Copyright Law and the Internet
The internet has made us all publishers and many of
the copyright laws apply. The internet is not considered public domain
and any original work, including photos, art and text, are protected
even if there is no copyright notice.
If you receive a complaint about your website, the prudent course
of action is to immediately remove the material while you seek proof
of ownership. If it comes to a court appearance, your immediate response
will be viewed favorably.
There have been legal
issues with certain types of linking. Currently, there is no problem
with linking to the front page of a website.
If you use another company’s logo (like Amazon.Com’s),
or imply a relationship, you must obtain the other company’s
permission in writing. Oral agreements are acceptable but difficult
to prove.
Deep linking
is done when a link bypasses the front page of a website and
links to an interior
page. So far deep linking is okay (but unsettled),
as long as it doesn’t imply a relationship. If your website
contains outbound links, consider adding the following disclaimer
to your website:
By providing
links to other sites, [your website name] does not guarantee,
approve or endorse the information or products available
at these
sites.
Framing another
website’s content has been found by one
court to be an infringement of copyright. A website called
TotalNews framed
content from CNN and the Washington Post. They were ordered
to stop framing and use text links only.
If you own
a website that allows the public to post comments, you will want
to protect yourself with a “click to accept” agreement.
“ User
agrees not to post any materials protected under copyright,
trademark or trade secrets unless with the express
authorization of the owner or, any material likely to defame
or invade the
privacy of an individual.”
“
Click to accept” agreements (click wrap agreements) often accompany
royalty-free and copyright free materials i.e. shareware and clip
art. These agreements commonly allow personal use and prohibit resale
to others. “Click to accept” agreements
are generally acceptable in the United States.
Commercial
sites will want to have a refund and return policy, and any
website that provides downloads will
want to state
that they
are not responsible for any viruses picked up
during the download.
Remember,
disclaimers prominently displayed can limit damages. The owner
of the website is liable
for anything
posted
on their website.
For more information regarding copyrights please
go to www.copyright.gov. You can also find
further information
about copyrights and
the web by going to Stanford University’s website at:
http://fairuse.stanford.edu/index.html. If you would like to
copyright your website you can go to www.domainregistrationwebhosting.com.
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