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Copyright
protects free expression and the rights of authors.
The Copyright Act of 1976 states that the items of expression
can include literary, dramatic, and musical works; pictorial,
graphic and sculptural works; audio-visual works; sound recordings;
and architectural works. Almost any original expression that
is fixed in a tangible form is protected as soon as it is expressed.
For example, a graphic created in Photoshop is protected as
soon as the file is saved to disk. This Web page was protected
as soon as I stopped typing and saved the .html file.
As
you can see, many of the items that you are likely to encounter
on the net are eligible for copyright protection, including
the text of web pages, ASCII text documents, contents of email
and Usenet messages, sound files, graphics files, executable
computer programs and computer program listings.
For
many simple web pages you will never need to look at the HTML
file itself. However, with more complex pages you may need to
edit the HTML tags "by hand". That is no problem,
but you will need to have a second program available to do so.
(See HTML Publishing: Introduction for more information about
HTML tags and editors you can use to modify them directly.)
While creating a homepage, there are some
copyright issues which you should consider. The following guidelines
were adapted from the Oppedahl
and Larson Weblaw page. This is not legal advice, however.
The following are only guidelines. For more information on internet
copyrights, visit one of the suggested sites listed at the bottom
of this page.
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COPYING IMAGES AND INFORMATION - The
best way to avoid copyright controversies is not to copy things
from other sites. Why not just link to the site that contains
the image or information you like? Some graphics sites tell
you up front that you are free to use any and all images from
that location. Others ask that if you use images from that
site, that you include a link to it on your home page. When
in doubt, ask permission from the person who maintains the
site.
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POSTING SCANNED IMAGES - The safest
way to post a scanned image on your web page is to obtain
permission from the copyright owner before posting it on your
web site. Even when scanning an image yourself it is best
to get permission from all those in the picture before posting
it.
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USING OTHER IMAGES - When using an
image from another web site, you should save a copy of the
image into your own directory. (Following the first tip given
above) Although it is possible to use IMG links to other sites,
if the image is changed or deleted from the site you are linking
to, you may be left with a hole in your own page.
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CREATING LINKS - The general rule
is you may freely set up HREF links to other web sites. This
point of the World Wide Web is to create a network of knowledge.
This is only possible when we are allowed to freely link to
other web sites. Keep in mind, however, that you should not
create a link to someone else's site and claim that it is
your own creation. Also, don't misrepresent other web sites
by saying, for example, "These people are liars" and creating
a link to the page.
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PROTECTING YOUR WEB SITE - There other
ways to protect your site like copyright registration, trademark
registration, or patent protection, but the simplest way to
prevent people from taking things from your web site is not
to post it there.
LINKS TO MORE COPYRIGHT INFORMATION:
Oppedahl
and Larson Weblaw
An
Intellectual Property Law Primer
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