Acquiring Copyright Permission

It is the wisest course of action to assume that all art, music, and writings are protected by copyright law. A work is not in the public domain simply because it is posted on the Internet or that it lacks a © notice! Usually, permission is needed to reproduce copyrighted materials, including photos, writing, music, and artwork.

Would you need permission to use a photo taken by a club member, a friend, or a relative? Oh, yes! Copyright protection extends to any original work, regardless of who created it, and permission is required for display, distribution, or reproduction of any type. Why get permission? Easy: to prevent a lawsuit. An oral consent is valid, although, getting an e-mail or other written consent is preferred and is easier to prove should a dispute arise. For registered pieces of work, you can use the services of a copyright clearinghouse to gain your permission(s).

More fallacies on copyright are that clip art, shareware, freeware, or materials labeled "royalty-free" or "copyright-free" can be distributed or copied without permission. There are often terms and conditions in README files, "click to accept" agreements, and other documentation that accompany the materials. These should be read to learn if your "intended use" agrees with those terms.

Another example of what not to do is to download a story that is on the Web and then post that story to another Web site or e-mail it without permission of the author. Each activity (e-mailing, copying, printer, and posting) requires permission.

Permission also extends to trademarks within a reproduced work. It would be needed before you could reuse the trademark, especially on a commercial Web site because consumers may become confused by the use of it on your site. You would also be liable for a damages suit by the holder of the trademark.