The basics of Web copyright

Copyright and the Web don't get along particularly well. The Web's digital nature makes it possible for anyone, anywhere, to download pristine, non-distinguishable copies of original Web page elements. Downloading is facilitated by powerful search engines, which can quickly point people to text, images, multimedia files and other Web-based content. The question is, are these downloaded copies legal?

The answer is usually no. Images, text, animations and documents posted on Web sites are not in the public domain. In fact, every element on a Web page is protected under copyright the moment it's created. Copyright owners -- the people or businesses that create Web page elements -- do not have to register with the Copyright Office for copyright protection; it's granted upon creation. This means that anytime you take an element off of someone else's Web page without their permission, you're probably violating copyright law.

This does not mean, however, that you're forever prohibited from using other people's Web content. Many times, all you have to do is ask. When you happen upon an image or text you'd like to use, send an e-mail to the site's editor or Web master requesting permission. You'll find that most Web publishers let you use their work in exchange for a link to their site or a copyright credit.

You can also use copyrighted work under the fair use provision. Fair use gives you the ability to incorporate pieces of other people's work into your own essays, articles and other creations. The U.S. Copyright Office judges fair use through four determining factors. They are:

1. The purpose of the use. (Is it for a commercial or non-profit endeavor?)
   
   
2. The nature of the original copyrighted material. (What is it?)
   
   
3. The amount of copyrighted material that will be used. (A quote? A chapter? The whole thing?)
   
   
4. The impact your work will have on the financial viability of the original material. (Will you take money away?)