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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).