Copyright Infringement and Web Content
Pictures, Blogs, Articles and Other Internet Works are Protected
Aug 20, 2009
Once something has gone from imagination to fixed form (paper, computer, online, etc) the law protects that work with a copyright. When someone else uses that creation without permission from the creator, copyright infringement has occurred.
On the Internet today, copyright protection issues are increasingly taking center stage while the judicial and legal systems scramble to keep up with the ever-changing face of the web. The average Internet user is not likely to know or understand copyright law, and there seems to be an idea amongst many that anything found on the Internet is in the 'public domain'.
Copying and pasting the web content someone else created infringes upon the creator's copyright. The ubiquity of web content and different licensing rights for the use of that content, including the rights one has to give to social networks to be able to post a blog post, confuses the issue of copyright on web content even more.
Public Domain and Web Content
"Public domain" is a very specific term used in copyright law. This article won't deal with that public domain is, but rather with what it isn't. If something is posted on the internet, doing so does not automatically make it 'public domain'. There is some confusion over the meaning because the internet is public or for public use and there are 'domains' on the internet. Copyright law and public domain existed long before the Internet, so the confusion could not have been predicted.
Web Content and Copyright Infringement
Web content is, for the majority of content, copyrighted to the person who created it, unless otherwise specifically stated. This web content is not limited to writing either. It can include blog posts, pictures, photographs, graphic designs, web code for website designs, programming codes, software, drawings and more. All of these web content items have a copyright affixed to it that regulates, determines or limits the use of the item.
The creator of the web content has the right to determine who and how the work can be used. For example, the creator of a blog post can determine that the blogging platform can publish the web content on their platform and thus grant the blogging platform permission to do so, usually by agreeing to the Terms of Service or Terms of Use for that blogging website. That does not, however, mean anyone else can copy and use that writing or blog post on their website or blog unless they too get permission from the creator or author of the post.
Pictures (Images) and Copyright Infringement
Graphics and images found on the web are usually copyrighted to the photographer or to the publication or website on which they are found. When searching for images on search engines, such as Google Images, the web surfer does not have permission to use those images simply because they are indexed in the search engine. The original website and photographer should be contacted for permission.
Hotlinking and Copyright Infringement
It is uncertain where copyright law will fall on the subject of hotlinking. Hotlinking to a photo on the internet means the photograph is shown on one website using HTML code, but the original picture resides on the original website. The owner of the website can move or delete the picture at any time, in which case, the photo or picture on the other website that hotlinked to it will disappear or an error will show. However, as long as the picture still exists with the same file name on the original site, so will the picture on the site that hotlinked.
The courts have not officially decided the answer of whether hotlinking violates copyright or not. For now, it's always best to respect copyright and only hotlink when permission has been granted to use the image, picture of graphic.
Play it Copyright Infringement Safe
There are, of course, exceptions to all rules, and copyright law is no different. There are 'fair use' exclusions and expiration of copyright and other things that bend the basic rules of copyright law. However, these exceptions to the rule are complicated and confusing for laypersons, so the best way to ensure copyright is not infringed upon is to follow this simple rule:
If it's on the Internet and someone else wrote or created it, don't use it without their permission.
For more information and in-depth answers to frequently asked copyright questions, visit the government website for copyright law.
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