
First, let me be clear: I am not a lawyer. I don’t even play one on TV.
What I’m writing about today is backed up by information written by legal professionals but I can take no responsibility for any legal problems that may arise from what you read here. Don’t use this site as replacement for legal counsel. If you have questions about a specific situation, you should contact a legal professional or the US Copyright Office.
We are regularly asked questions about copyright, particularly with regard to website content, photos, videos, articles, even site structure and positioning and branding strategies. Business owners are understandably protective of their intellectual property and works they have worked to create or paid to have created.
Copyright is a law stating that you cannot copy a piece of work without the author’s permission. “Work” includes writing, a photograph, or a web page. In short, if you snapped the shutter on the camera, if you typed the words or penned them on a pad; if you created the work, it belongs to you.
The only time a work is NOT copyright-protected is when:
- the originator/author has placed the work in the Public Domain. When this has been done, anyone can copy and/or distribute the work freely. An example of this would be Open Source programming such as WordPress, the program we favor for building blog-based websites.
- the originator/author has been deceased for 70 years or longer; at that point the work becomes Public Domain
- you have paid for, or been given, a license to use the work. An example of this is when you purchase a program that makes greeting cards, you are licensed to freely use the clip-art and sayings to make those cards.
- ownership of the work has been sold or given to you, in writing. For example, our office, unlike many creative firms, transfers full license of most works to our clients once the work has been paid in full. Be aware that you do NOT own artwork you paid to have created unless you have a document transferring ownership or giving you license. This is a common misconception that comes back to haunt many businesses and non-profit organizations. It is standard for designers to be paid ongoing licensing royalties on the works they produce. That’s why the firm that created the Nike or McDonalds logos, or the cover artwork for a nationally top-selling book, were paid a much higher rate of compensation than a mom-and-pop outfit would pay for similar work.
Copyright law means you must be extremely careful what you add to your website if you did not create it yourself. You could be invalidating copyright laws if you use someone else’s web design, graphics, photographs, sound files or writing. Even if you purchased a license by buying a CD of music or a clipart program, you may not be able to use that information on your website; read your licensing agreement to be sure before posting the information to your site. If you aren’t sure, the best thing to do is check with the person or business where you got the work and get permission, in writing.
Now you know what not to do yourself, but how do you protect your own web site, photos and the like? The truth is, you don’t have to do anything because any original work you produce is automatically copyrighted to you in the instant it is created.
However, owning the copyright doesn’t protect you from unauthorrized copying. First, you may find it difficult to prove you are the originator of the work, or that you were the first to come up with it. You can file for a federal copyright with the US Copyright Office, which makes your ownership much easier to defend in an instance of breach. In addition, the penalty judgment if you win a case of breach of copyright is much higher for a registered work.
Disappointingly, you still need to pay all the legal costs involved in taking action against the offending person and it can cost more to prosecute an offense than the penalty judgment you may receive. Filing fees start at $35 per work, which is well worth the time and cost if you have created something you feel is worth protecting. At the very least, it puts you in the position of penalty judgment exceeding the cost of the legal process.
Whether you decide to federally copyright your work or not, you may publish your ownership using a copyright statement in the form:
Copyright (or ©) YEAR, Your Name. All Rights Reserved.
(ex. © 2009, beachdog.com. All Rights Reserved.)
Posting your copyright gives notice that you care if the work is taken from you and deters many from using it without permission.