Although the Firepit is devoted to sharing and exploring ideas, the format of the internet leads to many different kinds of misunderstandings. Unfortunately, one such area of misunderstanding revolves around basic legal issues of copyright. On the one hand, the internet has allowed us to communicate easier than ever before. The ability to share thoughts and ideas has never been greater than it is now. On the other hand, the internet has also made it easier than ever to “borrow” and distribute the original works of others without permission or attribution.
As a writer and a webmaster, I have seen many authors and artists harmed by the practice of other people sharing their work online without permission. Fortunately, this hasn’t been a serious issue for me, mainly because I don’t earn my primary income through my work online. However, many of our most valuable contributors to our online communities have been harmed by the well meant intention of sharing with others.
One of the best and most exciting things about the internet is the ability to effortlessly communicate with others all over the world. We are no longer isolated in small communities, or even within our own urbanized regions. The internet has truly allowed us to become a global community, and the free flow of ideas between people is the driving force behind all of our interactions. We share together, learn together, and grow together. The internet has become a powerful force for creating understanding between people who might otherwise have never met.
Because of the inherent nature of the internet, with its focus on communication and sharing ideas, many people have come to erroneously consider any information found on the internet free for whatever use the finder wishes to put it to. Unfortunately, this isn’t the case, and runs into a large body of internationally recognized copyright law.
Many people have a basic misunderstanding of what copyright law means. Briefly stated, any creative work is owned by the creator, and the creator is the only person who can decide if that work may be copied. Since nearly everything we write and do on the internet is considered a “creative work”, this means that everything you see on the internet is covered by copyright law. Words, images, and even HTML code are all considered creative works. Even though a writer or artist has posted something publicly, he or she still owns full rights to it. It can't be copied without his or her permission... not even in the interest of sharing.
What typically happens is that someone will find something while surfing online that is personally meaningful and moving. It strikes a chord, and so the surfer copies the text or image onto their computer. This is all perfectly legal, and demonstrates the power and beauty of the internet. Copying something for personal use is the whole reason it’s shared online to begin with. Problems arise, however, when that person then decides to send it to ten or a hundred of their closest friends, who then send it on to another hundred friends, infinitely. Although it’s a common practice, it’s technically a violation of copyright law. It becomes a grievous violation when the name of the author and source of the piece isn’t attached to the page that is copied, which then finds its way back to the internet at large. Unfortunately, this is also all too common.
What often happens then is that the piece in question finds its way to one of the many personal websites or online groups that has made the internet such a rich experience. An individual webmaster finds a piece, either through his or her own surfing or forwarded via email, and decides that it’s worth sharing with the rest of the world. They then post it to their site so that their visitors might share in this beautiful find. Although their intentions are good, this becomes a serious violation of copyright law, since the original creator of the piece has had no chance to give permission.
Many people who copy and share works on the internet are very generous people who really mean well. Their intentions of helping others to learn and grow is admirable. Passing along the nuggets of knowledge that might help another seems natural. However, even though this practice of compiling found material is a common one on the internet these days, it remains illegal.
It doesn't matter if the webmaster found it himself and chose to post it, or whether or not someone else found it and forwarded it to him. The author or artist still needs to be asked before it can be re-posted anywhere else. If the webmaster doesn't have the time to do this, then he must reluctantly not post the material.
Most authors are more than happy to give permission... many of them won't care, and will likely be flattered. They'll give their permission gladly, just for the asking. However, some writers and artists are professionals who earn income from their work. The practice of republishing their work can have some serious professional repercussions for them. For example, if a writer has sold exclusive rights to a work to a publisher, which then reappears elsewhere on the web, the writer could then be in breach of contract. Artists often sell their pieces, and the purchaser reasonably expects to own exclusive rights to that image. If a surfer finds that work and then begins distributing it, it causes real harm to the original creator.
I'm sure many webmasters hadn't intended this, but it is a possible repercussion from this practice, which is why many authors and artists get a bit upset when they find their work has been reposted without their knowledge or consent. If it's a piece that they don't mind being distributed, they are usually happy to give permission, usually asking only for a return link to their own site if they have one.
Either as a website creator or casual internet surfer, you are liable for any violations of the law. It’s up to each one of us to be responsible internet citizens, and to respect the intellectual and artistic rights of those who share their works with us. So here's what you should do so that you don't accidently harm a writer or artist whose work you otherwise found valuable enough to share with others online:
Ask yourself these questions before distributing work on the internet:
1) Am I the author of this piece? If yes, is my name clearly on it? If not, who is the author or artist? If you don't know, is there any way you can find out? (Was this a page found by you, or forwarded by someone you know?)
2) Has the author been notified and consent obtained before this page was posted? If so, do you have that permission documented in some way? (If you are a webmaster that republishes the work of others, you should save permission letters.)
3) Keep in mind that if you do not have an authorship notice either at the beginning or end of the piece, it is assumed to be the work of the person who posted it. Therefore, any copied work without such a notice could be considered plagiarized. Plagiarism is a highly unethical action that should be avoided at all costs. Basically, if it's yours, so say. If it's written by someone else, say so. If you don't know who wrote it, say so. But saying nothing implies that it's the work of the poster. If it really isn't the work of the poster, that's serious trouble.
Setting up and running an internet group or website is a big undertaking, and has a lot of work and responsibility attached to it. And yet, when done well, these groups and sites are a valuable contribution to our community. From the great scope of material available, it’s clear to see that the internet can be a valuable contribution to our global community. I'm equally sure that most people mean to share for the good of all, harming none. With a bit of care and consideration, this can be the reality of the internet.
~Flame RavenHawk
April 30, 2004