Getting Permission to Publish: Ten Tips for Website Managers
Don't use someone else's work on your website without first getting permission.
If you want to use someone else's work on your website, you need to get permission from the author or creator of the work. Even though technology has made information more accessible to everyone, copyright and trademark laws still apply to Web publishing, and websites are common targets for infringement lawsuits. Here are some tips that can help you avoid legal trouble when using other's work on your site.
1. Assume Others' Work Is Protected
You may not freely use someone else's work simply because it has been posted on the Internet (a popular fallacy). Whether you find the material online or off, permission is generally needed to reproduce text, artwork, photos, and music. It is wise to operate under the assumption that all material is protected by either copyright or trademark law unless you have good reason to know that it is not.
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Using copyrighted work. As a general rule, any original work -- whether text, visual art, photos, or music -- is protected by copyright law, which means that you may not reproduce it without permission from the copyright owner. Giving credit or thanks to the copyright owner does not change that; you are not allowed to reprint (or distribute, adapt, perform, or sell) the work without the owner's authorization.
Using trademarks. Similarly, if your site sells products or services, permission is often needed to reproduce a trademark, including any word or symbol that identifies and distinguishes a product or service from others -- such as the word "McDonald's," the distinctive yellow arches, or the Ronald McDonald character.
Copyright or trademark infringement. Reproducing someone's copyrighted work or trademark without their permission is known as infringement, and it leaves you vulnerable to lawsuits from the copyright or trademark owner. Lawsuits are even more likely if you stand to make any money off the use, such as posting copyrighted song lyrics on your site to increase traffic and attract advertisers.
For a comprehensive discussion of trademark and copyright law, see Nolo's Copyright and Trademark Resource Centers .
2. Read Click-Wrap Agreements
Many companies offer artwork, photos, and other materials for reuse -- alternately called clip art, royalty-free work, copyright-free work, shareware, or freeware. Do not assume that these materials can be distributed or copied without limitation. To be certain that your intended use is permitted, read the terms and conditions in the "click to accept" agreement or "read me" files that usually accompany such materials.
Example: One company failed to honor the terms of a click-wrap agreement and was found liable for illegally distributing three volumes of software clip art.
3. When In Doubt, Seek Permission
Many webmasters manage personal websites or small organization sites -- for example, a site for a school tennis team. Copyright laws do apply to material used on these small or personal uses -- even if it's just the reproduction of a photo taken by a club member, a friend, or a relative.
Getting explicit permission from the copyright owner is the best way to avoid a lawsuit. However, if you are confident that the copyright owner has consented to the use, particularly if the copyright owner is a friend or relative, oral permission may be fine. Although some sort of written consent (even an email) is preferable because it will be easier to prove if a dispute arises.
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