Copyright in general – what is it?
Before we take an in-depth look at online copyright, it may be a good idea to explore how it operates in other media formats and at the way it is defined. Copyright is the mechanism by which society allows individuals to control the use and distribution of original works and expressed ideas. It does so by preventing other people making use of the work without the copyright holder’s explicit permission. It’s important to note that copyright protects the expression of an idea or work, but not the idea itself.
In order to be able to be copyrighted, a work or idea must meet the following criteria;
• It has to be original. It cannot have been expressed in a similar way before.• It must be committed to a fixed form, eg. written. An idea or work cannot be copyrighted if it exists only as a thought – it must be expressed in a recognisable manner.Not all the issues surrounding copyright are clear cut, that’s why there’s often considerable litigation required to resolve questions of intellectual property. For instance, there could be a considerable amount of debate surrounding the definition of an “original” idea.
What can be copyrighted?
- Literary, artistic, dramatic and musical works – while this includes everything that you would expect, including books, poems, dance and mime, it also includes some unexpected works. For instance, databases, computer programs and learning resources.
- Films, sound recordings and broadcasts – this covers other types of visual and auditory media.
- Published editions of works – the way a specific text is arranged typographically in a publication is covered by copyright law.
Having briefly explored what can be copyrighted, it might be worth taking a look at what isn’t covered by copyright.
Copyright does not extend to names, titles, slogans, methods, mathematical equations, commonly known information, or a particular style or fashion.
What rights does online copyright afford the owner?
A copyrighted idea or work is protected from misuse by other 3rd parties, but copyright is also proactive in the sense that it allows the owner to;• Copy the idea or work.• Create and distribute copies of the idea or work.• Rent out or lend the idea or work.• Perform, display or play the idea or work.• Make an adaptation of the idea or work.The reason for copyright is generally considered to be that it allows an individual or organisation to benefit from their creation, without others interfering. The above rights are the main ways in which someone could benefit from their work. However, an individual doesn’t need to benefit from their creation for the copyright to continue to apply. For instance, an author does not need to continue publishing their book for copyright to still function.
How long does copyright last for?
However, broadly speaking copyright duration is as follows;
• For literary, artistic, dramatic and musical works, copyright extends for a further 70 years after the end of the calendar year in which the author dies.• For sound recordings, copyright runs for a further 70 years after the end of the calendar year in which the recording is made.• For film, copyright extends for a further 70 years after the end of the calendar year in which the last surviving member of key staff dies. Key staff is taken to include the principal director, the authors of the screenplay and dialogue, or the composer of music.• For broadcasts, copyright extends for 50 years after the end of the calendar year in which it was first broadcast.• For typographical arrangements, copyright runs for a further 25 years after the end of the calendar year in which the first edition is published.
The online copyright situation at present
The copying of online content across the web is rife and has been since the early days of the internet. This is in large part due to the ease with which content can be stolen – all that is needed is a few clicks to copy it from one site to your own.Another reason for this proliferation is that there is a widespread misconception that copyright does not apply to online works. This is far from the truth. However, even more importantly, a major contributor to online copyright infringement is the way in which such copyrights rarely seem to be enforced. In some ways, the anonymity provided by the internet has resulted in a ‘wild west’ situation, where many people will ignore the law as long as they’re confident they won’t be punished.
Why your online content needs protecting
If someone copies your content, there are a number of direct consequences that can prove detrimental to business:
• Brand dilution – Your content will not work as hard for your brand if there are exact copies of it elsewhere on your competitors’ sites. Even though you are the originator of the content, you will likely be seen as having the same content as every other website.• Duplicate content penalties – Again, the search engines are often unable to determine the original creator of the content. If there are multiple copies of your content across the internet, you may find that your own content is not indexed, effectively rendering it invisible. This is incredibly important in the context of SEO and ensuring your services reach their intended audience.
Online copyright – The facts
As we stated earlier, the idea that copyright doesn’t apply to online works in the same way as it does printed works is a misconception. Just as with a magazine article, a book, or a poem, copyright is automatically assigned to the creator of the content upon its inception. Though putting up copyright notices on your content does serve a purpose, it is by no means required. To further clarify for content creators and anyone thinking about lifting content from another website:
Copyright is assigned to all online content upon its creation, whether a copyright symbol or notice is displayed or not.
The only exception to the content creator being assigned the copyright is when they have entered into a web copywriting agreement with a client for whom they are a ‘ghost writer’. This is in fact the case for much online content, as most companies with an online presence use either in-house copywriters, freelance web copywriters, or a copywriting agency to produce the textual content for their websites. In such cases, the writer typically hands over the rights to to the work to their employer.
How to detect unauthorised use of your content
Enforcing your copyright
Once you’ve located copies of your content online you can take the necessary steps to get it removed. The best way to do this is to get in touch with the owner of the offending website, inform them that they are in breach of copyright law and ask them to remove it. This will usually be enough to get the content removed, but if not then you are within your rights to pursue legal action against the offender.To reach the owner of a particular website you can usually find details on their contact page. However, if these are not present then you should be able to find them by doing a ‘whois’ search. This allows you to look up the person who registered a particular domain or website, giving you some idea of who may be behind the infringement. Once legal action has begun, a number of results are possible;• Compensation for the infringement – this is often calculated in the form of ‘loss of earnings.’• An injunction to prevent future infringement.• Delivery, destruction, or removal of the infringing content.
Hi Derryk,
Thanks for sharing.
Copyright really is something everyone online should be aware of.
As our website design company is growing, we would definitely need a copywriting service from someone trusted 🙂 Will get in touch to you soon!
Cheers!
Please do! We’d love to hear from you.