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How the Law Applies
to the Internet
Internet technology is developing faster than the laws
that govern it. New laws that apply to the Internet have
been established either by legislation or the courts;
copyright laws are among them. A common myth about the
Internet is that anything posted online can be copied or
downloaded. 1 In
truth, anything you see on the Internet has the same
potential of being protected by copyright as anything you
see in the library or bookstore. Under modern copyright
law, the formalities of registration and copyright notice
are no longer required. As long as material satisfies
three elements,2
copyright protects the work automatically. See What Copyright
Protects.
Surfing the
Net
It is helpful to understand how the copyright statute
works to see clearly that the law applies to the
Internet. The copyright statute is triggered by the
unauthorized act of copying, publishing, performing (by
digital means or otherwise), displaying in public, or
revising (make derivatives) any copyright protected
materials. See Artist's Exclusive
Rights. Your PC automatically makes copies when you
surf the Internet in various ways. There is a good essay
about this process by Ronald B. Standler.3 He
explains that copies are made at least four different
ways when accessing the Internet. One way copies are made
is by simply viewing a page on the Internet. This causes
a copy of that page to be made and stored in the Random
Access Memory (RAM) of your PC. Browsers also make copies
so you can return to a site faster. This is technically
sufficient to trigger the copyright statute. Does this
mean that everyone who merely surfs the Internet is
liable for copyright infringement and risks being sued?
No, because of Implied Consent.Legal scholars argue that
that anyone who posts content on the Internet expects
people to visit their site. They know that visitors' PCs
will make copies in the process, and the Web site host
grants visitors an implied license or permission to make
those copies.4
Downloading on the Net
Downloading content from any Web page is the equivalent
to making a copy of the content, the same as making
copies of a book in the library. It makes sense to
presume that by doing so you will infringe the copyright
of the author of that content. To comply with copyright
law, you must receive permission from the copyright
holder before you download any content. The exception to
this is Fair Use. As in copying printed material such as
books in the library, you will not need permission if you
qualify for Fair Use. The complexity and uncertainty of a
Fair Use analysis make it both risky and cumbersome to
apply to small projects involving borrowing Internet
materials. Some Web sites expressly give permission to
download content. For the most part, if they tell you
that you can download from their site, you can. That is,
if they hold the copyright to the content you want to
use.
Using
Educational Materials from or on the Internet without
Permission
In education, there are many Internet materials that
could be used as teaching aids for a class or for an
application in research. But it is not always possible or
economically feasible to get or pay for permission. If
you qualify for using materials without permission under
the TEACH Act, then you also can use online materials in
a face-to-face classroom setting.5 If
you are concerned about using TEACH procedures—as
are many universities—there is always Fair Use.
Most of the Fair Use factors that apply to printed media
also apply to the Internet, with the exception of posting
materials on the Internet. This will, in most instances,
disqualify you from Fair Use by itself. You must get
permission to post other people's work on the World Wide
Web. Posting anything on the World Wide Web is the same
as publishing or distributing it worldwide, and
publishing and distributing is the most revered of the
exclusive rights of copyright holders. Why would anyone
buy a book at a store if you could simply download it
from a Web site? The best way to qualify for Fair Use
when you want to post other people's work online is to
use a password-protected Web site where only the students
enrolled in a class may view the copy. You should also
take technological steps to prevent students from copying
the materials, such as using a streaming process.
File
Sharing
Presently, the most flagrant copyright-infringing
activity on the Internet is sharing music, movies, or
software. The music and movie industries are aggressively
pursuing those who are downloading music or movies in
file sharing forums such as peer-to-peer (P2P) networks.
Thousands of lawsuits have been filed in the United
States and many other countries in the world. See
Downloading or Sharing
Files/Software. Students who use the University's
Internet service to download or upload music, movies, or
other unauthorized materials face consequences including
being sued by the RIAA or the MPAA and losing a lawsuit
that costs you thousands of dollars, being charged with
criminal violations, or serving prison time. When
copyright infringement, through file sharing or
otherwise, occurs on the University Internet service, WSU
is also vicariously liable for copyright infringement. It
is in violation of the Electronic
Publishing and Appropriate Use Policy to download or
upload materials from the Internet without permission.
Any one on campus who is discovered engaging in this
activity is required to take a class in copyright law and
may lose their Internet service.
Summary
The same laws and penalties that apply to making illegal
copies in the library or any where else apply to the
Internet. When using the University Internet service on
campus, it should be remembered that any one who
infringes the copyrights of others not only violates
federal law, incurring significant civil and criminal
liability, but also violates the University's Electronic Publishing and Appropriate Use
Policy.
Research Links
www.fplc.edu/tfield/copynet.htm
www.gseis.ucla.edu/iclp/dmca1.htm
www.internet-law-library.com/
www.arl.org/info/frn/copy/osp.html
www.usdoj.gov/criminal/cybercrime/
www.edwardsamuels.com/illustratedstory/isc5.htm
www.utsystem.edu/ogc/intellectualproperty/useofnet.htm
www.isoc.org/internet/law/
www.ipl.org/div/pf/entry/4851
1 See the third myth at www.templetons.com/brad/copymyths.html.
2 17 USC Section 102; Feist Publications, Inc.
vs. Rural Telephone Service Co., 499 U.S. 340
(1991)
3 Some Observations on Copyright Law,
Robert B. Standler (last update January 14, 2004) at
www.rbs2.com/copyr.htm.
4 Using Materials from the Internet: What are
the Rules? From The Copyright Crash Course
By Gloria K. Harper (2001), www.utsystem.edu/ogc/intellectualproperty/useofnet.htm.
5 17 USC Section 110(1).