Copyright+and+Webpages,+inlcuding+user-generated+content


 * Websites**

Not referred to directly in legislation, so apply principles to web sites

Assess what using how using Admin procedures to track material fromother sources, licensed Advice when grey areas

Why does it matter Very visible, so can be found easily · Fine · Had to leave a notice up - shame · Paid costs of other party · Nuisance of going to court · Redo website

Examples Getty images: Searches the web and sends bills Photographer: Searched and found his work online and made £20,000 in one night from invoicing

Types of materials that can be used on websites · Text - copyrighted · Images - copyrighted · Template - may be protected, not always, don't copy · (style, feel, colours) if trademark or ruled as 'passing off' · Video, sound, music, animations - copyrighted · Code - protected (template and animation and game code) · Links - contain code but not a problem, can be an issue with linking

Copyright issues you may have with material · You **reproduce** to have it online · Make it **available to site visitors** to download (prevent downloads) o Cache reproductionto facilitate viewing is not reproduction · You **communica****te** it to the public o You can embed it in your site, not reproduction, but are communicating so may be anissue, not legally resolved, and it is not clear where originates (because of framing in your site) · **Adapt** the work eg translate to other languages (does not apply to artistic work)

Permission to reproduce, communicate, adapt Must be copyright owner · Copyright expired in Australia, but may be still protected in another country (if photo pre 1955, if artist dies pre 1955) o Not protected by server being in Australia, other countries may still protect work Possible solutions: Examples Jurisdiction: If slandered under Australian law, in a publication available in Australia, can use Australian law to sue Images/Text: don't just change a few things in an image, don't create art from a photo unless it is yours. If you copy badly you could be bringing their reputation into disrepute. A short quote from a long work unlikely to be a problem.
 * Put up notices
 * Only sell in countrieswhere complies
 * Where is it meant to be read, who is the audience

What exceptions are there? If you are using a substantial part: Very few exceptions because of the open accessibility

· Fair dealing o Purpose of reporting news, sufficient acknowledgement (name of work and creator) but the length of time that this is news is limited, so archiving could raise issues if use exception instead of getting clearance o Criticism and review, using piecharts (these are art) or snippet of music to discuss, no time frame, can archive, but always include name of work and creator o Parody and satire, may raise moral rights o Do not rely on library and educational exceptions for the web o Government has provisions to use but have obligation to notify and then pay, so ask for clearance first. o Check the Copyright licence to see if fits what you want to do

· Organizations do not create, people do o If staff create as part of job, company owns o If contractor outside government, you have a licence, you can include in contract o If created in past, is there an agreement? o Government owns rights unless written differently o Volunteer owns their work unless government directs... o Material older than 10 years, produced by volunteeror contractor then may not have right to publish online, may just be able to use print o Make an agreement and check your a greement, eg professor at university hired for research, his inventions were his and worth millions o Government report created within government using photos from a photo library, those may have different Copyrightowner than the report creator

· Have good takedown process unless use all own material, then no problem

· Third party material, check their statement, many give away ownership o Creative commons so can use, there are levels, check what they really mean § No derivative means no translations to other languages etc § Share alike means you share too § Read the licence in full in legal language § Non-commercial purposes may mean not __primarily__ commercial § Attribute in the way they want (even if gross user names) and refer to creative commons licence o There are o ther licences also

· RSS feeds o Check rules of feeds (N Y Times have pages of rules) o What rules will you make for your feeds

· Match your licences with what you plan for your visitors

· Collecting society for licences, eg APRA (music and lyrics) may not cover what you want so contact, but if recording, then need permission/conditions from record company first before you pay APRA, conditions may be that you only offer it streamed (record companies have been burned and may not give any permission)

· Photo libraries may limit resolution to limit printing or require watermarking

· May get licence, and may need admin to make sure annual fees and paperwork all done

· Viscopy licences for high end art

· Can have royalty-free licence which is good if doing site for someone else, as pay upfront instead of regular or usage payments

Moral rights · Attribute clearly and reasonably prominently in relation to the work. To attribute on another page, get permission, attribution applies to staff who produce even if do not own Copyright · False attribution is if you change it and keep attribution · Change integrity

Examples of changing integrity
 * using as a wallpaper so the image is not properly viewed
 * change colour so looks silly
 * contextualising
 * reduce size from designed poster to small brochure and font cannot be read damages designer reputation

Links · Links OK, unless framing · If technology is available within that webpage, not just general technology, then can be issues with downloads o YouTube example § If uploaded, included embedding information then OK as implied use

Hiring Developers · Warranties and indemnities needed · Ensure contract allows you to get someone else to work on site · Both owner and developers should get advice

Protection · More exposed and at risk on web · Include a Copyright notiice · Licence stating what can be done without further permissions · Can reduce resolutions, stream, disable access to code · Licence that can only use, and have to tick the Agree box, must make the click to agree before can download, position material, make mandatory · Add metadata to content that includes licences and Copyright

**User-generated content** · User creations and uploads · Less control · //Nothing// //like// //Australia// parody site · More than legal, also community expectations eg Facebook rebellion

Copyright · Ownership, sometext literary works eg most Twitteror basic blogentriesbut a compilation of tweets can create afinancial backlash, if not a Copyright issue (community expectation) · Ownership depends on terms o Website owner(even ifuseragres to this, if it is from a third partymay not have right to it) o Contributor o Third party · Implied licence to keep on web site if upload it · Upfront get an express licence where stated what you can doby including it in upfront sign-up, so can use downstream (other uses after upload and show) · Case by case, can alter rule, got to chase these people, can you trace them, saves you looking acquisitive up-front · Can use licences instead

Legal issues · Libel and defamation · Obscenity

Licences · Bare licence is one that can be revoked or withdrawn by Copyright owner, this is a risk, owner needs to be given consideration, exchange of value · May need a more comprehensive licence

3rd partymay be posted without permission by user, what exceptions are there? · Fair dealing limited o Criticism and review o Reporting news o Parody and satire

Responsibility if infringes third party rights · You are communicating, keeping on server · Safe harbor for carriage service providers in australia but not website owners, considering univerisity protection o Safe harbor in the states says if you remove it as soon as advised o Canada is considering fair dealing for this, but seems to be protecting the user o Britain considering new exception for mashing stuff up(creative, transformative)

Solution if no safe harbor to prevent costs like taking it down, getting rid of downstream use, paying an invoice for use · Monitoring, mediating or running risks · Terms of use probably not read, but make them an agreement with sign off o Educate using plain language up front, and FAQs o Make it so they have to scroll throughall the conditions · If want visitors to be able to use the material users upload o If allow creative commons then be clear that the licence you give is covered by the licence you get o Allow persons to choose what licence they give · If see a site with fair use exception listed, it could be American · Within community, may have issues that the community expectation · May need advice about minors uploading or signing up, agreement · Reaching agreements with industries in advance about what to do with material o Some arrange to have it removed eg audio removed o Some happy to have it to stay as good for them o Others split the profits from advertisements · Safest to use the principles for user generated content that the big boys use: www.ugcprinciples.com · Respond quickly and politely and deal effectively with complaints from Copyright owner (can cost more if treat complainant badly) · Linking to other material is low-risk · Monitoring can take time, if your users are likely to be uploading 3rd party material will determine if mediate upload or monitor after o Check for background music on home .video etc.. · Legal document can have Copyright, don't just copy as the situation may be different, it may not be australian law, they may not have been competent