“We always include copyright information if it is available,” reads the ‘legalese’ at the bottom of one e-zine.

Excuse me? Copyright isn’t something that is or isn’t available. Copyright exists from the moment a body of work is created, and it rests solely with the creator of that work. In order for anyone to reprint or use the creation, they need to ask for and receive permission from the original creator. If you don’t have the permission of the writer or the artist or the photographer, you shouldn’t be reproducing the work.

The publisher of the e-zine in question is misinformed about what copyright means, and it could end up costing him a lot of money in a court of law. This particular publisher is reprinting articles from popular books like “Chicken Soup for the Soul” as well as other e-zines. Even when the original author’s e-mail address is available, the publisher hasn’t tried to contact the author for permission to reprint an article. Instead, this publisher reprints the article, and if a byline is available, he will include it. In other words, every time he publishes an issue of his e-zine, he is violating a law.

Ignorance of the law is not a defense. If you have a Web site or publish an e-zine that includes information (in any form) that hasn’t been created by you, you need to be aware of the laws regarding copyrights, or you could end up paying a hefty price.

Adding Content to Your Site or E-zine

From the time you place your first page on the World Wide Web or from the time you send out your first e-zine, you need to be aware of copyright issues. Copyrights can be confusing, but it is easier (and cheaper) for you to do your homework first rather than having an attorney or a judge teach you about copyrights.

Many assume they know what copyright means and when it is in force, but it is always better to know the facts than to make false assumptions.

Brad Templeton tries to clear up many of the myths surrounding copyrights in his article, (http://www.templetons.com/brad/copymyths.html) 10 Big Myths About Copyright Explained.

Even the big boys of publishing have been known to fumble when it comes to copyrights. Both Contentville.com and iUniverse.com are being investigated by the National Writer’s Union for copyright infringements.

Infringement can and does end up in the courts. In the October 2000 edition of Writer’s Digest magazine (http://www.writersdigest.com), a full page ad carries a legal notice concerning a copyright infringement lawsuit involving The Uncover Company. The full details of the settlement can be viewed at http://www.uncoversettlement.com.

Finding Good Content

One of the best’s way to find good content for your Web site or e-zine is to hire a professional to produce it for you or to produce it yourself. Many Web sites and e-zines, however, are working on a shoestring budget. So rather than hiring or producing original content, publishers rely on reprints. This is where the copyright web begins to tangle around many unsuspecting publishers. To stay out of the Copyright Web, keep these tips in mind:

=> Reprints aren’t always free. Even if the article has appeared in another publication, copyright is still a factor. If you read an article you feel would be an asset to your e-zine or Web site, contact the author or the publication in which it appeared to inquire if the article is available for reprint and under what conditions.

=> Join a list where members post articles available for reprint as long as
certain guidelines are followed. The e-mail group requires publishers to notify authors after publication. Some authors, when posting articles to the list require to be notified in advance of publication, as well as having a copy or URL sent to them after publication. Before using any article from this type of source, you should make sure you are complying with all of the requirements of both the list and the individual author. If you don’t, you could be guilty of copyright infringement.

=> Become familiar with copyright rights and issues. A good source for publishers online and off is Giving Credit and Requesting Permission: Guidelines for Using Material Other Than Your Own. http://www.oreilly.com/oreilly/author/permission

=> Know and understand the difference between Fair Use and Copyright infringement. While you should never reprint an article without permission of the author, you can make references to and quote from an original body of work without the author’s permission. You should give credit to the original source, and you should use a very small portion of the original work. Fair use would allow you to say:

In her article, Never Ever Change A Quote, Linda Sherwood offers writers 10 tips to quoting accurately and effectively.

But it would not allow you to reproduce the article entirely or even a large section of it. To find out more about Copyright and Fair Use go to http://fairuse.stanford.edu.

Everything Has A Cost

Groups offering free articles can offer your publication high quality content at a price you can afford — free. The type of articles offered cover a wide range of interests. The author includes a resource box at the end of the article, which must be published. Most authors require the article and the resource box remain unchanged. The idea is to offer content to publishers and offer promotion to the authors — sort of a “you scratch my back and I’ll scratch yours” kind of arrangement Problems occur, however, when publishers don’t follow the groups and/or author’s guidelines before publishing the article.

Even when articles are offered for “free,” authors are expecting a payment. In the case of groups like “Free to Publish In Yours,” authors are often hoping to promote a product, book, Web site or to gain a published clip. Publishers need to remember to follow through and “pay” the writer by sending them a copy of the finished e-zine or URL.

If a significant amount of time has passed, pertinent information may have changed. The author may have a new book to promote or a new e-mail address. This is another reason why it is a good idea to send the creator of the work a quick e-mail requesting permission before you use their article. By letting them know in advance, you are letting them get the maximum benefit from your publication.

Links as an Alternative

If you can’t afford to pay for content or you can’t figure out who the author or copyright holder is, but you still want to include content you found on another Web site, there is another way. You can provide a link to the content you want that will take your visitors to the original publisher. The downside to this method is once visitors leave your site, they may not return.

Other Resources

To find out even more information about copyrights and the Internet highway, visit these sites:

C rights in e-mail http://www.ivanhoffman.com/derivative.html

Who owns the Copyright in your Web site? By Ivan Hoffman http://www.ivanhoffman.com/website.html

Internet Law Simplified By Ivan Hoffman

http://www.online-magazine.com/copyright.htm

Publishing Laws and Other Articles of Interest

http://www.publaw.com/articles.html