Copyright and Your Website
Copyrighted Material and
Your Website
Over the years I have had several conversations with clients
about using photos they found on the internet for their websites. The conversation goes something like
this:
Client – “I have this really cool picture of the lake and I
want to use it on my website!”
Me – “Did you take the photo yourself?”
Client – “No, I found it online and I thought if it was on
the web, I can use it.”
Copyright
infringement is no minor matter and can cost you money.
Images or other material that you don’t own cannot be used
without the explicit permission of the person or business that created the material. If you do use images or other material
without express permission, you open your business (and yourself) to
potentially devastating legal action.
For photos or other images, copyright attaches as soon as the original
work is created. The author is not required to file special paperwork. If you do infringe on someone’s copyright,
the person who created the material can seek monetary compensation for each
infringement. This can lead to THOUSANDS
of dollars in compensation. If you are ever unsure if you can use a piece of
content or an image, you should consult your attorney. I am not an attorney, so
I don’t give legal advice. Instead, I tell our client this: if you didn’t take the photo, purchase the
photo (with rights to publish), or write the content yourself, do not use it on
your website.
How do I get permission
if I want to use someone else’s material?
If there is an image that you want to use on your website,
you can contact the person who created the image and ask for permission to use
it. Typically, they will want to know
what you will do with it, how they will benefit from your use, or they will ask
you for a fee to use it. If someone does give you permission to use their
images or content, be sure to get it in writing and keep it on file.
Another great way to find material for your website is to
use a “Royalty Free” image service. A
nice library can be found at www.istockphoto.com. You can setup an account, browse images (very
easy to do), and then when you find a photo you like, you pay a small fee for
the right to use it. There are several
other libraries out there, as well. NOTE: Be sure to read the terms of use and
the license information. When you
purchase the image, you agree to be bound to these terms … and they do come
after you if you violate the terms of the use or license agreement.
What is Copyright
Fair Use?
Copyright Fair Use is an exception to the exclusive right
granted by copyright law. It allows you
to use in a limited manner, copyright material without acquiring permission in
situations such as commentary, search engines, criticism, news reporting,
research, teaching and a few other situations.
Do a Google search for “Copyright Fair Use” if you want more information,
or contact your attorney.
Take a moment to review your website and ensure you are not
using material that is copyrighted. Companies
DO look for websites who infringe on their copyrighted material, and they do
often pursue financial claims against offenders. It’s definitely not worth the
risk.
Bottom Line, Be Safe
… If it is not yours to use, don’t use it.
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Interactive Designs
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Blog: http://put-the-web-to-work.blogspot.com
Mike Waggett, MSW Interactive Designs LLC ~ We put the web
to work for you!
573-552-8403
573-552-8403
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