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Relief in Sight from Barrage Of Irksome TV Commercials?

Content Copying Poses
Legal, Ethical Questions

by Ken Fermoyle

The growing trend of copying content, especially from the Internet, disturbs many of us involved in the creation and use of material for newsletters and websites. In viewing hundreds of newsletters and websites in recent years, I've seen many examples of plagiarism, copyright infringement and downright theft of intellectual property. The same holds true on many of the group and personal websites I visit.

I'm not the only one concerned. Knowledgeable editors and UG officers, including APCUG (Association of PC User Group) representatives, told me they also view it as a problem.

Actually, everyone should be concerned. Unauthorized copying could create legal difficulties for a group; it certainly poses ethical questions. Closer to home, if you have a personal or business website, you should be aware of copying do's and don'ts.

I believe illegal content copying usually results from lack of knowledge, not malicious intent. Material is so readily available on the Web, and we're so accustomed to unrestricted access, that it's easy to assume everything on it is up for grabs.

I'm no expert on copyright laws but over the past 50 years I have learned practical rules of thumb that most editors follow. However, advent of computers and the Net has raised all sorts of new questions, both legal and ethical, about copyrights and "intellectual property."

That said, let me give you my views on the subject.

First, fair game for use in UG media includes articles written specifically for such purpose: my Ken's Korner pieces, Bob Click's Deals column and articles distributed by APCUG. Most UGs allow other groups to reprint material from their newsletters, subject to some restrictions. More free material is offered on Microsoft's Mindshare website, microsoft.com/mindshare/default.asp, and the User Group Network, user-groups.net.

Vendors' public relations releases also are legitimate freebies for use by editors and webmasters. A caution here: it may be a disservice to members to run such material "as is." It's a form of propaganda or advertising, remember, and often gives a much rosier review than a product or service deserves. I sometimes use PR releases as a basis or background for columns, but I research and/or get hands-on experience to provide a balanced, more objective article.

Now for the no-no's.

Do not pick up magazine articles and reprint them in your newsletters or website without permission from the publication! The fact that they appear on a website does not mean they are public property.


The same goes for clipart, photos and illustrations. Unless specifically identified as available for use, free of charge, reprinting such material without permission is thievery. If you are a business owner, be aware that some material on the Web is available for reprint without charge to not-for-profit organization but not for commercial use.

Be sure to read the fine print, however on ANYTHING you reprint from the Internet. There usually are conditions attached. Some "free" material may not be used in publications that have a subscription fee, cover price or that contain paid advertising.

Quoting from external sources in articles or reviews is acceptable, if done judiciously. Use a short excerpt to illustrate a point but don't lift a significant number of pages and make it part of your article. Always identify such material by using quotation marks. Always give proper credit to the source.

Typically, publications (and books) contain language like this.

"All rights reserved. No part of this publication may be reproduced or transmitted in any form by electrical or mechanical means, including information storage and retrieval systems, without permission in writing by the publisher."
Often, in books, this phrase appears: "except by a reviewer who may quote brief passages in a review."

Before using any material from a Website, look for a statement that says that content on the site is freely available for copying and reprinting. Then read the fine print to be sure you understand the conditions of use. Only then can you legally and ethically copy and reprint text or images in your group or personal newsletter or Website

If you don't find such a statement, look for a button or link marked "Copyright" or "Terms of Use." In commercial Websites, such a link takes you to a statement, similar to the following, on "Reproduction of Images and Other Copyrighted Material Found on Web Sites."

"You should be aware that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. Accessing images or text provided on Websites does not give you any rights to use them as you wish. Only the copyright owner, or the owner's legal agent, can give you permission to copy, distribute, or publicly display protected material. The copyright owner in most cases is the creator. Images are generally owned by the photographer; text is owned by the author."

The wording may be different, but the intent is always the same: To establish legal ownership of the publication or website content, and to warn off those who attempt to copy any or all of the content that it is illegal to do so without specific permission.

You might say to yourself, "My newsletter only goes out to a few hundred people; they won't mind if I copy this one article or photo."

Not so! That' somewhat like, if not exactly analogous to, a counterfeiter saying, "I'm just going to print up a few hundred $20 bills so Uncle Sam won't mind."

Now the wrath of a copyright owner may not descend on you with the fury that the Treasury Department would bring down on a counterfeiter. Illegal copying could have embarrassing consequences if the copyright owner learns about the infraction and chooses to be hard-nosed about it. Even if there are no legal repercussions, improper reprinting of material casts an ethical shadow over any organization or individual that does it.

Ken

Copyright 2000 by Ken Fermoyle, Fermoyle Publications.


UG Network _/_ UG Library _/_ Fermoyle_/_ About Ken Fermoyle


Ken Fermoyle has written some 2,500 articles for publications ranging from Playboy, PC World and Popular Science to MacWeek & Microtimes. He was cohost/producer of a radio show on computers and a partner in a DTP service bureau during the '80s. Ken's Korner articles are available free to User Group newsletters and Websites. For permission to reprint this article, contact kfermoyle@earthlink.net.


EDITORS NOTE: Only UGNN Affiliate User Groups are granted a one-time reproduction license of this article so long as the unaltered credit/ID paragraph (above) is published with the article, and a copy of the printed article is mailed to
Fermoyle Publication
22250 Capulin Court,
Woodland Hills, CA 91364-3005.
Contact: kfermoyle@earthlink.net for further information



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