by Arizona Kate

There are laws which grant the creator of intellectual property the exclusive right to display their work publicly.....these laws are generally referred to as copyright protection. Copyright protection applies to cartoons, photographs, web graphics, html and scripting, poetry, short stories, novels, tutorials, films, music, sculpture.....almost any tangible expression of creative thinking. You may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, translate, create derivative works from, transfer or sell any information or content that has copyright protection.

Almost every country has some form of copyright protection law. Violation of these laws is called copyright infringement. Those convicted of committing copyright infringement can be faced with large fines and, in serious cases, imprisonment. Property who's copyright has expired or has voluntarily been abandoned is known to be in the public domain.

A lot of discussion occurs concerning copyrights on the web and a lot of confusion persists! How do you know what is copyrighted and what isn't? I'm going to try to shed some light on this subject by answering some of the most Frequently Asked Questions. Please keep in mind, I am not a copyright attorney...this discussion expresses my personal opinion only. If you have a serious issue that needs resolving, please consult a copyright attorney. Otherwise, send any questions you may have to the newsletter and we'll try to answer in the next issue.

Most of these FAQ will refer to graphics and images because that is the most visible problem area, but copyright laws apply to text, music, and other creative work as well.

Let's start by answering that first question....

How do you know what is copyrighted and what isn't?

Everything you see on the web probably IS copyrighted by someone. Always assume you do NOT have the right to copy that image, graphic, music, text or code from a website. If you're uncertain, you can always email the webmaster. I don't think anybody would ever be offended if you emailed them to ask permission to use something from their website. They may or may not give permission, but they'll appreciate being asked....and you'll feel better about it too!

Once something is published on a web page, it becomes public domain, doesn't it?

Incorrect! Quite the opposite. The act of publishing creates the copyright by intent! To quote from "What is Copyright Protection?" http://whatiscopyright.org/.

"Copyright protection begins when any.....work is actually created and fixed in a tangible form."....''if you can see it, hear it and/or touch it - it may be protected."...."Registering a copyright is just taking the protection a step further."

What about all those "free clip art" sites, aren't they offering graphics that are public domain?

Some are, most aren't, and some collections contain a lot of stolen clip art! If all images in a clip art collection are public domain, it will say something like "copyright free" in their terms of use. However, most graphic artists on the web offer what's known as "linkware." Usually it is clearly stated on the website that graphics are free for personal use in exchange for a link back to the authors website.

What do you mean when you say that graphics collections can contain stolen clip art and how does that effect me?

There are many "free graphics" sites on the web that have built a clip art collection by taking images off other people's websites. Quite often this is done without the artists permission and in direct violation of the terms of use. If you're not sure if a website has the right to distribute the clip art in their collection, then either go somewhere else or write them and ask them if they own the copyright or have purchased a license to distribute the clip art! Using an image without permission is theft. Re-using the stolen image makes you an accessory to theft.

When I download an image from one of these clip art collections, I can then do whatever I want with it, right? As long as I give a link back to the website.

That depends on the artists terms and conditions. These can vary greatly, so please read each artist/author's terms of use before downloading any graphics. By giving permission to use, the artist has granted what's known as a limited license or a non-exclusive license. That means you have permission to use the copyrighted image within acceptable "limits." The artist retains all copyrights! Most terms of use specify that permission is given for personal use only, that images may not be altered, sold, placed in clip art collections, and similar restrictions. Terms will also include instructions for displaying credits and linking back to the artist's website.

Why should I bother with the link back?

Many search engines judge the popularity of a website by the number of links to it. The more links, the higher the ranking a website will get in search results. Higher ranking=more traffic. Sometimes that is the only payment an artist receives in exchange for letting you use their creative work. It costs you nothing, so why not? Be kind to those websites that give free downloads. If you don't, these sites will disappear from the web!! I personally know many artists who have abandoned the idea of offering free graphics because of overwhelming copyright infringement.

There's millions of websites, how will anybody ever find out if I link to or copy their clip art?

Don't be fooled into thinking you won't be found out. You are never completely anonymous on the internet. Every time a file is called from a server, it is recorded in a log file. Quite a few artists and corporations (such as Disney) are serious about searching for illegal use of their copyrighted images.

I keep hearing about bandwidth theft. Is that a copyright issue?

Not exactly. They are both very common, and very misunderstood, forms of theft on the web. Bandwidth theft can become connected to copyright infringement when the thief links to a photo or graphic on someone else's website. By means of a link they are using a copyrighted image without permission (aka theft) AND they are stealing bandwidth from that website. What do you mean "stealing" bandwidth....how can I be stealing when all I have is a link to a photo?

This could take a whole page to explain! Novices and people who don't pay for their own webspace are usually ignorant about how expensive bandwidth theft can be! Simply put, the website with the photo is paying a web host for a certain amount of webspace and a certain amount of bandwidth usage. Every hit on that photo counts against HIS usage. If he goes over his limit he's charged some high fees for excessive use (or website is shut down!!). Every time a web browser accesses that photo...and it doesn't matter whether the web browser is accessing the photo from the thief's website or from the original website...it still counts and the original site is paying for it! How would you like it if your neighbor snuck in your house and hooked his computer up to your phone lines so he could get internet access. You're already paying an ISP, so it's not going to cost you anything extra... is it? If you're paying for internet time by the minute it certainly is!! Well, the owner of that website your taking the image from is in a similar situation, except he is "paying by the hit." What if you want to go online, and the line is busy because of your neighbors use? The example website might have a similar situation. Visitors to his site might not be able to get access because of too much traffic (from the sites linking to his photos)!!

Yeah, but does anybody ever REALLY prosecute this stuff online?

They certainly do. One interesting and somewhat entertaining case occurred in 2000 when Microsoft started using the name "Digital Diva" in reference to their consumer technology ambassador. An online organization called "Digital Divas," through use and publication of that name on their website, had prior rights to the name and sued giant Microsoft. They won! They like to call the case "Diva & Goliath." You can read about it here http://www.digitaldivas.com/gol/index.htm.

Next issue we'll discuss FAQ about copyrights for tutorial writers, methods used online to prevent unauthorized downloads, and ways to keep track of the source of your files.

Read the information at What is Copyright Protection? (http://whatiscopyright.org/) and send in your questions!!

Arizona_Kate, in her own words, is "a CFC club member and graphic artist....but NOT a copyright attorney...and not pretending to be one!!!!" She is also founder or co-founder in Homestead Dot Com (Club), Dollhouse Miniatures (Club), and Copyrights Online (Unlisted, Club). You can check out her homepage at http://arizonakate.com

Other Articles This Issue:

Article: Cleaning Your Computer by NOWAYWINS and AngelPie_Mouse

Article: Are email hoax's harmless? by David Emery (and other material from the archives of NOWAYWINS)

	V02;I02 -- Page One
	V02;I02 -- Page Two
	Newsletter Page
	Main Page

You are visitor to this page.

This page and most of the graphics appearing on it were created by

exclusively for The Club Founders' Yahoo! Chat Club.
It is best viewed on a 800x600 screen set for True Color
with or and
is hosted by . Get them NOW!