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Copyright_Law_and_the_Internet
| Copyright Law and the Internet
The internet has made us all publishers and many of the
copyright laws apply. The internet is not considered public
domain and any original work, including photos, art and text,
are protected even if there is no copyright notice.
If you receive a complaint about your website, the prudent
course of action is to immediately remove the material while you
seek proof of ownership. If it comes to a court appearance, your
immediate response will be viewed favorably.
There have been legal issues with certain types of linking.
Currently, there is no problem with linking to the front page of
a website. If you use another company’s logo (like
Amazon.Com’s), or imply a relationship, you must obtain the
other company’s permission in writing. Oral agreements are
acceptable but difficult to prove.
Deep linking is done when a link bypasses the front page of a
website and links to an interior page. So far deep linking is
okay (but unsettled), as long as it doesn’t imply a
relationship. If your website contains outbound links, consider
adding the following disclaimer to your website: By providing
links to other sites, [your website name] does not guarantee,
approve or endorse the information or products available at
these sites. Framing another website’s content has been found by
one court to be an infringement of copyright. A website called
TotalNews framed content from CNN and the Washington Post. They
were ordered to stop framing and use text links only. If you own
a website that allows the public to post comments, you will want
to protect yourself with a “click to accept” agreement. “User
agrees not to post any materials protected under copyright,
trademark or trade secrets unless with the express authorization
of the owner or, any material likely to defame or invade the
privacy of an individual.” “Click to accept” agreements (click
wrap agreements) often accompany royalty-free and copyright free
materials i.e. shareware and clip art. These agreements commonly
allow personal use and prohibit resale to others. “Click to
accept” agreements are generally acceptable in the United
States. Commercial sites will want to have a refund and return
policy, and any website that provides downloads will want to
state that they are not responsible for any viruses picked up
during the download. Remember, disclaimers prominently displayed
can limit damages. The owner of the website is liable for
anything posted on their website. For more information regarding
copyrights please go to www.copyright.gov. You can also find
further information about copyrights and the web by going to
Stanford University’s website at:
http://fairuse.stanford.edu/index.html. If you would like to
copyright your website you can go to
www.domainregistrationwebhosting.com.
About the author:
MARKETING COORDINATOR and WEBSITE DESIGNER-Radha Khalsa, has
extensive experience in the areas of marketing analysis,
strategic planning and project management.
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