Copyright is attained automatically on creation of a web
page. However, although your content on
the web may be copyrighted, that does not mean it is safe. Nor does it necessarily mean that it
is
easy to prove you are the copyright holder.
Ask yourself: How much do I care about protecting the
copyrighted material on my web page?
If your answer is that you would immediately seek to litigate
if someone were to use the material
on your site then the safest option (unfortunately) is not to include that material on your web page,
particularly since it is necessary to litigate in the place where the infringement occurred. However,
if your answer is that you would pen a cease-and-desist letter (or less), then you may like to take
some or all of the steps below to place yourself in a strong position should someone make use of
your copyrighted work:
- Copyright notices – These notify viewers that the material
is copyright protected.
The notice should be obvious, legible and on every page. The notice should include
the © symbol, the owner’s name and the first date of publication, e.g. “Copyright ©
John Smith 2005” or “Copyright © 2005 University of Cambridge”.
- Express statements– An easily accessible Terms of Use section
or page should set
out the extent to which you wish to allow users to use your copyright material without
further permission. A simple “All rights reserved”conveys that permission must be
sought to use your work, however you may also like to add a statement along the
lines that “any unauthorised broadcasting, public performance, copying or re-
recording will infringe copyright”. For a detailed Terms of Use example see Appendix
C of http://www.admin.cam.ac.uk/cam-only/offices/legal/copyright/copyright.pdf. See
also, as an example, the statement on the MOMA site under “About this
site”(http://www.moma.org).
Further guidance can be obtained from the creative
commons site (http://creativecommons.org/worldwide/uk/). Creative Commons is an
initiative which helps authors to publish their work online while letting others know
exactly what they can and can't do with the work. Creative Commons aims to provide
a fast, easy and user-friendly way to deal with copyright. Creative Commons licences
allow authors to retain the copyright but allow people to copy and distribute the work
provided the author is given credit and only on the conditions specified by the
author.
- Digital protection– Some popular digital protection options
are:
- Watermarking– A digital watermarking system embeds an image and/or
copyright information into the pixels of your work. Some of these systems also
provide a means of discovering who may have copied your image and where they
may have put it, anywhere on the web. On screen, the viewer cannot see the
watermark while on your site, but if the image is placed on another website the
watermark with its copyright information will appear.
- Encryption– This is a way of protecting the content of your web page,
although
nobody but your intended viewers can see your image / work. Accordingly, you
must provide the decoding key to each person who wishes to view your site. In
effect, then, this is of similar effectiveness to placing your site in a password
protected area (see below).
- Flash– Flash software enables graphics and texts to be placed in
a special
format that around 90% of Internet users can see. You can choose to protect
Flash files to prevent copying and pasting and even printing. There are now
simple programmes that convert PowerPoint to flash for more protection as well
as faster download. However, there is no way of preventing others using the
entire Flash file and it is still possible to copy individual graphics.
- Acrobat PDF– PDF files can require a password to be opened and can
prevent
printing or copying graphics. But once open there are ways to copy the
information (though, of course, people can photocopy a book too).
- Password protect – It possible to password protect your site and
you should
contact the University Computing Service (http://www.cam.ac.uk/cs/)
to arrange
this. Password protection restricts access to those who are able to supply a
login name and password. Of course, people can give others their password and
mere password protection will not limit what a user can do once they have
successfully entered the site. Asking users to agree to terms and conditions
(for example not to copy or otherwise use the material on your site) is also a
good idea, although enforcing these terms and conditions can be time
consuming and costly.
None
of these systems is fool proof, particularly in this age of computer hackers, although
each provides at least some degree of protection. Unfortunately, however, if a computer
savvy person is determined to copy material on your site it is likely that they will find a way.
- Supporting evidence to assist any claim you make in case of a dispute–
Keep as
much of the background work as you can (e.g. drafts) as this can be valuable in
demonstrating the development of your ideas and therefore proof of copyright
ownership. If you are particularly worried about proving that your work existed at a
particular point in time you may consider sending a copy of the work to yourself via
registered post, and then leaving the envelope unopened on its arrival.
- Registration – To prove your work was created before a certain
date, and to give
stronger supporting evidence, you may wish to register your work with the UK
Copyright Service who can substantiate your claim in case of a dispute. The current
charges for registration are £35.00 for 5 years, and £60.00 for a 10 year registration
period. Once registered, you may also advise of this on your web page as an extra
deterrent against infringement. For further information see Should
I use an unofficial
copyright register? and the UK Copyright Service
(http://copyrightservice.co.uk/).