One of the "flaws" or "downfalls" of the Web is that it makes it easy for
someone to "borrow" your work. It's a simple process to copy and paste
text or JavaScript code, or to download images directly from your site.
BUT, you've got the law on your side. Copyrights also apply to the
Internet. Some think that just because it's on the web, it's free for the
taking, but the truth is - it isn't - it's a crime, just as stealing bandwidth.
The Myths
Myth: If it doesn't have a copyright notice, it's free to use.
Truth: It was at one time; however, most countries abide by the Berne
copyright convention. Original works created after 1989 are copyright
protected
whether a notice is provided or not; and applies to web sites as
well. Once published, the web site has copyright protection under the
law.
Myth: If I make up my own story based on someone else's
story, the new story copyrights belong to me. Truth: These are called
derivative works. If you write a story using settings or characters
from someone else's work, you need that author's permission. Another
example of a copyright violation is to "reprint' Dr. Zeus's "The Grinch that
Stole Christmas" for your Christmas site. You need the written
permission from the publisher to do so.
Myth: Copyright violation isn't a serious offense. Truth:
Fine's for copyright violation can run from between $2,500 to $10,000 for
each violation.
Myth: But I'm not charging for it. Truth: Penalties/damages
can be awarded regardless of whether you charge for it or not.
Myth: Copyrights expire after 3 years. Truth: Original
works produced after 1978 are protected during the author's lifetime plus an
additional 70 years after the creator's death; unless of course the creator
has transferred the copyrights to another entity.
But I took my "Disney" (holiday, cartoon images from a "free clipart" site. Not all "free clipart" sites are legal. Only original art that is offered free by it's creator is OK, but you must follow the creator's terms of usage. If they require credit for the image and a link to their site, it must be provided. Regarding Disney or other cartoon images, these images are copyrighted by the original creators and only the original creator or owner of those copyrights are permitted to distribute them as they see fit. If you contain a site where you are giving away Disney images, for example for free (Disney does NOT give permission to anyone to use their images without a license from them), you are in violation of the copyright laws.
Copyright protection is important especially where a person's livelihood is at stake, such as on a small business site such as a professional photographer or painter. However, even personal sites may contain writing, images*, midis and MP3's or programming that also warrant protection.
What constitutes copyright?
Most people don't know that their original work is copyright protected from the moment it's created. No copyright notice or statement is required; but including one does provide notice that you are serious about your rights. Further it makes it difficult for offenders to argue in court that they didn't know the work was protected.
It's also a good idea to register your work with the U.S. Copyright Office. Registration is not necessary for protection, but registered works may be eligible for additional damages and attorneys' fees in the event of successful litigation. A $30.00 filing fee and copies of your work are required for registration. For additional information, see the U.S. Copyright Office web site at http://www.loc.gov/copyright.
The Copyright Notice
Your copyright notice should include the copyright symbol © on each page containing any original content you wish to protect. The one-line notice should also include the first year of publication of the materials (a span of years is allowed fir work published over a period of years), and the copyright owner's name.
If you wish to get really technical, create a hyperlink to a "Copyright Notice" page. On this page you can add the following:
A repetition of the copyright notice used on other pages
A statement that "all material" (or sometimes a list of specific types of material), is protected under U.S. Copyright law.
Notice of any uses prohibited, such as commercial use in whole or in part.
Terms of authorized use of material, including prior written approval, and/or inclusion wherever the material is used of the copyright holder's name and contact information. You may also set a limit on the amount of material that may be used at one time.)
A statement specifying rights held by site contributors
Contact information for those wishing to request use of material or who seek clarification of policies.
Copyright 2002 - 2012
All Rights Reserved - Stormy
Not to be reproduced, published or transmitted electronically in any way without
express written permission.