Web Presentation Guide 5.1
Copyright

Action
Place a copyright notice where it can be easily located. The copyright symbol and notice are typically placed at the bottom of each Web page.

When hiring a contractor to design a Web site, include “work made for hire” language in the contract to secure copyright ownership on behalf of your agency.

Why
A copyright notice is an identifier placed on original creative works to inform the world of ownership. Copyrighted material cannot be used or copied without proper consent of the Web site owner.

What/How
Although the use or registration of a copyright notice is not required for copyright protection, it is highly recommended and should be placed on every Web page.

  • The copyright notice protects original works of expression the moment they are created.
    • Registration creates a public record of the copyright claim and (for U.S. works) is required before filing an infringement lawsuit in court. Registration may also make attorney's fees and additional damages available in a successful lawsuit.
  • A copyright notice consists of the copyright symbol © or the term "Copyright," followed by the year of first publication for each applicable copyright and the name of the copyright holder.
    • When placing a Copyright notice, consider showing a range of years, such as: Copyright © 2001-2005 by Washington State Department of Information Services.
    • A date range can also be used to indicate multiple separate copyrights on a single page.
    • Some browsers may have trouble displaying the copyright symbol correctly. Include both the term and symbol in the copyright notice, e.g. Copyright © 2005 by Washington State Department of Information Services.
    • Some programs allow you to create a copyright symbol by holding down the Alt button and typing 0169 on your keypad.
  • For Web sites, determine the scope of the creative work to be protected under copyright law and whether the agency is the owner.
    • Covered works can include: Web pages, source code, object code, user interface, displays, text, scripts, graphics, audio, video, and data.
    • Although protected by copyright, unmarked creative works may appear to the user as Public Domain material. Public domain materials can be used freely by anyone for any purpose.
    • For work created by a contractor, a "work made for hire" agreement in the contract will secure copyright for the agency.
  • Consider linking the copyright notice to another page on your site that provides a detailed copyright statement including "conditions of use" that describe circumstances under which others may use your copyrighted materials.
    • For example, an agency may want to encourage others to use its materials for non-commercial and/or educational purposes. A "conditions of use" statement could describe these circumstances and avoid the need for users to obtain written permission to use the materials for such purposes. This will protect the agency's copyright.
    • The linked copyright statement may also include contact information for others to report alleged copyright infringement. See the Access Washington example.
Checklist: Copyright
TopicComplete
a. Include the copyright symbol and statement at the bottom of each page.
b. When hiring a contractor to design a Web site, include “work made for hire” language in the contract to secure copyright on behalf of your agency.
c. Consider linking the copyright notice to another page with details such as “conditions of use” and/or contact information for reporting alleged copyright infringement.
d. Although protected by copyright, unmarked creative works may appear to the user as Public Domain material. Public domain materials can be used freely by anyone for any purpose.


Resources:
United States Copyright Office Copyright basics, Frequently Asked Questions
Franklin Pierce Law Center: Copyright on the Internet Copyright limitations
Stanford University Libraries: Web Permissions Copyright fair use and website permissions


Related guide topics

 

| Home | External Links | Privacy | Site Map | Copyright © 2009 by DIS