Re: [eternalcafe] RE: astro.com - redux: online copyright myths OR Possunt quia posse videntur (NPC)

["PageRox" <PageRox93>]

Thanks, Dennis--I know I already answered this, but I wanted to say that this
is a good guide for those who seek to use images, etc, on their sites, blogs,
etc--but what about just dling an image for private use? Is that governed by
the same laws? I mean, dling a Patti pic to look at or have as a desktop
wallpaper?
I hope not!

I've not got a website, and I am smart enough to know about posting someone
elses' pix anywhere, but I do thank you for this as my teenage son needs to
know these laws! He has no website, but belongs to many posting groups that
use avatars. I've fwded your message to him so he'll know just what NOT to
do!

XO-Glenna
  ----- Original Message -----
  From: Dennis Moore
  To: babel-list ; Eternalcafe

  7 Online Copyright Myths
  By Judith Kallos

  Possunt quia posse videntur ~
  (Latin: They can because they think they can.)

  One of the most misunderstood issues online has to do with
  copyright. Both with e-mail and Web site copyright issues. For
  some reason, as with many things online, there is this incorrect
  perception that anything goes. However, many are finding out the
  hard way that when it comes to protecting creative collateral,
  copyright is law. And, copyright laws can and are being
  enforced online.

  No, I am not an attorney. Nor do I play one on T.V. But I can
  help you avoid potential problems based on guiding clients for
  over a decade. Hopefully, this effort will help others from
  finding out the hard way that copyright is alive and well
  online.

  1) "I can right click, save anything online and use it how I
     wish."

  This is a perfect example of just because you can doesn't mean
  you do! Those graphics or files were created by someone out
  there. They legally attained the copyright upon that file's
  creation. Without their specific permission to use that file or
  graphic, you have no right to just take it and use it as you
  please. Always ask a site owner before you illegally swipe
  anything off their site.

  2) "As long as I note the author's name, I can use their site's
  content on my site."

  Although you are being nice and giving credit where credit is
  due, you still need to ask the author's permission to post their
  work on your site. The author may not want their information
  posted anywhere off their own site or they many not approve of
  your site as a venue for their information - that is their choice
  to make not yours. Always ask a site owner if you can use their
  content before you put it on your site.

  3) "I can link to graphics on other sites so that they display on
  my site."

  O.K., maybe you didn't actually download the graphic and put it
  on your server, but if you are displaying someone else's work on
  your site without their permission the bottom line is still the
  same. And, you are using their server's resources to display
  something on your site. Shame on you!

  4) "I can display pages from other's Web sites within frames
  on my site."

  Many site owners prohibit their site pages from being framed
  within another site because it gives the impression that the
  other site created the information. Many times folks innocently
  do this so they don't have to send site visitors off their site
  for information they want to provide. Others do so to precisely
  give the impression it is content they created. A better option
  is to link to the information you like and create a new window
  to open when doing so to ensure your site is still available to
  your site visitors.

  5) "If I only quote a portion of another site's content and link
  to them I do not need their permission."

  Again, it would behoove you to have permission to do so. Using
  only portions allows you to possibly give the wrong impression
  about the author's overall content and this can be misleading at
  best. If you want to quote any written work in whole or part you
  need to ask permission to do so.

  6) "If I pay someone to create graphics for my Web site, I
  own the copyright to those graphics."

  Not necessarily. Unless your agreement with the graphic artist
  explicitly states that upon your payment all of their rights are
  then transferred to you, you most likely only have exclusive
  license to use those graphics. And to purchase the full
  copyright will cost you a bunch more than simple exclusivity!

  Understand that the moment anything is created whether it be
  written or drawn, the creator owns the copyright, -that's the
  law. Over the years I've had clients claim they own copyright
  just because they paid me to create this or that. It simply,
  legally, is not the case (and my contract(s) clearly state
  this - including their option to purchase my copyright if they
  so choose).

  Copyright can only be transferred in a written legally binding
  agreement signed by the creator of the work stating they are
  transferring their rights to you. Saying you own it because you
  paid for it doesn't make it legal fact. If you do not have a
  written agreement specifically transferring the copyright to
  you, you do not own the copyright to those graphics.

  7) "E-mail is not copyright protected once it is sent."

  E-mail is a written work that once created is copyright protected
  by the author. This means you cannot post publicly an e-mail
  sent to you privately. You cannot post private e-mails to your
  site, to message boards or to your blog without the author's
  specific permission to do so.

  Just because an e-mail was sent to you as a private communication
  does not mean you then own it and can do with it what you like.
  In addition, e-mail that is posted to a group of people, on a
  mailing list or Newsgroup does not make the e-mail available for
  reposting, copying, or any other use - not without the express
  and written consent of the writer.

  What's the bottom line with online copyright?

  Courtesy! Don't assume that you can use, repost or take anything
  you find online simply because you can. Be a courteous Netizen
  and always ask first!

  You might be interested to find a DMCA (Digital Millennium
  Copyright Act) page and policy statement on your ISP and hosting
  provider's Web sites to handle complaints and reports of the
  above types of copyright abuse. Take some time to read that
  information and make yourself aware of your rights and make sure
  you do not infringe on others. The main resource for all the
  legal mumbo jumbo on online copyright and the DMCA is on the
  Government's site at http://www.copyright.gov .

  Again, I am not an attorney nor am I providing legal advice. I
  hope I've informed you of some of the issues that need to be
  seriously considered by all who are online whether they are
  creating their own or using others creative or written works.

  ================================================================
  Judith Kallos is an authoritative and good-humored Technology
  Muse. Check out her new book: "Because Netiquette Matters! Your
  Comprehensive Reference Guide to E-mail Etiquette and Proper
  Technology Use" at: http://www.BecauseNetiquetteMatters.com
  ================================================================

  Copyright C 2004 Jayde Online, Inc.  All Rights Reserved.
  SiteProNews is a registered service mark of Jayde Online, Inc.






-----------------------------------------------------------------------------
-
  YAHOO! GROUPS LINKS

    a..  Visit your group "eternalcafe" on the web.

    b..  To unsubscribe from this group, send an email to:
     eternalcafe-unsubscribe

    c..  Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.


-----------------------------------------------------------------------------
-




-----------------------------------------------------------------------------
-


  No virus found in this incoming message.
  Checked by AVG Anti-Virus.
  Version: 7.0.338 / Virus Database: 267.9.7/60 - Release Date: 7/28/2005