Is An Article or Other Content Posted Online Considered Published Under the Law?

Copyright law is one of those legal areas that can be complicated, both for those looking to protect their legal rights and the courts tasked with determining when an infraction has occurred. With the introduction of photocopying – sometime in the mid 20th century, along with the rise of the World wide web, this issue has become even more complex. A copyright attorney historically dealt only with published material, however there has been a distinction made between what is posted on the web and what the legal rights of those “posters” are as opposed to true published written content. The issue of whether or not the laws are or should be obsolete as a result of Internet is very much alive and debated in today’s world.

First of all, something that is circulated online is not regarded as published; rather, it is a public display. Nevertheless, portions of copyright laws do apply because public display is among the rights conferred upon the holder of the rights to a work. An author of an original work (which includes not just written prose, but also photographs), automatically is the owner of the rights to that work as soon as it is put in print or uploaded onto a website. They don’t have to submit a notice or register the work with the Library of Congress to hold legal rights to the writing, although doing so is extremely important in an infringement lawsuit.

Because online content is considered public display, people can access it easily, but things get trickier. A computer’s random access memory or RAM routinely preserves web pages, holding them in store in case the user visits the site again. Depending on the Internet browser, it may trash the memory as soon as the computer is powered down, or it may store it in what’s referred to as a cache. Ultimately, all memory in a cache is recycled but only because more recent pages are being stored. By necessity, the law expressly exempts Internet service providers or ISPs from any culpability regarding infringement. However, the unauthorized printing or saving of copyrighted documents onto a hard drive does amount to infringement, although it is rarely enforced unless an attempt is made to make money from the works.

In what is known as reasonable use, excerpts of protected material could possibly be reprinted or redisplayed, provided a few conditions are met. Specifically, it must be for educational or scholarly purposes, and the writer of the work has to be credited. Fair use guidelines generally allow educators and professors to create photocopies of academic works for their students without these copies being considered an infringement of the authors’ rights.

Instead of nullifying copyright law, the Internet has made the problem that much more important. The laws help creators safeguard the use of their existing works and encourage the creation of more.

Actual infringement by another party impairs an author’s ability to exhibit or disseminate their own creations.There have even been situations in which the author’s reputation has been slandered as a result of the original work being altered in a manner that makes it offensive, controversial, or contrary to the author’s original intent. Copyright law firms are hired to take these issues to court. An infringer or plagiarist can be assessed penalties of anywhere from $750 to $150,000, the first time they are found guilty. The fines can increase if a party is found to be an habitual offender of copyright infringement.

Writers who choose to register their works with the Library of Congress primarily do so on their own. A licensed copyright attorney can help clear up any confusion when registering a work, or an author may consult with them when it seems appropriate to file an injunction with the courts or file a suit for damages if necessary.

Thanks to photocopiers, computer hard drives, printers, Internet browsers and an ignorance of the laws, copyright infringement takes place with stunning regularity. The ease with which people can pass off others’ written material as their own is a little scary.

Some examples of infringement include:

1. Copying total articles or other content without changing it, acquiring prior permission from the creator, and/or without giving credit to the original author.

2. Plagiarizing areas of the content and failing to give credit to the original author.

3. Utilizing content and making small adjustments to a few words or sentences here and there and then using your own byline when re-posting online.

These illustrations emphasize the need for sound laws, especially as regards content found on the Internet.

There are protection programs/websites on the web to protect authors. Websites such as Copyscape will help an author track down any written material with any amount of identical content, though it is still up to the author to pursue any legal action against the plagiarist. The bottom line though is that authored written material and images are real property, and in a nation that values property rights, these laws are as important as ever.

Reproduction permitted only if all active links are maintained and byline is preserved, and/or your byline is omitted. 2011 All Copyrights Reserved.

Author Stephen Daniels highly recommends Baker & Rannells for those seeking professional copyright attorneys in New York. Their legal team has more than 63 years experience in both the U.S. and around the world. Their specialty is helping businesses with trademarks, domain names, and copyright law, including research, registration and litigation when appropriate.