When you are faced with electronic commerce issues, an attorney who has regularly advised and represented clients in Internet business and e-commerce matters can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation with an experienced attorney.
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Internet Copyright Issues
Copyright is a form of protection provided by federal law (Title 17 of the US Code) to authors of “original works of authorship,” including literary, dramatic, musical, artistic and certain other intellectual works. Entering into an Internet business raises several copyright issues. If you have questions about copyright law, talk to an attorney at Erik S. Syverson in Los Angeles, California.
Overview of Copyright Law
Copyright law is exclusively federal. Under the Copyright Act (17 U.S.C. §§101 et seq.), the following materials can be protected: literary works; dramatic works; musical works; movies, television shows and other audiovisual works; sound recordings; pictures, graphics and sculptures; architectural works; advertising; and combinations of these materials. For example, a Web site that contains words and pictures can be protected. Copyright law protects the specific form of a work. This means that it does not protect the idea, theme or concept that is expressed in the work; nor can processes, procedures or materials in the public domain be protected.
As soon as an original work is put into a tangible form, it qualifies for copyright protection. Therefore, there is technically no need to put a copyright notice on the work, or register the work in order to have a copyright. However, most copyright infringement actions can only be maintained if the work is registered with the Copyright Office of the Library of Congress. In addition, registering the work grants an owner certain statutory rights, including the ability to recover attorneys fees in a successful copyright infringement action. It is always good practice to place a copyright notice on a work in order to put others on notice of your ownership. Once you have created an original Web site, it is advisable to register the site and place a notice on it.
The owner of a copyright has the exclusive right to reproduce the copyrighted work; distribute copies of the work; perform the copyrighted work publicly; display the copyrighted work publicly; and prepare derivative works based on the copyrighted work. The copyright owner may sell or transfer his or her rights.
Copyright Infringement
Copyright infringement is any unauthorized exercise of any of the exclusive rights given to the owner of the copyright by another. To establish a case for copyright infringement, the plaintiff must prove ownership of a valid copyright and that the defendant copied original portions of the work.
Fair Use
The fair use doctrine permits a person to use copyrighted material for “purposes such as criticism, comment, news reporting, teaching … scholarship, or research.” 17 U.S.C. § 107. If the fair use doctrine applies, a person can use copyrighted material without obtaining a license to do so. Courts generally consider the following factors in determining whether a use is fair use: the purpose and character of the use; the nature of the copyrighted work; how much of the copyrighted work is used and how substantial that portion is; and the effect of the use on the value of the work or potential market.
Creating a Web Site
When setting up a Web site for your business, you will likely want to add pictures, text and graphics. There are countless numbers of images, graphics and text already on the Internet, and it may be tempting to copy these for your Web site. To be safe, it is advisable to write your own original content for the Web site, use pictures you drew or created and design an original layout.
If there is something you would like to copy, it may not be a problem. Some images and text may be in the public domain, meaning that they are not copyrighted, or a prior copyright in the work has expired. However, to be sure one should always complete a thorough investigation. Never assume an image or text is in the public domain.
If a work is not in the public domain, it is most likely copyrighted. Copyright ownership is not always clear. You must be aware that just because an image or text does not have a copyright notice, it does not mean that it is not copyrighted. Therefore, prior to using any preexisting image or text, one should always contact the owner of the work, if possible, for permission or a use license. Using copyrighted text and graphics without permission could lead to a claim of copyright infringement.
Conclusion
A number of copyright issues come into play when setting up an Internet business. An attorney at Erik S. Syverson in Los Angeles, California can help you with Internet-related copyright issues.
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