Hi frank_rizzo,
Briefly, in this day and age, copyright is automatic as soon as
something original is produced, and that includes work displayed on
the internet. If you want to copy and publish something onto your own
website, then you must ask for permission first. However, "facts" are
not copyrightable (although the *expression* of facts is) and it could
be that your nutritional data falls within this exception. Since
you've noticed the same information repeated on various sites, I would
suggest contacting one of the websites and asking if you need
permission to reproduce the information - they should be able to tell
you the source and status. In regards to Fair Use, something must be
used for the purposes of criticism, comment, news reporting,
not-for-profit educational purposes, scholarship or research.
>>>>>>>>>>FACTS
Is the work protected?
"Copyright does not protect, this Policy does not apply to, and anyone
may freely use*:
* Works that lack originality
o logical, comprehensive compilations (like the phone book)
o unoriginal reprints of public domain works
* Works in the public domain
* Freeware (not shareware, but really, expressly, available free of
restrictions-ware -- this may be protected by law, but the author has
chosen to make it available without any restrictions)
* US Government works
* Facts
* Ideas, processes, methods, and systems described in copyrighted works"
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#first
>>>>>>>>>>COPYRIGHT
"The copyright conventions help to regulate copyright worldwide by
giving a nation's citizens copyright protection in an international
environment. Under the Berne Convention it is not necessary to have
the copyright symbol (©) on the work; only the author's name is
required. The UCC, however, requires the symbol with the date of first
publication and the author's name. (3). In the United States anything
created after April 1st 1989 is copyrighted even if it does not have a
copyright notice. Although in the United States a copyright notice
helps to attain monetary damages, it is not necessary to claim
copyright protection (4). Therefore, basically everything on the
Internet, whether it has a copyright symbol or not, should be
considered copyrighted."
http://www.noemalab.org/sections/specials/tetcm/copyright_internet/law_eng.html
Copyright and the Internet:
"Even if no copyright notice appears, the material is copyrighted
since it was published on the Internet after 1989. the year when
copyright notice was no longer required."
"You may not copy material from a Web site onto your site without
permission. You may provide a link, however."
"You may copy if permission is expressly granted on the web site from
which you are taking the information."
http://www.pnc.edu/cd/copyright/internet.html
10 Big Myths about copyright explained:
"For example, in the USA, almost everything created privately and
originally after April 1, 1989 is copyrighted and protected whether it
has a notice or not. The default you should assume for other people's
works is that they are copyrighted and may not be copied unless you
know otherwise."
"Postings to the net are not granted to the public domain, and don't
grant you any permission to do further copying except perhaps the sort
of copying the poster might have expected in the ordinary flow of the
net."
http://www.templetons.com/brad/copymyths.html
"Copyright protection, unlike patent protection, is automatic. As soon
as the work is fixed in a tangible form it is protected under
copyright law. You do not have to place a copyright notice on a work
for it to be protected, but this is a good idea because it tells
others to whom the work belongs."
"In the past, works without a copyright notice were considered to be
in the public domain. This is no longer true. The Berne Convention
Implementation Act of 1988 provides that copyright protection accrues
automatically when a work is first created and notices are no longer
mandatory."
"The term public domain is often misused when talking about works that
are publicly available, such as software, text and graphics
distributed electronically. These works are generally not considered
to be public domain works and require that you obtain permission from
the copyright owner to use them. Many works are distributed with
certain permissions expressly granted, and if so, you may use the work
only for the purposes stated. If you wish to use the work for any
other purpose, you require prior permission fromthe copyright owner."
"Many works may not contain a copyright notice or any information on
the copyright owner. Even so, if these works were created after 1978,
they are not public domain."
http://www.ucop.edu/ott/crbasics.html
When is my work protected?
"Your work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either directly or
with the aid of a machine or device."
http://www.copyright.gov/help/faq/faq-general.html
Copyright Laws and the Internet:
"Works put on the Internet are considered ?published? and therefore
qualify for copyright protection. A work put on the Internet is not
considered public domain simply because it was posted on the Internet
and free for anyone to download and copy. You need permission from the
site owner to publish any materials, including photographs, music, and
artwork from the site."
http://www.legal-database.com/copyright-laws-internet-law.htm
>>>>>>>>>>REGISTERING
What is a registered copyright?
"Copyright is granted automatically, but you must register the
copyright with the Library of Congress to be able to sue if someone
infringes your copyright. The registration process is inexpensive and
may be done at any time up to 3 months after the infringement has
occurred. If you register prior to infringement you are able to sue
for additional damages and attorneys fees."
http://www.ucop.edu/ott/crbasics.html
>>>>>>>>>>FAIR USE
Chapter 1: An Overview of Copyright: II.I. Fair Use:
"Probably one of the most misunderstood concepts in copyright law is
fair use. This is a doctrine that provides a defense to copyright
infringement for some acts. But determination of whether or not
something is a fair use is fact-intensive. No particular act is
automatically fair use, and all four factors listed in Section 107
must be considered:
Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright."
http://digital-law-online.info/lpdi1.0/treatise13.html
>>>>>>>>>>Additional Link:
Copyright on the Internet Quiz:
http://literacy.kent.edu/Oasis/Workshops/copyquiz.html
>>>>>>>>>>
I hope I've been able to make this clear for you. If you have any
questions, please post a clarification request before closing/rating
my answer and I'll be happy to assist you. Remember, when in doubt,
ask permission.
Thank you,
hummer
I have researched many copyright issues and was able to access my own
documents to answer your question. |
