Fairness is a notion that we Americans learn as we
learn our language. "Play fair," our mothers and
coaches tell us. "It's not fair!" is one of our
earliest retorts. Fairness is as much a part of us
as apple pie-cut up into eight exactly equal slices.
When it comes to applying the concept of fairness to intellectual property
rights, however, many of us are a trifle fuzzy. There are more than a few
differences between the popular conception of what the fair use of intellectual
property is and what the law says it is. After all, who hasn't made a photocopy
of a published article, taped a duplicate of a music CD, or even distributed a
copy of a comic strip?
The law, the Internet, and you
Fortunately, most folks don't have to worry about copyright. They simply go
about their business, content in the knowledge that no government official is
going to check their cubicle walls for copies of the latest Dilbert. There are
times, however, when it pays to know what the distinctions are, especially if
you're spending any time in cyberspace. The problems of preserving copyrights
-the author's right to own, and receive income from, any work he or she has
created-are difficult enough when you're dealing with printed works. But move
the concepts of fairness and intellectual property rights into the international
as well as the electronic world of cyberspace and things can get enormously
complicated. You can buy yourself a world of real legal hurt if you don't know
the rules of the game.
The laws regarding intellectual property and copyrights are the same no
matter what communication medium you employ. If you don't own the copyright on
the material you are posting, chances are you're violating a copyright. Even
something as simple as scanning your favorite cartoon and posting it on your
personal Web page is a no-no.
"Big companies are policing the Internet now," explains Jill Alofs, president
of Total Clearance, a multimedia-rights clearinghouse in Mill Valley,
California. "They're looking for rights violations, and they're serious about
making people understand what's legally OK and what isn't.
"This doesn't mean you have to be paranoid," Alofs elaborates. "These matters
don't usually end up in court. Usually you'll just get a cease and desist
letter." Ignore the letter, she warns, and the companies will turn up the legal
heat.
Twists and turns
Another twist to the Internet is that it's also an international publishing
tool: your data is available around the world the moment you post it. That's
great from an efficiency and distribution standpoint. What's not so great is
that you're automatically subject to the laws of many lands. You may not be
violating copyright in the United States, but you may be violating intellectual
property rights or other laws elsewhere.
The Copyright Clearance Center, a not-for-profit corporation headquartered in
Danvers, Massachusetts, is perhaps the best-known organization dealing with
copyright and royalty issues. As its Web page explains, it "provides collective
licensing systems involving the reproduction and distribution of copyrighted
materials throughout the world." The CCC Web site (http://www.copyright.com)
contains a wealth of information about the CCC and copyright in general. It also
contains links to related sites. It's a good place to start learning about
copyright on the Internet and elsewhere.