Getting Permission to Publish: Ten Tips for Webmasters
Think you can use someone else's work on your website without a licensing agreement? Think again.
The Internet has made it possible for anyone with a computer and modem to become a Web publisher. But, 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 you want to use someone else's work on your website.
1. Assume Others' Work Is Protected
It is wise to operate under the assumption all material is protected by either copyright or trademark law unless you have good reason to know that it is not.
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. Uses like this are likely to bring record companies knocking.
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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.
Similarly, 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. If your use of a trademark is likely to confuse customers as to the origin of the products or service you offer, then chances are it would be an infringement. But, even if customers aren't likely to be confused -- such as using the name McDonald's for your tax preparation service -- owners of famous trademarks often guard their trademarks aggressively, so it's best to play it safe and not use the trademark.
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