 |
| In an era
of widespread on-line piracy, there are many questions about
how to:
- Protect your work
from unauthorized (uncompensated) copying, and
- Protect yourself from liability for unauthorized use
of works that are easily available on the Internet.
The Law
Historically, Copyright Law protected authors and their distributors.
Copyright protects original works of authorship including
artistic or literary work (from music and poetry to movies
and computer software) for the life of the creator plus 70
years.
Copyright is a 'bundle of rights' including:
- Reproduction
- Adaptation
- Distribution
- Public performance
- Public display
- Digital performance
of a sound recording
The law is evolving,
but slowly. In 1998, The Digital Millennium Copyright
Act (DCMA) addressed who is liable for copyright infringement
and disabling or circumventing protections of copyrighted
materials. It provides a safe harbor for ISPs (information
service providers) redistributing copyright materials.
Another law called the Uniform Computer Information Transactions
Act (UCITA) which is supported by publishers provides multiple
mechanisms to control the use and further distribution of
materials. UCITA is controversial and has only been
adopted in two states at this point.
Enabling v Blocking Technologies
Technologies are emerging that both enable and block the unauthorized
use of creative content on the Internet.
Sophisticated file-sharing capability (like Napster), together
with broadband communications, make copying and transmitting
digital information easy.
Encryption and content scrambling systems ('CSS') are intended
to block unauthorized use.
Protecting Your Work
- Copying over the
Internet is unstoppable.
- Technology to halt
piracy is expensive and likely to be circumvented.
Use business practices
to protect your work.
- Use copyright notices.
- Clearly state 'All
rights reserved' & 'Penalties for unauthorized use.'
- Register your copyright.
Extensive information
about how to register your copyright is available online
on the Library of Congress web site. Go to www.loc.gov,
click on the Copyright Office section, and you'll have access
to forms and information.
Use Contracts.
Contracts (formal and informal) can be an effective tool to
protect your work and can range from a simple exchange of
emails to a detailed agreement.
In your contract:
- Specify what use
is authorized.
Authorized use can range from extremely limited, one-time
use, to broad, for all media now known or hereafter created.
- Specify terms and
compensation for use and reuse.
Fees can range from one-time fees, to per user, per transaction
or subscription fees. Collecting fees can be difficult,
but the more clear you are about the fees that apply,
the better your chances of getting paid.
Protecting Yourself
What's OK to copy? You don't want to be sued for unauthorized
use of someone else's work.
If you want to use a picture for promotional purposes, how
can you determine if it's OK?
PUBLIC DOMAIN?
Just because a work is posted on the Internet does not mean
it is in the public domain. Works published before
1923 are in the public domain and are free to use.
FAIR USE?
The 'Fair use doctrine' of Copyright Law allows consumers
to make and share limited copies of creative works for purposes
such as educational, noncommercial, for parody or commentary. Unfortunately,
the 'fair use doctrine' is subject to interpretation.
REQUEST PERMISSION?
If in doubt, and your use is important to your business,
request permission. Requesting permission can be a simple email
saying 'requesting permission to use (describe content) for
(purpose).' Sometimes the copyright owner will say OK or request
payment. By requesting permission, at least you'll
know if you have an issue, before you invest in that promotional
piece.
In conclusion, the law is struggling to keep up with the
changing technologies. Legal battles rage in the Music
and Entertainment industries, anti-piracy initiatives proliferate,
and compensation models evolve.
Two things you can count on are:
- Technology will
continue to advance, and
- Legal ambiguity
will continue.
To reduce the risk of
legal problems, stay informed, register your copyright and
use contracts and notices.
Even in the Internet era, the old adage that 'an ounce of
prevention is worth a pound of cure' is still good advice.
Jean D. Sifleet
Attorney & CPA
P.S. Do you know someone who might need my services? If
so, please forward this to their attention or point them to
my Web site (www.smartfast.com) for more information. I
appreciate your referrals.
|
To subscribe, please fill out the form below.
Jean Sifleet, business attorney, CPA and three-time entrepreneur, is pleased to announce the release of her new book, Advantage “IP”: Profit from Your Great Ideas. Visit the Smartfast Bookstore for details, and to order the book. |
|
