they say that it is, then the question becomes very black and white.

Some sites even include a notice that any email sent to them is fair game for use by the website owner. This is usually implied. However, it is a gray area and a source of possible dispute later. So, any email which is should not be used in any way should include a confidentiality notice. On the flip side, the website should really have a posted policy of what happens with the emails it receives and what it can do with those emails.

Using Outside Authors

Many websites, including our own, publish works written by other people. In this case, we have the issue of copyright because it is on our website, yet we did not author the content. According to copyright law, the author of the article retains copyright automatically. However, a smart website owner will not rely on verbal agreement to publish that article online. It is best to have a simple contract lined up for all authors. This contract would address the issue of article ownership. The contract can clearly state that the article belongs to the site’s owner. The other option is that copyright remains with the author, yet the author provides either an exclusive or non-exclusive right of publishing to the website for that article. One could even mix it up, granting exclusive publishing rights for a certain period, then moving to non-exclusive. This can be good for the webmaster because it means their site is exclusive provider of said content until a later date, at which time the author can provide the article to other sites if they desire.

Copyright Enforcement

Before I close, I’ll say just a word about enforcement of copyright. As said previously, the only real way to be able to file lawsuit and seek damages is by having a registered copyright. That said, one can and should do what they can do ensure nobody is abusing your copyright. Every so often, we find others on the internet re-publishing our tutorial on building a PC. We find it for sale on eBay or we find sites who re-post it with no credit given. What can you really do about it? The first step is usually to email the site’s webmaster and notify them of what they are doing and ask them to take it down. Many times they will. After all, most of the time it is done either out of ignorance or because they thought they could get away with it. If you make it clear that they got caught, many times they will simply remove the offending material. There is no worse way to get along with the internet community than to steal somebody else’s content and re-publish it. As another method, you could contact the host of the offending site and notify them.

If you have an actual registered trademark, then your options are better established. You can actually bring the weight of the law down on the offenders if you so choose. In this case, you need to simply evaluate whether it is worth the effort. In some cases, the offending site might be so small that it will never even be noticed. In other case, though, you may want to consider legal action.

Conclusion

So, when a website puts the little copyright notice at the bottom of the page, realize it does mean something. It may not mean they have a registration, but it still means they are the copyright holders of the content on that website – as long as they created it. For any content which you did not create, make sure you have your ducks in a row so that it is clear you are able to publish that material.