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Old 08-26-2009, 05:38 PM
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Copyrighting a Website
Good day,


I was wondering if someone could tell me what is needed in order to copyright a website. With artistic work, I understand that you have to send a copy of the work with the copyright application. But what about a website? What representation of the website needs to be sent to the copyright office in order to protect the site's content? Would print outs or copies of the website's pages suffice? Please tell me what's needed.


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Old 08-27-2009, 02:48 PM
2MX
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Hi Mr.M,

I would also like to learn the same thing !!!
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Old 08-28-2009, 03:25 PM
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Wonderful. Hopefully, someone can give us some some insight on this subject.
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Old 09-04-2009, 07:57 PM
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Hello Everyone,

Here is what I have gathered over the years:

Reproduction can include:
-printing a Web page
-copying the HTML, JavaScript or other code of a page
-downloading an image to your hard drive
-printing an image

Most copyright owners on the Web will not object to personal use of their Web pages. For example, if you found a Web page that you wanted to print, most developers would not find it a violation of their copyright if you were to print out the page.

The most common types of copyright infringement on the Web are images being used on Web sites other than the owners. It doesn't matter if you copy the image to your Web server or point to it on their Web server. If you use an image on your Web site that you didn't create, you must get permission from the owner. It is also common for the text, HTML, and script elements of a page to be taken and reused. If you have not gotten permission, you have violated the owner's copyright.

Many corporations have programs called "spiders" that will search out images and text on Web pages. If it matches the criteria (same file name, content matches, and other things), they will flag that site for review and it will be reviewed for copyright infringement. These spiders are always surfing the net, and new companies are using them all the time.

For smaller businesses, the most common way to find copyright infringement is by accident or being told about the infringement.

Many people talk about fair use as if that makes it okay to copy someone else's work. However, if someone takes you to court over a copyright issue, you have to admit to the infringement, and then claim it is "fair use". The judge then makes a decision based upon the arguments.

If you are doing a parody, commentary, or educational information you may be able to claim fair use. However, fair use is nearly always a short excerpt from an article and it is usually attributed to the source. Also, if your use of the excerpt harms the commercial value of the work (along the lines of if they read your article they won't need to read the original), then your claim of fair use may be nullified. In this sense, if you copy an image to your Web site this cannot be fair use, as there is no reason for your viewers to go to the owner's site to see the image.

When using someone else's graphics or text on your Web page, I would recommend getting permission. Like I said before, if you are sued for copyright violation, you must admit to the infringement, and then hope that the judge or jury agrees with your arguments.

Regarding copyrighting your website, you need to register with some body of government, however, on their website they state:

As a preliminary matter, it is important to remember that copyright protects original works of authorship fixed in a tangible film, and that a work does not become subject to copyright protection through registration. Rather, copyright protection exists in an eligible work from the moment of fixation. That means, the moment you put something in "fixed" form, whether it be by writing it down, recording it, or taking a photo of it, the work has copyright protection.


I am not a lawyer. The content of this article is for information purposes only and is not meant as legal advice. If you have questions, please seek out a lawyer.
Regards,

Christopher
President
Cloud Nine IT Services
Cloud Nine IT Services Website
E: Christopher@CloudNineITS.com

Last edited by ChristopherCloudNine; 09-04-2009 at 08:00 PM.
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