What exactly does ‘fair use’ mean when it comes to online content?
Using copyright material without permission is one of the mistakes copywriters try to avoid the most. While it’s understandable that copyright holders should be protected by the law, we often don’t realise that there is a wealth of material we are permitted to use – as long as we credit the copyright holder. This is known as ‘fair use’.
In the words of internet marketing guru Seth Godin, “copyright is not an absolute. Potato chips are an absolute”. In using this witty expression, Godin is explaining an important fact: I may not be able to take a potato chip from you without your permission – it’s yours after all, not mine. However, copyright does not work like this.
The key to understanding fair use is to remember that you are allowed to quote someone else’s work as long as you give the author credit for what he or she has written. Fair use allows comparisons to be made and permits the free flow of information. Here are some useful facts about what online content you may use:
- You may provide a link to any website without asking the site owner’s permission. You may also freely use a website screenshot in a directory or piece of writing.
- When it comes to written material, you can quote many pages of a book without the publisher’s permission. However, songs and poems are not so free to use – you should obtain permission when reproducing these in full.
- Photos are a tricky subject. If you are commenting on the photo itself (for example, if you write for a photography journal) you may be free to use it. However, when selecting images for your website or blog posts you should be very careful that the image you are using is in the public domain.
Finally, always remember that once you’ve written any original document in a tangible form – be it a Word document, a printout or on a website – it is immediately copyright material. Adding a small © is a useful way of telling others that the material is copyright, but no special registration is needed.