|
Views from the Web: Copy - right?
by Steve McCabe
As visitors to this web site and especially the message board will know, copyright issues and the web are very topical and can stir up a lot of emotion!
By chance but not before time: new legislation was passed just this week in Dominica. The legislation concerns Intellectual Property Rights, and while local musicians have already hailed the law as groundbreaking, the implications for those of us who make our living on the web are equally significant.
But firstly, lets dispel some of the myths of copyright. These (lest I be accused of copyright infringement!) have been taken from http://www.templetons.com/brad/copymyths.html
1) If it doesn't have a copyright notice, it's not copyrighted.
False. Once a nation follows the Berne convention, its copyrighted, regardless of a notice to that effect. Dominica signed-up on August 7, 1999.
2) If I don't charge for it, it's not a violation.
False. Whether you charge or have a commercial gain from use can affect the damages awarded in court, but that's main difference under the law. It's still a violation if you give it away -- and there can still be serious damages if you hurt the commercial value of the property.
3) If it's on the Web its in the public domain!
False. Nothing modern is in the public domain anymore unless the owner explicitly puts it in the public domain. Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." Those exact words or words very much like them.
4) They e-mailed me a copy, so I can post it.
False. To have a copy is not to have the copyright
More than our new local laws, the Digital Millennium Copyright Act further strengthens copyright. For example it makes liable for damages the ISP and companies hosting the site that infringe the copyright.
But why should we bother? Well, we certainly wouldnt dream of just picking up and using someones property in real life, especially without asking. Why should we treat the web any differently?
People use copyrighted works all the time. Theres a case to be made that for Dominica, anything that helps promote our island is a good thing. Indeed, but we may also hurt Dominican businesses if we take it too far. The teachers who set school assignments to create web sites should at the same time be discussing the need to respect copyright; to at least do the courteous thing and ask for permission to use copyrighted work.
Discuss this
article on our message board
|
