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Copyright

Try this quiz
Chilling Effects
Copyright basics
What you can and can’t copy from the Web
Fair use
How to copyright an online story
Things you might not know about copyright
More about copyright

TRY THIS QUIZ!

1. True or false? You want to use a quote from a book for editorial emphasis. Because you’re including fewer than 250 words, it’s fair use.

2. True or false? Because the Cronkite School has an educational mission, anything we produce on the Cronkite Zine automatically qualifies as fair use. You don’t need to worry about clearing rights.

3. What four factors determine fair use? (Hint: Look at questions 1 and 2.)

4. True or false? You wrote a short story and sold a Web site the right to publish it online. You may also sell to a film studio the right to make a movie based on your short story.

5. True or false? You downloaded a photograph from the Internet. You don’t need to clear rights because photographs on the Internet are automatically in the public domain.

6. What material is in the public domain?

7. True or false? You collected photographs and gave them to an artist to create an illustration for your Web site. The artwork and the photographs are virtually identical, but this is not a problem because the Web site holds the copyright in the artwork.

8. True or false? If a photo you want to use doesn’t include a copyright notice, it must be in the public domain. You’re free to use it, right?

9. True or false? In doing research for a Web article, you pulled facts from an existing Web site and included them in your site. You don’t need to clear the rights.

10. What two things does copyright protect?

11. What’s the difference between copyright and trademark?

12. Could you go to prison for copyright infringement?

13. Even though everything you post on the Internet is automatically copyrighted, why is it a good idea to include a copyright notice?

14. True or false? You can use a quote from a discussion board or e-mail in a Web story without asking permission.

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CHILLING EFFECTS

Chilling Effects aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities.

Do you know your online rights? Have you received a letter asking you to remove information from a Web site or to stop engaging in an activity? Are you concerned about liability for information that someone else posted to your online forum? If so, this site is for you.

COPYRIGHT BASICS

What does copyright protect?

Simply put, copyright protects two things:
1. The author’s right to obtain commercial value from a work.
2. The author’s right to control how that work is used.

What’s the difference between copyright and trademark?

Copyright protects books, plays, choreographed works, music, photos, software, videos, and other original works by preventing people from copying or commercially exploiting them without the creator’s permission. Trademark protects distinctive names, titles, phrases, logos, and other devices used to identify products and services.

Both trademark and copyright might protect different aspects of the same product or service. For example, trademark laws may protect the name of a product in an ad, while copyright could protect the words in that same ad.

Why worry about copyright laws?

Before borrowing someone else’s material, check the copyright. Almost everything on the Internet is protected, including news stories, software, novels, screenplays, photos, and even e-mail. If you copy material or pass software to a friend, you could be sued—even if you don’t profit from it.

Will I go to prison for copyright infringement?

You could. If you violate the copyright of online materials for financial gain, the Digital Millennium Copyright Act of 1998 provides for penalties of up to $500,000 and five years in prison for a first offense (and double those figures for subsequent offenses!). Even if you violate copyright without making a penny, you could get sued if you harm the commercial value of a work.

Can I copyright an idea?

According to the U.S. Copyright Office, “Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.”

Who holds the copyright to a story I write for my employer?

It depends. Usually the author of a work owns the copyright—except if it’s an assignment or a work for hire.

Assignment   As the author, the copyright is initially yours, but it may belong to your employer if you assigned it in writing. If you didn’t assign the copyright to your employer in writing, then you still own it. Caution! At the time of hiring, some companies acquire a blanket assignment of copyright for any works created on the job.

Work for hire   A work for hire is prepared by an employee as part of a job or as a specially commissioned work that both parties agree in writing is a work for hire. If a work qualifies as a work for hire, the employer owns the copyright.

Are U.S. copyrights recognized in other countries?

More than a hundred countries honor U.S. copyrights. For a list, check the FAQs on the U.S. Copyright Office Web site.

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WHAT YOU CAN AND CANNOT COPY FROM THE WEB
Since copyright cases are constantly being argued, keep up to date with changing legislation by checking the U.S. Copyright Office site.

Web pages
Just as CD-ROMs, magazines, books, and video games are protected as whole products, a Web page may also be copyrighted as a whole product. Therefore it’s illegal to copy any part—content or design—of the product without permission. What if designers copy the HTML codes of someone else’s site onto theirs? Because designers aren’t lifting the exact images but rather the invisible and underlying codes, it’s difficult to determine where the line of copyright violation begins.

Links
Since links are Web addresses, they’re considered facts, like telephone numbers. Because facts aren’t copyrightable, you can add links to your Web site. Caution! If a list of links is compiled in an original manner, then compilation copyright prohibits you from copying it in its entirety. You may, however, copy several individual links from the list.

A copyright notice contains:

1. The copyright symbol
(the letter “C” in a circle), the word “Copyright,” or the abbreviation “Copr.”

2. The year of publication.

3. Your name or the name of the copyright holder.

Material in the public domain
Anyone can freely use for any purpose material published before 1923—if the copyright hasn’t been renewed.

U.S. government documents
You may copy these without violating copyright laws.

Works with no original authorship
Feel free to borrow calendars and lists or tables from public documents.

Facts and ideas
You can use a fact or an idea but not the exact words.

Short phrases
You may copy these, although copyright laws don’t define “short.”

Titles and slogans
Titles and slogans may be registered as trademarks, so be careful about using them without attribution or permission.

