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Getting Permission to Publish: Ten Tips for Webmasters
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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. You may not freely use someone else's work because it lacks a copyright or trademark notice (another fallacy).
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. 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. Do copyright laws apply to these small or personal uses? For example, is permission needed to reproduce a photo taken by a club member, a friend, or a relative? The short answer is: "Legally, yes; practically, maybe." Copyright protection extends to any original work regardless of who created it, and permission is required for any reproduction, display, or distribution of the work.
Getting explicit permission from the copyright owner is the best way to avoid a lawsuit. If the webmaster is confident that the copyright owner has consented to the use, particularly if the copyright owner is a friend or relative, the concern over a lawsuit diminishes, as does the need for a formal written permission agreement. Oral permission is valid, 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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