Copyright and the Internet

Last updated on June 26, 1996

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Internet documents may be virtual but copyright protections on them are quite real. Internet authors enjoy the same local and international protections against copyright infringement as do authors of printed publications and electronic publications in other forms. Many creators of Internet publications, services and tools permit free and unrestricted use. Where this is the case it is generally clearly stated. The lack of a clear statement of copyright or ownership at an Internet site does not constitute a green light for taking whatever you see, read or hear there - quite the contrary. Copyright protection is automatic in the United States and in most developed nations. When in doubt, ask first, and be prepared to accept the answer you get.

Internet users accessing sites from within the United States can expect limited privilege to copy works they find under the doctrine of Fair Use. Here are the guidelines for what constitutes fair use from the U.S. 1976 Copyright Act:

Section 107 of 17 USC

: Notwithstanding the provisions of sections 106 and 106A [granting protection], the fair use of a copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.; The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

There has been enough argument over the points outlined above to launch several flotillas of hot air baloons. The law, enacted in 1976, well before the Internet became a major means of sharing information, does not address many of the issues associated with electronic information storage, retrieval and exchange. In 1994 President Clinton's IITF (Information Infrastructure Task Force) through its Working Group on Intellectual Property Rights prepared a draft report on Intellectual Property and the National Information Infrastructure ( NII) which made some very controversial suggestions on how to rewrite or ammend U.S. federal copyright law to include the Internet. Pamela Samuelson, a legal expert in the field, has written an excellent whitepaper, The Copyright Grab on the NII and its goals and an in-depth critique, Legally Speaking: The NII Intellectual Property Report, both worthy of a read if you're interested in the topic.

There has been an ominous calm since the initial storm of criticism of the NII and its possible role in the future of the Internet, at least in the U.S. The best we can hope for is that this means well-intentioned people are still thinking seriously about the issues. They may not have made up their minds yet. Surely they've heard loudly and clearly from those with commercial interests in the issues, like the CCC (Copyright Clearance Center), an arm of the publishing industry. You can help to inform them of national opinion with your comments.