How to Get Permission to Publish Your Website Content
The Internet provides us with a plethora of information and allows anyone to publish just about any content. With more and more websites popping up every day, more and more copyright infringement suits are being filed. Website content often leads to copyright infringement lawsuits, because people forget to get permission and fail to follow copyright laws. Protect yourself and your website content by always getting permission from the author or copyright owner of anything you publish that is not your own original material. Follow these guidelines to help you.
- Always Presume Others' Content is Copyrighted
- Familiarize yourself with Click-Wrap Agreements
- Ask Permission
- Know your Website Stats to Calculate Licensing Fees
- Keep your Permission Requests Narrow
- Monitor your Linking, Inlining, and Framing
- Don't Assume Fair Use
- Remove Unauthorized Material Immediately
- Put Disclaimers on your Website
- Familiarize yourself with Clearinghouses and Collectives
Always Presume Others' Content is Copyrighted or Trademarked
A common myth is that once material is published on the web, it is public domain and is not protected by copyright or trademark laws. This is false. Whether it is information, software, pictures, art, video, or music, you should always presume that the material is protected, unless you absolutely know that it is not. This presumption will save you from a slew of potential lawsuits.
Another common myth is that if you cite or give credit to the original author or copyright owner, then you are free to use the content. This is also false. Copyright laws give the owner of the copyright exclusive rights to the material. Using or reproducing someone's copyrighted content without the copyright owner's permission is called "copyright infringement." If the material is copyrighted, you must still get permission from the copyright owner. Otherwise, you expose yourself to the risk of copyright infringement lawsuits, which can lead to you being ordered to seize using the content and even hefty money damages.
Trademark law prohibits the use of certain words or symbols that distinguish products or services from others. Therefore, you must obtain permission to use these trademarks, just like with copyrighted content. This is typically applicable when you sell products or services on your website. If you fail to obtain permission before using trademarks on your website, you are liable for trademark infringement. Lawsuits are even more likely if your website content is meant to make money or advertise.
Familiarize yourself with Click-Wrap Agreements
Many websites contain clipart, such as animations and pictures, for reuse. These items are often called "royalty-free," "copyright-free," "shareware," or "freeware," but do not let those terms fool you. You are only granted permission to use this clipart according to the terms set out in the click-wrap agreement. This agreement is sometimes labeled "click to accept" or "read these terms." People often just click "accept" without reading the terms of this agreement. However, you should be sure to read the click-wrap agreement in its entirety to ensure that you are not using the clipart in any way that violates the agreement. If you do use the material in any way that violates the agreement, the owner of that material could sue you.
Ask Permission
The Internet is full of personal websites, on which the publishers post pictures and content. Copyright and trademark laws still apply to these personal websites, even if the content is pictures taken by a relative or friend. This is why it is best to get permission no matter what. Written consent is best, since tangible agreements make consent easier to prove in court; however, oral permission may be okay in the event the copyright owner is a friend or relative.
Know your Website Stats to Calculate Licensing Fees
Permission to use outside materials when publishing your website content is not free. Licensing fees are required by the copyright owners and can range from $50 to thousands of dollars. These fees are based on a number of things:
- the number of hits on your page,
- the number of visits to your page,
- where the protected material is located on your website (homepage versus archived pages), and
- whether your website is commercial or informational.
You should know your website's statistics before you ask for permission of use, since those numbers will be used to calculate your licensing fees.
Keep your Permission Requests Narrow
Keeping your permission requests narrow will save you money. Only ask permission for the specific use you are intending and nothing more. For example, if all you need are song lyrics in English, do not ask for worldwide rights in all languages. You should also see if you can obtain more than one of the materials you need from just one source, as this too can save you money. Some copyright owners even offer you a lower fee if you pay upfront rather than waiting one to three months.
Monitor your Linking, Inlining, and Framing
Some common methods used to link to other websites are linking, inlining, and framing. These methods carry with them the risk of getting into legal trouble. Take care when using these methods. Below is a brief overview of what to be aware of when using these methods.
- Linking involves including links to other websites from your website. This is normally okay, unless you use deep linking. Deep linking occurs when links are created to bypass a home page and take the user directly to an internal page. Because so many website owners post advertisements and vital information on their homepages, deep linking upsets them; so, try to avoid it.
- Framing is dividing a webpage into sections that display the contents of someone else's website within the sections on your website. Avoid framing others' material without first getting their permission. Courts have started to rule that framing constitutes copyright infringement.
- Inlining, or "mirroring," involves posting a graphic file onto your website from someone else's website. A federal court has ruled that inlining links to thumbnail images constitutes fair use, and is okay. The law is unclear, on the other hand, on whether inlining to full sized images is legal.
Do Not Assume Fair Use
Fair use is a doctrine that permits limited use of protected material without permission from the owner. These limited uses include things like commentary, criticism, news reporting, research, or educating. The problem with just relying on the fair use doctrine is that it is very subjective. If you believe that material you have used on your website constitutes fair use, but the owner of that material disagrees, you will likely have to settle the dispute in court. Courts are divided on what definitively constitutes fair use; so, it is best to just avoid winding up in court, by always getting written permission from the material's owner.
Remove Unauthorized Material Immediately
Even if you believe that the content on your website is all legal, if someone complains that you are using material without permission, remove it immediately. Courts will look kindly on your attempt to reduce or "contain" the damage. In fact, one law actually states that an Internet service provider can avoid liability completely by following certain steps, like immediately removing the offending material. If you leave the material on your website, despite claims that you are infringing on someone else's right to that material, you may aggravate their claim. This could increase the chances of a ruling against you, resulting in you paying money damages.
Put Disclaimers on your Website
Disclaimers are statements that reject any affiliation with another website, company, association, or retailer. Disclaimers are not a complete protection from infringement, but disclaimers tend to limit damages in court cases. It is wise to include a disclaimer in the content of your website. Your disclaimer does not have to be long or elaborate, but must deny any affiliation with the company or website to which you are referring. For example, if your content includes an advertisement about McDonald's, you should tell your web-viewers that you have no affiliation with McDonald's.
Familiarize yourself with Clearinghouses and Collectives
Clearinghouses and collectives are organizations that license works and grant permission for their members. They are good sources for permission information. It is wise to familiarize yourself with these organizations' websites, so that you can turn to them when obtaining permission to use protected material. Not only are these sources that can grant you permission for use, but you can also find contact information for songwriters, artists, authors, and photographers. Below are a few of these organizations and their websites.
- Song duplications
- National Music Publishers' Association ( www.nmpa.org)
- Musical performances
- BMI ( www.bmi.com )
- ASCAP ( www.ascap.com)
- Written content
- the Copyright Clearinghouse ( www.copyright.com)
- iCopyright ( http://info.icopyright.com )
- Photographs
- Corbis ( www.corbis.com)
- Time, Inc. ( www.thepicturecollection.com )
- istockphoto ( www.istockphoto.com )
- Cartoons and animations
- The Cartoonbank ( www.cartoonbank.com)
- Famous art
- Art Resource ( www.artres.com )