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avsupport
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copyright? when and how? - 9/20/2004 12:45:10
how does one go about copyrighting pages on their website? do I need to do this for every page or just any intellectual property I generate?
dave.
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dpf
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From: India-napolis
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RE: copyright? when and how? - 9/20/2004 14:22:04
quote:
every page or just any intellectual property I generate?
for starters, how do you differentiate the two? arent your pages "intellectual property"?
US law says that a copyright exists/occurs at the moment the work is produced. the copyright statement is for info purposes and isnt required. No registration is required but the difficulty arises in proving that you produced the property originally, before another claimant had.
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Dan
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avsupport
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RE: copyright? when and how? - 9/20/2004 15:29:30
Dan,
I see your point. the two are really one of the same. I always see the copyright at the bottoms of pages and wasn't sure if they were actually on file at the united states copyright office ( I have done that in the past with audio recordings) what your saying is that webmasters just put that information on at will?
Dave.
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dpf
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RE: copyright? when and how? - 9/20/2004 15:46:43
yes Dave, its pretty standard..however, here is another issue to ponder. If I build a site for your company, who owns teh copyright - the webmaster or the site owner? could generate some lively discussion..<smile>
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Dan
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avsupport
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RE: copyright? when and how? - 9/20/2004 16:30:06
valid point. I see how it can go round and round. thanks for the info
dave.
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avsupport
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RE: copyright? when and how? - 9/20/2004 18:52:02
I'll give it a read, thanks
Dave.
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Thomas Brunt
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RE: copyright? when and how? - 9/22/2004 10:02:46
Not sure if this will be useful, but it might be worth a look?
c-site
< Message edited by Thomas Brunt -- 9/22/2004 12:21:06 >
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Expression Web Help
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lois wakeman
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RE: copyright? when and how? - 9/22/2004 11:45:07
General reply to whole thread:
Two things:
1 Your contract (verbal or written) with the client should address to whom the copyright and IP belong on payment: I always assign it to the client as a freelancer - anything else is a bit shady, I think. Once someone has paid, you shouldn't recycle their work for someone else. If they pay you a license fee to use something in which you retain the IP (like a web application), that is different of course.
2. While copyright exists as an enforceable concept in theory, tracking down infringements and getting removal and/or compensation is another thing entirely. As a small business without huge legal resources or funding, I take the view that absolutely anything I post on the web is, in practical terms, there for the taking. If I find someone has used my words verbatim or my images, I can try a 'cease and desist' notice, but in the end, it's just not worth spending more than a few minutes on, and certainly not worth raising the blood pressure 
You can capitalise on people's magpie tendencies, though. On a photo site of mine, I encourage people to download and use copies of my images, which have a watermark with the site name. I ask that they give me a credit - but even if they don't, I might get some free publicity, and the files are of a low quality and not suitable for serious reproduction, so I haven't really lost out - even if some cheapskate erases the watermark, the print will be rubbish.
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torben
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RE: copyright? when and how? - 9/22/2004 12:22:49
Hi
Before you place a image on a web site, crop it. You are then the only one that has the sourrounding area. Solid proof, as I see it.
Most if not all search engines have a copy right infringement e-mail address. If they believe a website is based on image and text copied from other websites, I think that web will find it very hard to get god search ranking.
The difference between a registered copyright and not registered, is that a judge can set fines, without you have to demostrate losses, in the case of a registered copyright. To register copyright is about 400 USD. Copyright office wil take a web burned on a CD as well.
Regards Torben
< Message edited by torben -- 9/24/2004 2:41:15 >
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dpf
Posts: 7121
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From: India-napolis
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RE: copyright? when and how? - 9/22/2004 12:26:06
quote:
Solid proof, as I see it.
Solid evidence - proof is a relative term decided by a judge or jury.
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Stephen Arthur
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RE: copyright? when and how? - 9/22/2004 13:21:03
I recently discovered that a downloadable ebook being sold by an unknown publisher contained 80 web pages copied from my website, 100% verbatim. I have one of those $400 an hour intellectual property lawyers as I worked in that industry as a MIS accounting supervisor for them at one time.
We issued a cease and desist letter and the publisher immediately did just that, and informed the author they represented that their contract was cancelled.
I did learn from the attorney that early on when you create a web site you can print out a good body of the pages of your web site and bind them and file them with the Copyright Office. Of course you have automatic copyright today, but by filing a binding of the pages it gives clearly the date and time that you were presenting the works without question. They recommended searching the Copyright Office site for more info on this, unless you want to pay the lawyers at that hourly rate. Ouch.
Now in another post the topic of a "work for hire" came up. Clearly there should be an employment contract in place and it should specify if your work as an employee is a work for hire, or not. When it is copyrighted as a work the Copyright Office has a box marked work for hire when appropriate, but the burden of proof will fall upon an employment contract, or as a consultant when I create a book, ebook, web page etc in the contract for being paid I do relinquish my copyright to the client in most cases, admitting it was a work for hire.
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avsupport
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RE: copyright? when and how? - 9/22/2004 21:14:57
I want to thank everyone for all the info regarding my post. I have a much better understanding now!
dave
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grafikat
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RE: copyright? when and how? - 10/22/2004 10:40:24
Copyright is probably one of the most misunderstood concepts of intellectual property.
It is only $30 US to register your copyright:
http://www.copyright.gov/register/
It is around $350 US to register a trademark:
http://www.uspto.gov/
The real costs come in when you involve an attorney (What did Billy say?) I have filed both myself. Unless it's an earth changing idea or a multimillion dollar operation, I can't see paying $400 an hour!
Regards,
Grafikat®
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Nicole
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RE: copyright? when and how? - 10/25/2004 16:48:50
Website for the Australian Copyright Council is below for any other Australians out there.
http://www.copyright.org.au/
Nicole
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