©opyright and the internet

The current law of copyright: A work of intellectual property is protected under US copyright laws the moment it is fixed in a tangible form. Therefore, every picture on the Internet is subject to copyright even if it does not have the copyright logo. However, this does not mean that you cannot use photos from the Internet. There are several ways to lawfully use copyrighted photographs:

• cite the source
• get permission
• pay royalty fees
• claiming fair use

You do not have to cite your source if you took/created the photograph. Otherwise, you should always cite your source, even if it is fair use and there is no copyright label, just to be safe. This is because fair use can be contested in court. It is subjective and it helps your case if you cite the source. If the image is copyrighted you should ask the photographer/designer for permission to use it. They can either allow you to use it or charge you a small royalty fee. The last option is claiming fair use. There are four criteria that are applied when deciding if the use was fair use:

1. The nature of the work being produced. Ex: fair use is easier to claim when using an academic journal rather than People Magazine.
2. Why the work is being produced. Ex: fair use is easier to claim when using a photo for a non profit organization rather than for monetary gain.
3. The amount that is copied. Ex: fair use is easier to claim if a couple sentences from a book are copied rather than ten pages.
4. The impact that the reproduction has on the ability of rights holder to profit.( This is what carries the most weight)