RE: copyright and internet

[Edward Barrow <edward@xxxxxxxxxxxxx>]

On Thursday, July 24, 2003 4:51 PM, McElrath Andrea 
[SMTP:mcelrata@xxxxxxxxxxx] wrote:
> Hi,
>
> I'm not sure if this topic was ever covered but it has come up with 
another
> librarian here and since I wasn't sure of the answer I thought someone 
else
> might have some insight so here is the question:
>
> Is it legal to copy and use items found on the internet on another web 
site?
> To clarify, an image was found in google's image search engine, copied 
and
> placed on an associations web site.  Should credit be given as to where 
this
> came from or no?  If the image was found on another web site, could one 
copy
> it and use on their own or an associations web site?

Copying someone else's work requires permission, unless the use is othewise 
permitted - e.g., in the USA, it is a fair use. The fact that you found the 
image on a website makes no difference; it's copying, and you should get 
permission. Besides, whatever the law says, it would only be polite to do 
so and to provide a due acknowledgement to the person who created the 
image.

On another list there has recently been quite intensive discussion as to 
whether just making an inline link to the other image would constitute an 
infringement; the law is unclear on the point. But downloading the image 
file, and uploading it to your site, is definitely an act of copying - and 
it's unlikely to be a fair use, although there are others who are better 
qualified than I to examine the point in detail.

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
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