ITSS WebDev Guide
Copyright Issues, the Web and You
Copyright Concepts
The intangible nature of a copyright is largely why people are not aware of any abuse. A copyright protects intellectual property which comes from the gooey gray mass in the skull. It's not a car, a house or a boat. It's not a TV, stereo or VCR.
Copyright is intangible, but at the same time property. Property is a car, a house or a boat. Property is a TV, stereo or VCR. If you would like, please take a look at the Copyright Law of the United States.
Even though copyright is intangible, it is also very real - and very protected by law. This means a "copyright violation" is breaking the law. Someone's property has been stolen.
Why do People Steal?
Hey! UMD has Colleges and Schools that examine this stuff. I just want to look at what constitutes "fair use" of a copyright.
Fair Use
Fair use is a concept that is unique to the United States. The Constitution grants to Congress the power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;" (U.S. Constitution, Article I, Section 8). Fair use limits "exclusive right" in Title 17, Chapter 1, Section 107 of the United States Code. Many people think "fair use" means "any use." This is incorrect; however, fair use does allow for a lot to happen.
Fair use also opens the door to a huge area of gray. This is the problem. Everyone wants one easy answer as to what constitutes fair use, but fair use is determined on a case by case basis. No one easy answer exists. Many worksheets are available to help determine if what you are doing is considered fair use, but no guarantees are implied.
How is Fair Use Determined?
The limitation put on exclusive rights of copyright ownership gives four guidelines to be considered equally:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
This is the gray area. How one person interprets these four guidelines is often different from the next person. Even if you can get two people to agree on the interpretation a court may find differently. Welcome to fair use!
How can I safely use Other People's Works?
You can always ask for permission. Since this is not as much fun as sneaking around and "grabbing" somebody's work, nor is there any guarantee permission will be granted (or freely - as in no money - granted), some alternatives need to be sought.
Public Domain sources and individuals who allow their work to be used freely are a good place to start. Much of this is available all over the Web (e.g., Creative Commons). Sometimes these sources don't have what you're looking for. What to do then?
You could always create your own original content, or you could pay for a library of material that may be used (read the fine print before you buy as some limitations on use may exist). You can hire a person to create work for you under a work for hire arrangement. In a "work for hire" arrangement, you become the copyright owner.
At this point, you can see why so many people would rather just "grab" the work they want to use. Please remember to substitute the word "steal" for "grab."