U.S. Copyright Law and You

When writing the copy for your site, it will be tempting to look at others who have written essentially the same thing; your competitors and others in similar industries, and perhaps to ‘borrow’ some of their ideas. It is a lot of work to come up with all new content on your own, especially if you are essentially starting from scratch with no copy of your own. It is a good thing that you research what others are doing, what is not good is to copy or take without permission any content from another site and put it on your own as if it is yours. There are copyright laws that protect website owners from just such plagiarism; besides it just being downright sneaky. If you worked your tail off coming up with unique content for your site the last thing you would want to do would be have someone else take that content and use if for their own without so much as a thank you.

But what exactly is Copyright?

According to the United States Copyright Office and their website, copyright.org, Copyright is the following:

“Copyright is a form of protection provided by the laws of the United States (title 17, U.S. code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;

• To prepare derivative works based upon the work;

• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisualworks;

• To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

• In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the
Visual Arts.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.”

This is pretty definitive as to what you can and cannot do. More tomorrow on this extremely important subject.

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