7 Online Copyright Myths
Reading Time: 5 minutes 
One of the most misunderstood issues online is copyright, including email and website content. For some reason, as with many things online, there is this incorrect perception that anything goes. Or that the entire online world is “public domain.”
Many are finding out the hard way that copyright protects creative collateral. 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 by guiding clients for over three decades about the issues involved in using others’ work.
Hopefully, this effort will help you avoid discovering the hard way that copyright is alive and well online.
Copyright Myths Online
1. “I can right-click, save anything online, and use it however I wish.”
This is a perfect example of the fact that just because you can’t doesn’t mean you do. Those graphics or files were created by someone else who legally acquired the copyright upon creation.
Without the creator’s specific permission to use that file or graphic, you have no right to take it, modify it, or use it as you please. There is no exception to this rule. Always ask a site owner before you illegally swipe anything off their site to display on yours.
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. For example, the author may not want their information posted anywhere off their website. Or, they may not approve of your site as a venue for their information.
That is their choice to make, not yours. Just because you choose to give credit doesn’t permit you to take and display their copyright-protected materials. Always ask a site owner for permission to use their images or content before adding them to your site.
3. “I can link to graphics on other sites so that they display on my site.”
Okay, maybe you didn’t download the graphic and put it on your server, but the bottom line is still the same: If you display someone’s work on your site without their permission, you are using their server’s resources to display their files on your site.
4. “I can display content from other websites within iframes on my site.”
Many site owners prohibit their pages from being framed (using iframe code) on other sites because it gives the impression that the other site created the information. Unfortunately, folks often do this innocently so they don’t have to send site visitors off their site to get the information they want to provide.
Others do so precisely to provide the impression that it is content they created. A better option is to link to the information you like and open it in a new window, so your site remains available to visitors.
5. “If I only quote a portion of the other site’s content and link to it, I do not need their permission.”
This is where the “fair use” advocates come in. Fair use is a legal doctrine that allows people to use copyrighted work without permission. It applies when the use is for a good reason, like news reporting, teaching, parody, or criticism. You can review the official U.S. Copyright Office Fair Use Index to learn more about how the law works.
The Two Rules for Amount Used
Asking permission first is always the best approach when writing an opinion piece or review that requires quotes from another site. Using only portions can give a misleading impression of the author’s overall content.
6. “If I pay someone to create graphics for my website, I own the copyright to those graphics.”
Not necessarily. Your agreement with the graphic artist must explicitly state that upon payment, all of their rights are transferred to you. Otherwise, you most likely only have an exclusive license to use those graphics.
In addition, purchasing the full copyright will cost you much more than simple exclusivity. The moment anything is created, whether written or drawn, the creator owns the copyright — that’s the law.
Copyright can only be transferred in a written, legally binding agreement signed by the work’s creator stating that they are transferring their rights to you. Saying you own it because you paid for it doesn’t make it a legal fact.
7. “Email is not copyright protected once it is sent.”
An email is a written work that, once created, is copyright-protected by the author. This means you cannot publicly post an email sent to you privately.
You cannot post private emails to your site, to message boards, or to your blog without the author’s specific permission to do so. You can, but don’t be surprised if doing so backfires on your credibility.
Just because an email was sent to you as a private communication does not mean you own it and can do with it what you like. In addition, an email posted to a mailing list, forum, or community should not be reposted, copied, or used in any other way.
Not without the express and written consent of the author if you want to avoid any ramifications.
What’s the bottom line with online copyright?
Courtesy! Don’t assume you can use, repost, or take anything you find online simply because you can. Be a courteous Netizen and always ask first.
Seek out the DMCA (Digital Millennium Copyright Act) page and policy statement on your ISP and hosting provider’s websites to become familiar with what is involved. That document will also tell you how to handle complaints and reports regarding copyright abuse. Take the time to read that information, be aware of your rights, and do not infringe on others’.
The primary resource for all this legal mumbo-jumbo concerning online copyright and the DMCA is at http://www.copyright.gov. (United States)
Again, I am not an attorney and do not provide legal advice. However, I hope you are now aware of some common issues you should seriously consider, whether you are creating your own or using others’ creative or written works.
What is your next step? Read my article: How to Report Stolen Content: DMCA Guide and Tips.
At your service,
