Personal Safety
Children Online
Online Dangers to Kids
Child Safety Tips
Adult Safety
Online Dating
Meeting People
Cyberbullies
Social Networking
Phishing
Social Engineering

Computer Safety
Hackers
Passwords
Spyware
Backdoors
Keyloggers
Viruses
Antivirus
Firewalls
Spam
Hoaxes
Scams

Internet Manners
Netiquette
Copyrights & the Internet
Bandwidth Theft

 

The complex laws of copyright infringement can be summed up in the following sentence.  "If you did not create it, do not use it without the express written permission from the creator."

Copyrights apply to a wide range of items.  These include, but are not limited to, music, graphics, pictures, and the written word.

The expression of an idea is copyrightable, however the idea itself cannot be copyrighted.  For example, while this article is copyrighted, the ideas presented are not.  If anyone wanted to create a similar article, they could if they expressed it in their own words.  Copying any part of this article and placing it within their article without express written consent would be a copyright violation and possible plagiarism.

As with almost every law in the universe there are some exceptions, although most of these also have limitations.  Within this article, we will look at some of the exceptions along with some falsehoods.  Although copyrights encompass many media, we will concentrate on how these laws affect you and the internet.

Copying and using poems, articles, stories and other print media

A lot of people are under the impression that they can outright copy other people's work providing they give proper credit or provide a link.  The correct way is to use a couple of lines as a teaser or paraphrase a sentence or two and provide a link to the original article.

Copying and using graphics and photographs

A person can only use these if they have express written permission from the originator.  Making changes to other people's work is not allowable, unless permission is specifically given by the originator.  Removal of any © or mark is in extreme violation.

Copying of music and other sound recording

This is again forbidden unless permission is given or fees are paid to the appropriate authorized organization.  You are allowed, if possible, to make one copy for yourself of a CD or other formats.  Sharing of music is not legal.  Although this is constantly being challenged in courts, those same courts have not made any firm ruling in this regard.

Understanding Terms of Use and Privacy Statements

A lot of web sites have "Terms of Use" or a "Code of Conduct" which outlines your obligations in order for you to use their products.  Privacy statements refer to their obligations in regard to any information you give them or that they obtain from you via cookies or tracers.  These are well worth the time that it takes to read and understand them.

Public Domain and what is Included

Public domain material is material that is not protected by copyright law for a variety of reasons.  Material protected by copyrights have an expiration date after which it becomes public domain.  These expiration dates are as follows: 

• If the material was published before 1923, it is in the public domain. 
• If published between 1923 and 1963, the material is protected when published with notice for 28 years and could be renewed for 47 years and then extended an additional 20 years for a total of 67 years after that. 
• Material published from 1964 - 1977 is protected if published with notice for 28 years in the first term and 67 years in the second term at which time it enters public domain. 
• After January 1, 1978 public domain and protected dates changed as follows:
  • If the material was created before that date, but not published, that material is protected for the life of the author plus 70 years or December 31, 2002, whichever is greater.
  • If it was published between January 1, 1978 and December 31, 2002, that material is protected for life of the author plus 70 years or until January 31, 2047, whichever is greater, then it enters public domain

Just because material does not have a © symbol does not mean it is not protected.  All works are copyrighted when created.  At that time the creator may, of their own choice, choose to enter their work into the public domain.

Fair use and its applications on the internet

Fair use is applicable to registered educational institutions and libraries only, and in limited cases, parody.

Personal use and Limitations

Quite often, something you wish to use will state it can be used for non-commercial personal use.  This allows you to use it only within your home and only for you.  You cannot use it on a web site regardless of the type of web site you have.  Usually personal use would allow you to print out a copy for any household use, such as copying a Disney® cartoon for your child to colour and stick on your fridge or copying instructions for a recipe you might wish to refer to later.  This does not allow you to make copies for friends or others.

Creating your own copyrighted work and protection

Once something is created and fixed in a tangible medium, it is copyrighted and the originator is protected.  It could be registered for a fee, although that is not required.

Copyright laws, penalties and areas covered by the Berne Convention

The Berne Convention and the Digital Millennium Copyright Act (DMCA) cover most countries in the free world and the laws cover copyright protection and any penalties for violations.  Penalties range all the way up to $5,000,000 and beyond.  If you are interested, details can be found within their respective websites.

© Copyright 2004 - 2008
All Rights Reserved.
Page last updated January 26, 2008