Free Website Content
Fair Use
As the Internet matures, users and governments
are struggling to manage controversial issues. Lets
face it, the Internet did not exist when the US copyright
laws were written;let us not forget, while many countries
respect copyright laws, the Internet is global without
a governing body. There are not only different laws,
rules and regulations, but also jurisdiction issues.
RSS didn't exist when copyright laws were written either.
While ardent supporters feel any content in a feed can
be syndicated, other equally fervent publishers contend
that original works are just that--original works, and
in many countries protected by copyright laws.
Much of the Internet is uncharted territory.
There is no single agencies that has complete control
over content or censorship, and it is unlikely that
there will ever be a recognized body that regulates
and agrees to terms and conditions to govern the online
world. At this point, the location of webhosts and companies
owning domains dictate what laws that are observed.
In other words, if a company in the US or UK is violating
a copyright and their host is in the US or UK, it will
be easy to enforce copyright laws in the event of a
violation and have the website content pulled. If the
website is located on a server in a region that does
not recognize or acknowledge the rights of a copyright
holder, the web host will be less likely to cooperate
in removing the offending content.
Regardless of whether you manage an RSS
feed or syndicate existing feeds, it is a good idea
to become familiar with what constitutes fair use under
copyright laws. Fair use allows portions of copy written
material to be reproduced or republished without the
consent or permission from the copyright holder.
Determining protection can be complex.
Fair use is often disputed, and it is difficult for
legal scholars to understand, and even more difficult
for publishers to decipher. When determining fair use
there are a few questions that help determine whether
a copyright violation has occurred. The questions you
should ask are:
Is the work protected?
How much material is copied?
What is the nature of the work that was copied?
Is the individual reproducing the work profiting?
How was the original works affected by being copied?
When attempting to determine copyright
protection, it is important to remember that the US
copyright law does not require a notice to appear in
order for creative works to be protected. The fact that
the work is unique and is "created" is enough to ensure
protection.
Not surprisingly, creative works that
contain a higher level of complexity have a higher degree
of protection. The fair use doctrine is part of US copyright
law and it allows for publishers to incorporate some
copyrighted material into works without the expressed
permission of the copyright holder.
Resources on Copyright:
Copyright Debate: http://www.small-business-software.net/the-copyright-debate.htm
Copyright: http://www.copyright.gov/
Keep in mind that fair use is based on
the belief that the general public and media are entitled
to freely use portions of copyrighted materials. The
fair use extends to commentary on the creative works,
criticism of creative works, or even the creation of
a parody that relates to the copyrighted material. Understanding
the intent of the copyright laws help publishers interpret
them.
About the Author:
Sharon Housley manages marketing for FeedForAll http://www.feedforall.com
software for creating, editing, publishing RSS feeds
and podcasts. In addition Sharon manages marketing for
NotePage http://www.notepage.net
a wireless text messaging software company.
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This article may be used freely in opt-in
publications and websites, provided that the resource
box is included and the links are active. A courtesy
copy of the issue or a link to any online posting would
be greatly appreciated send an email to sharon@notepage.net
.
Additional articles available for publication available
at http://www.small-business-software.net/free-website-content.htm
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