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FAIR USE

What is fair use?

The fair use guidelines of the U.S. Copyright Act describe the factors that determine what copyrighted material you can copy or quote without the permission of the copyright holder. For journalists, this is important because it allows you to cite information from books, magazines, movies, and virtually any other form of copyrighted material.

What four factors determine fair use?

1. The purpose of the use. Nonprofit educational uses (criticism, commentary, reporting, teaching, and research) are favored over commercial uses.
2. The nature of the copyrighted work. Works of fantasy, artistic creation, and fiction have a broader scope of protection than factual works.
3. The amount to be copied. The copyright law doesn’t specify amounts, but a small portion of the work is usually deemed more fair use than an entire article.
4. The effect copying will have on the market for the original work. Your use shouldn’t harm the commercial value of the work—in the sense that people no longer need to buy it. If you copy an entire article, for example, you may be depriving the author of royalties. That’s probably not considered fair use.

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HOW TO COPYRIGHT AN ONLINE STORY

I just wrote an online story. How do I copyright it?

Good news. You already have. All information published on the Web, including your own site, an online story, and e-mail, is automatically the copyrighted property of the creator. If you use the Web to interview sources and conduct research, you need the permission of the creator of any Internet resources you use.

I wrote a short story and sold a Web site the right to publish it online. May I also sell to a film studio the right to make a movie based on my story?

Sure. Think of rights protected by copyright as a bunch of sticks. You may sell one stick (the right to publish your story online) to one person or company and another stick (the right to make a movie based on your story) to another person or company. The buyer may sell the right(s) to a third person, the author can’t present this sale unless the author has a contractual right to do so. (Think of this like selling your car. The buyer can sell it to someone else without your permission.)

Do I need to post a copyright notice in my online story?

Although everything published on the Internet is copyrighted, it’s still a good idea to use the copyright notice so readers will think twice before copying your material. Also, if you include a copyright notice and sue someone for infringement, the defendant can’t claim to be unaware that this act constituted infringement—the so-called “innocent infringement” defense.

Do I need to include “All Rights Reserved” in my copyright notice?

Some countries used to require this phrase, but it’s no longer needed.

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THINGS YOU MIGHT NOT KNOW ABOUT COPYRIGHT

Must a publisher obtain permission before posting my story on the Internet, on CD-ROMs or in electronic databases?

Yes. On June 25, 2001, the U.S. Supreme Court ruled that publishers need your permission. This also applies to freelance photographers and artists who produced work for print publications that was later distributed digitally without permission.

Can I scan photos from a magazine and use them to illustrate my online story?

Sorry. Photos as well as words are protected by copyright.

Can I use a quote from a discussion board or e-mail in a story?

E-mail and postings on discussion boards are copyrighted. They’re rarely intended for publication without the author’s permission, so the ethical thing to do is ask for permission.

Can I e-mail a copy of an online story to a friend?

Be careful. Unless a Web site states that you can distribute its information freely, you’re probably violating copyright. Almost all media sites have a copyright notice, but even if they don’t, they’re protected by copyright laws. If you want to e-mail someone an online story, it’s safer to send the Web address instead.

Is it a copyright violation to copy a Web page onto my site?

Even if it’s for educational purposes, you could be violating copyright. Generally, it’s safer to provide links that take readers to other Web sites. If someone objects to a link to their site, however, you should remove the link.

What if I make up a story based on someone else’s work?

Be careful. A derivative work based on another copyrighted work belongs to the original creator. If your story uses settings or characters from someone else’s work, you need permission from that person. There’s one exception: parody. You may, for example, make fun of Buffie from Buffie the Vampire Slayer without obtaining permission.

I created a Web site claiming that Princess Diana was murdered by Osama bin Laden’s operatives. Can I prevent a Hollywood studio from making a motion pictured based on my idea?

Copyright protects the original ideas on your Web site, but you can’t prevent a Hollywood studio from making a motion picture based on your idea.

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MORE ABOUT COPYRIGHT

Copyright and Fair Use
This Stanford University Libraries site includes links to U.S. laws, international treaties, and judicial opinions about copyright.

Copyright Management Center
Indiana University and Purdue University Indianapolis provide detailed information about U.S. and international copyright issues.

Crash Course in Copyright
The University of Texas offers a crash course in copyright, including how to clear rights for multimedia works.

Copyright and Intellectual Property Law
This site provides examples of recent copyright laws and cases in different fields.

Copyright Web Site
Though this site can be confusing to navigate, it has useful content on Web design, copyright implications for Usenet news groups, and how to protect your Web site on the electronic frontier.

Digital Future Coalition
A broad-based group of organizations, including the National Writers Union, keeps up to date on the status of copyright legislation.

Electronic Frontier Foundation
This membership advocacy group focuses on protecting rights and promoting freedom in the digital age.

Nolo Law for All
Nolo Press, which publishes accurate and understandable books on law, delves into copyright basics, changes in copyright law, fair use, and copyright registration and enforcement.

10 Big Myths About Copyright Explained
Brad Templeton, chairman of the board of the Electronic Frontier Foundation (see above), debunks such ideas as “If it’s posted to Usenet, it’s in the public domain.”

Union for the Public Domain
This nonprofit citizens’ group offers information about intellectual property issues and archives of e-mail discussion lists.

U.S. Copyright Office
This is the official source for application forms to register a
copyright, links to the copyright law and the home pages of other copyright-related groups, the latest regulations, and much more.