Copyright: Overview and Adherence
So now that I have a website up, I can start copying images and posting them to my website right? Wrong. The web is a powerful tool, both for information and comerce and the United States Copyright Act applys to it just as it would apply to a published, material piece of work. There are five main rights to the Copyright Act.
- The right to reproduce the copyrighted work
- The right to prepare derviative works based upon the work
- The right to distribute copies of the work to the public
- The right to display the copyrighted work publicly
The right to reproduce the copyrighted work:
This right is held by the owner of the copyright, and they exclusivly hold the right to reproduce what ever it is that they own. Considering webpages, this could be code or images. It doesnt matter if it is the entire work, or if it is only a portion, it will still be conisidered an infringment on the copyright and is punishable by law.
The right to Prepare Derivative Works
A derivative work, as quoted by bitlaw.com is "a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted." So what does that mean? Take for example I wanted to build a Email server with a friendly user interface and made it alot like Google's Gmail accounts. I could be held liable to legal action for copyright invringment. In other words, do copycat, try to make your work original.
The Right to Distribute Copies of the Work to the Public
Basically what this says is that the owner of the work, say a book, has the right to sell the work however and to whom ever for what ever he or she decides. After that first sale, the owner has no say, except in cetain aspects such as music and rental of software. So how does this apply to the web industry? Depends on what you are selling online. It could be software, it could be web templates, books, whatever. Just make sure that as an owner of the website, you have the right to sell it if you so desire, and after that, you no longer hold claim to that site.
The Right to Perform the Work Publicly
In short, this part of the act states that if you own it, you have the right to show it to the public. If youd dont own it, you dont have the right to show it publicly, you must first obtain rights and then show it. However if you dont own the rights to it and you are using it for a private use it is ok. So, in relation to webpages, since I own the rights to this code, I can show it whenever and where ever. If someone else shows it, as long as they acknowledge me as the creator, I am fine with it.
The Right to Public Display
This right is just like the right to perform, only instead of showing a piece, this would fit more for a painting, sketch, comic, and so on. In web design, someone may really like your idea and try to jack it to their own website and display it as their own work. You are entitled to protection from such blatant offenders through this act. Isnt that Nice.
Personal Adherence
I have adhered to the copyright act as best I know how. The images that are on my website were either made by my own hands and computers, or copied from websites where the images belonged to the public. The literary work that is soon to to be sampled on my website is also my own, and in no way is does represent any character, individual or otherwise uncanny similarity that is in the world. My work that is to be posted is strictly fiction and has no real claim to anyone or any individual. In otherwords, the art that you see, whether of stroke and paint, or pen and key, is owned by me. Any redistribution of said work without my consent will result in legal action. When my work is published, I will have a purchase section on my website, and more copyright terms, user agreements, and items concerning cookies, financial information, and other things will follow.
I would strongly advise that you, as a visitor to my site, take heed to the copyright laws and regulations of the United States of America, and follow them. work of the arts, whether it is a speech, a painting, a book, dance, music, or sculpting takes years and years to perfect to the point of profesional quality (and in some instances not so great of quality) before it hits the market. Any artwork represents blood, sweat, tears, heartache and sorrow. And when a publisher takes the art and shows intrest in it, there is joy beyond description, to the point of tears. So please, dont copy stuff and say its yours. Its immoral, mean and hurtful to those of us who have strived for perfection in our art.Plus if your caught it will lead to lawsuits and lawyers and court time, which is never fun.
