Using Public Domain and Copyrighted Materials in WebsitesBy Dorothy Cady
The public domain is a collection of knowledge and innovations to which no copyright has been legally established or retained. According to Wikipedia, public domain “…is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes.” Those of us who write and publish can benefit from the use of such public and readily-available information. Yes, we even can use an entire work within our own work, including music and graphics, without violating the law if the work is in the public domain. We writers need to keep in mind, however, that works can sometimes appear to be in the public domain when they are protected by copyright.
For example, it is a common belief that if you find something on the Internet, you can use it without permission. But is it a true belief? The answer is, as you probably suspected, both yes and no. Copyright law does not protect an actual HTML address, so in most cases, you can link to another Website or Web page. However, you risk violating copyright if you imbed the content of that page or a single item from it, such as a picture, into your Web page using the IMG hypertext markup tag. You also risk the wrath of the law if you use a link to a Website in a way that is a libelous, misleading, or framed within your own Web page giving the impression that the original work is yours. (See http://www.oppedahl.com/weblaw/ for more information).
Before using any content in any written materials, whether it is posted to a Website or not, it is always prudent to request permission from the copyright holder for its use. When permission is granted, it may come with restrictions. You must abide by those restrictions because, if you do not, you may be in violation of copyright law.
If you would like additional information about copyright and the Internet, you can read Thomas J. Field, Jr.’s Web page titled, “Copyright on the Internet,” at the following Web address: http://www.fplc.edu/tfield/copynet.htm. (Permission was obtained from Mr. Field for the use of this link. Thank you.)
And of course, if you are unsure, it's always best to seek legal advice, as this post is not intended to provide legal advice and the author is not an attorney.
The public domain is a collection of knowledge and innovations to which no copyright has been legally established or retained. According to Wikipedia, public domain “…is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes.” Those of us who write and publish can benefit from the use of such public and readily-available information. Yes, we even can use an entire work within our own work, including music and graphics, without violating the law if the work is in the public domain. We writers need to keep in mind, however, that works can sometimes appear to be in the public domain when they are protected by copyright.
For example, it is a common belief that if you find something on the Internet, you can use it without permission. But is it a true belief? The answer is, as you probably suspected, both yes and no. Copyright law does not protect an actual HTML address, so in most cases, you can link to another Website or Web page. However, you risk violating copyright if you imbed the content of that page or a single item from it, such as a picture, into your Web page using the IMG hypertext markup tag. You also risk the wrath of the law if you use a link to a Website in a way that is a libelous, misleading, or framed within your own Web page giving the impression that the original work is yours. (See http://www.oppedahl.com/weblaw/ for more information).
Before using any content in any written materials, whether it is posted to a Website or not, it is always prudent to request permission from the copyright holder for its use. When permission is granted, it may come with restrictions. You must abide by those restrictions because, if you do not, you may be in violation of copyright law.
If you would like additional information about copyright and the Internet, you can read Thomas J. Field, Jr.’s Web page titled, “Copyright on the Internet,” at the following Web address: http://www.fplc.edu/tfield/copynet.htm. (Permission was obtained from Mr. Field for the use of this link. Thank you.)
And of course, if you are unsure, it's always best to seek legal advice, as this post is not intended to provide legal advice and the author is not an attorney.
No comments:
Post a Comment