The best way to avoid a copyright problem is to secure written permission to use the work from the copyright holder. Since copyright guards against unauthorized use, once the author consents to your use of a creative work -- article, photo, poem, etc.-- you are not violating the copyright. It's important, however, to secure the appropriate permission. An author who consents to a teacher photocopying from his manuscript for a class does not consent to the teacher's posting the work on the Internet, unless the agreement expressly includes that permission.

Because the potential for copyright violation is so great on the Internet, in 1998, Congress passed the Digital Millennium Copyright Act (DMCA) to clarify certain issues. The DMCA limits the liability of Internet service providers for copyright infringement on the part of their customers. But it also created prohibitions aimed at punishing persons who remove or alter copyright protections.

Conclusion

The tremendous amount of copyrighted material available on the Internet, and the ease with which it is copied and transferred, creates numerous ways to violate copyright laws. Just because many people violate those laws, knowingly or unknowingly, however, does not make the violation disappear. Publishers of text, photographs and software are moving swiftly to protect rights they feel are threatened by the Internet. Internet users must be careful not to violate the protected rights of others. Although much individual use of material may constitute fair use, displaying or transmitting copyrighted works without permission is typically unlawful. Persons with copyright questions involving the Internet should seek permission to use copyrighted works, or consult an experienced attorney.