Napster case sheds light on copyright online

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The Napster case is a reminder that what may seem like a good idea or an acceptable use of the Internet's vast network in the beginning may, in the long run, have us singing the blues. |ret||ret||tab|

No one's denying that it was a good idea. |ret||ret||tab|

It was an innovative product and concept that seemed to embrace the very essence of the Internet as an open exchange of information. |ret||ret||tab|

The driving force behind Napster Inc. was a downloadable software program that facilitated the transmission of mp3 audio files (mainly songs) between and among its users through a process commonly called peer-to-peer sharing. |ret||ret||tab|

With Napster, however, we were reminded that technology tends to advance much faster than the law. |ret||ret||tab|

That explains why, in July, after more than a year of operation, a district court judge ruled that Napster likely was guilty of copyright infringement, a decision upheld by the Ninth Circuit Court of Appeals on Feb. 12.|ret||ret||tab|

The purpose of copyright is to provide legal protection for original works. |ret||ret||tab|

The basic principle behind copyright law is that the creator of any work has a right to ensure that unauthorized people aren't using the work for unauthorized reasons. |ret||ret||tab|

While companies may not be in the business of swapping mp3 files, they are affected by the issue of copyright infringement if they have a presence on the Web. |ret||ret||tab|

It's best to protect a company's assets and practices by adopting a "better safe than sorry" mentality.|ret||ret||tab|

Nearly every business with access to the Internet has realized it can be a wealth of information. |ret||ret||tab|

Where research once meant trips to the library and hours at the copier, information on nearly any topic is now available through just a few keystrokes. |ret||ret||tab|

However, any time information is downloaded from the sites of other companies or organizations (an annual report, a published article), there is a risk of infringing on the rights of a copyright holder. |ret||ret||tab|

Most material on a Web site is copyright-protected. While many sites provide a copyright notice, many do not. The absence of such notice does not give the user free rein with the material.|ret||ret||tab|

With every rule there are exceptions, and with copyright law, one exception is the doctrine of fair use which first entered the picture in the1800s. |ret||ret||tab|

The fair use doctrine has four aspects. It considers:|ret||ret||tab|

The purpose and character of the use, |ret||ret||tab|

The nature of the copyrighted work,|ret||ret||tab|

The amount and substantiality of the portion used in relation to the copyrighted work as a whole and |ret||ret||tab|

The effect of the use upon the potential market for or value of the copyrighted work. |ret||ret||tab|

Consider Internet usage in light of the fair-use doctrine. |ret||ret||tab|

For example, making single copies of a work posted on the Internet for research or personal use purposes may be permissible. |ret||ret||tab|

However, printing the material and redistributing it may be outside the safe harbor of the fair-use doctrine.|ret||ret||tab|

On the other side, there are precautionary measures to take to protect original information that is included in a site's content. |ret||ret||tab|

While some things ideas, slogans, Web site addresses cannot be copyrighted, the creative aspects of a work can be protected. In order to fully benefit from copyright protection, the individual or business should apply for federal copyright registration through the Library of Congress. |ret||ret||tab|

The process is fairly simple and inexpensive, especially when one considers the cost and time involved in a copyright lawsuit. |ret||ret||tab|

Also, in linking a site to others, remember to acknowledge the source of all linked material. Including graphics or photos from another page could be outside the fair-use doctrine. It would be acceptable to link to the source of any graphics or photos.|ret||ret||tab|

While seemingly simple, copyright laws can be complex, especially when they are applied to the relatively new environment of the Internet. Consult an attorney with questions about protecting a company site's content or to ensure that the company's Internet practices are in compliance with copyright law.|ret||ret||tab|

|bold_on|(Joseph L. Johnson is an attorney with Lathrop & Gage LC.)[[In-content Ad]]