There are a number of misconceptions that many people have regarding the images, sounds, music, video and text that they find on the Internet. Here are some common misconceptions and responses to why you as an individual should be careful what you reuse from the Internet:
"I found it on the web so it must be in the public domain."
Response: Just because something is available on someone's website or a company's website does not mean that you have the rights to reuse it elsewhere. If you can't find clear statements about the copyright of the item, you may be able to assume that it is copyrighted.
"The copyright owner couldn't possibly find out that I used their copyrighted content."
Response: There are spiders that crawl the web actively looking for copyright infringements. Furthermore, some companies are specifically tasked with the purpose of tracking copyright infringements such as Copyspace, FairShare, etc.
"I cited where the item came from, so I can't be violating copyright."
Response: Attribution doesn't constitute permission. If an item is copyrighted and you're using it for certain purposes, attributing the item to the original author does not necessarily justify your usage of the item.
"I'm not publishing the material, it's just on my website."
Response: Putting something on the Internet can in some cases constitute publishing, therefore, you need to get permission before using others content there.
"My usage of this content constitutes "fair use."
Response: Fair use is a defense, not an exception, so if a copyright owner contested your usage of their content, you'd have to go to court to straighten that out. There are a number of factors that would then be reviewed (*in court*) to determine if the use in fact was "fair use:"
To avoid struggling with the nuances of copyright, use public domain, open access, and Creative Commons content!
The following table highlights some items that are currently in the public domain. For more information see Cornell University's Guide to Copyright.
| Date of publication | Conditions | Copyright Term |
|---|---|---|
| Before 1923 | None | Public domain |
| 1923 through 1977 | Published without a copyright notice | Public domain |
| 1923 through 1963 | Published with notice | If the copyright was not renewed, then it is in the public domain. If the copyright was renewed, then 95 years after publication. |
| 1964 through 1977 | Published with notice | 95 years after publication |
| 1978 to 1 March 1989 | Published without a copyright notice | Public domain OR 70 years after the death of the author (plus many other restrictions) depending on whether or not the item was registered |
| 1 March 1989 through 2002 | Date of creation | Depends on the date of creation |
| After 2002 | None | 70 years after the death of the author (plus many additional detailed restrictions) |
| Anytime | Works prepared by employees of the U.S. government as part of their duties | Public domain |