Re: web site features: fair use? or allowed via contract with freelancers?

On Wed, 8 Mar 2000, Julie Cason <julie[_at_]icopyright.com> wrote:
>
> * * *
> Apologies for resending this, but I hadn't received any responses over
> the last week (which is unusual for this list).
> * * *
>
> I'm wondering if any of you have legal insights into the now-pervasive
> web site features of "Print This Story" (printer-friendly versions
> created from content-rich web pages) and "Email to a Friend".
>
> It seems that publishers, by providing these tools, are enabling (if not
> actually authorizing) readers to easily make copies of online works. If
> the publisher owns the copyright to the works, all seems perfectly fine
> and within the owner's rights to allow.
>
> However, if the works were originally created by freelance authors,
> there are at least 2 scenarios:
>
> 1) the publisher's contract with the writers (photographers, artists,
> et al) specifies that the Web site publisher retains the right to
> enable emailing and printing.
> 2) or the contract is silent on these Web site features/utilities.
>
> I would very much appreciate feedback along the following lines:
>
> 1) copyright disputes over enabling these features (esp. in light of
> Tasini v. New York Times)
> 2) if you haven't heard of any disputes, whether you think there might
> be merit in some
> 3) and any of this list's typically insightful, incisive analysis.

I'm not an attorney, but I am a writer and a website designer, so maybe the way I handle this situation will be informative for you:

As far as I can tell (although it seems that copyright issues are only ever clarified in court, not by the original laws), the copyright for Web page content belongs to the designer, unless the designer is working specifically under a "for hire" contract.

Because of this, I provide my customers with a letter that transfers the copyright to them after finishing the project (and getting paid for it). I consider this just a formality, but it's better to make everything clear.

Regarding written materials that the site allows people to forward via e-mail or print, I would consider this to be a "fair use," just as if someone were to tear out a magazine article that I had written and mail it to a friend. It still doesn't allow the website visitor to claim the work as their own or violate any other copyrights; so I wouldn't expect my customers to pay me anything extra or put any clauses in my contract with them.

Regards,

Colin Goff
Riley communications
<colgoff[_at_]worldnet.att.net> Received on Thu Mar 09 2000 - 13:26:55 GMT