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COPYRIGHT

FAIR USE
AND THE INTERNET

J. Dianne Brinson is a copyright attorney specializing in intellectual property. Along with Mark F. Radcliffe, she is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at laderapres@aol.com

Q: Is there a "fair use" right to post someone else's material on the Internet?

A: Under U.S. copyright law, you don't need a license to use a copyrighted work if your use is "fair use." The fair use exception was created to allow limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Examples of fair use are: quoting passages from a book in a book review; summarizing an article, with brief quotations, for a news report; and copying a small part of a work to give to students to illustrate a lesson.

Some people think that posting someone else's copyrighted material on the Internet or putting it on a Web server is fair use, because the "culture" of the Net is that it's okay to do these things. Under current law, there is no absolute fair use right to post someone else's copyright material on the Internet. If copyrighted material is used on the Internet without the permission of the copyrighted owner, whether the posting is fair use will be decided by considering four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for, or value of, the protected work.

Much public domain material is available on the Net-government reports and uncopyrightable factual information, for example. However, much of the material that is on the Internet is protected by copyright.

There are a number of myths about how copyright law applies to copying material from the Internet and posting material on the Internet. We'll discuss some of them in this section.

Posting Material

Here Are 5 Myths About Copyright And The Net

Myth #1: My Web site will be a wonderful showcase for the copyright owner's song/graphics/text, so I'm sure the owner will not object to my use of the material.

Don't assume that a copyright owner will be happy to have you use his or her work. The owner may, for example, be concerned that the reproduction quality of your Web site will not do the work justice. Even if the owner is willing to let you use the work, the owner may want to charge you a license fee.

Much public domain material is available on the Net-government reports and uncopyrightable factual information, for example. However, much of the material that is on the Internet is protected by copyright.

Myth #2: It's okay to make other people's copyrighted material available on my Web server so long as I don't charge people anything to get the material.

Copying and distributing copyrighted material without permission can be copyright infringement even if you don't charge for the copied material. Making material available for others to copy can by contributory infringement (discussed in "Operator Liability," later in this chapter).

Much public domain material is available on the Net-government reports and uncopyrightable factual information, for example. However, much of the material that is in the Internet is protected by copyright.

Myth #3: It's okay to use copyrighted material in my Web site so long as no one has to pay to visit my Web site.

Unless your use of the copyrighted work is fair use (see "Fair Use," later in this chapter), you need a license to copy and use the work in your Web site even if you won't be charging people to view your Web site. (You also need a public display license.) This topic is covered in Chapter 11.

Much public domain material is available on the Net-government reports and uncopyrightable factual information, for example. However, much of the material that is on the Internet is protected by copyright.

Copying Material from the Net


 
Myth #4: It's okay to copy material form a Home Page or Web site without getting permission.

Much of the material that appears in Web sites and Home Pages is protected by copyright. If you want to use something from someone else's Home Page or Web site, get permission-unless permission to copy is granted in the text of the Home Page or Web site (see "Taking Material form the Net," later in this chapter).

Much public domain material is available in the Net-government reports and uncopyrightable factual information, for example. However, much of the material that is on the Internet is protected by copyright.

Myth #5: Anyone who puts material on the Web server wants people to use that material, so I can do anything I want with material that I get from the Web server.

Individuals and organizations put material on a Web server to make it accessible by others. They do not give up their copyright rights by putting material on a Web server. Also, the person who posted the material may not own it.




FREE HELP from the U.S. COPYRIGHT OFFICE


COPYRIGHT QUESTIONS? Now you can request free fax-back quick answers for your questions. To get a list (index) of available documents, phone (202) 707-2600. You can select up to three documents on each fax-back request. Their web site is: http://lcweb.loc.gov/copyright

Here are examples of FREE copyright information documents available to you. They will arrive via FAX. When you phone (202) 707-2600, punch in the number indicated to the left of the following documents.
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103
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105
110
113
114
115
117
119
120
123
124
126
130
132
135
136
139
140
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202 		Copyright Basics
Copyright Publications
Copyright Notice
Copyright Fees
Supplementary Registration
Recordation of Documents
Derivative Works
Renewal of Copyright
Researching Copyright Status
Card Catalog/Online Files
Copyright for Visual Arts
Duration of Copyright
Motion Pictures and Videos
Computer Programs
Daily Newspapers
Databases
International Copyright
Works-Made-For-Hire
Architectural Works
Multimedia Works
Copyright Office Overview
Daily Newsletters
Registration/Groups of Photos



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