Ethics for Web Developers

Fair Use and Intellectual Property, two legal terms that have risen in popularity over the past few years. This no doubt being fueled by the World wide Web. Access to other people's information and work has never been as easy as it is today. What is to stop a web developer who is pressed for time and resources from using someone else's design or work? In reality, not much. If you think you can win a battle in a court of law and have the money to do so, you may want to try. For most of us thought, we'll want to maintain professional ethics and to do the right thing. Let's take a look at some of the things we should be aware of as web developers.

What is a Copyright?
a Copyright basically means the right to copy. The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

The Canadian Intellectual Property Office (CIPO), a Special Operating Agency (SOA) associated with Industry Canada, is responsible for the administration and processing of the greater part of intellectual property in Canada.


When you create a work or other subject-matter protected by copyright, you will automatically have copyright protection provided that, at the time of creation, you were:

1. a Canadian citizen or a person ordinarily resident in Canada; or
2. a citizen or subject of, or a person ordinarily resident in, a Berne Copyright Convention country, a Universal Copyright Convention (UCC) country, a Rome Convention country (for sound recordings, performer's performances and communication signals only), or a country that is a member of the World Trade Organization (WTO) country; or
3. a citizen or subject or a person ordinarily resident in any country to which the Minister has extended protection by notice in the Canada Gazette.
   

You do not have to register your copyright to have protection in Canada, but when you register with the Copyright Office, you receive a certificate which can be used to your advantage in the event that your work is infringed.

A certificate of registration is evidence that your work is protected by copyright and that you, the person registered, are the owner. In the event of a legal dispute, you do not have to prove ownership; the onus is on your opponent to disprove it.

However, registration is no guarantee against infringement. You have to take legal action on your own if you believe your rights have been violated. Also, registration is no guarantee that your claim of ownership will eventually be recognized as legitimate. Note too, that the Copyright Office does not check to ensure that your work is indeed original, as you claim. Verification of your claim can only be done through a court of law.

What is "Fair Dealing"?
People such as critics, reviewers and researchers often quote works by other authors in articles, books, and so on. Are they infringing copyright? Not necessarily. The Copyright Act provides that any "fair dealing" with a work for purposes of private study or research, or for criticism, review or news reporting is not infringement. However, in the case of criticism, review, or news reporting, the user is required to give the source and the author's, performer's, sound recording maker's or broadcaster's name, if known.

The line between fair dealing and infringement is a thin one. There are no guidelines that define the number of words or passages that can be used without permission from the author. Only the courts can rule whether fair dealing or infringement is involved.

What constitutes infringement?
A copyright gives you the sole right to produce or reproduce your work, through publication, performances and so on, or to authorize such activities. Anyone who does such things without your permission is infringing, that is, violating, your rights. Naturally, if you publish, perform or copy anyone else's work without their permission, you are infringing their rights.

One specific form of infringement is plagiarism. This is copying someone else's work and claiming it as your own. An obvious example would be taking a novel that someone else wrote and publishing it under your own name (or pen name). Plagiarism can also entail using a substantial part of someone else's work. An example would be copying a novel, and simply changing the title and names of the characters.

Some activities, if done in private, are not considered infringement. For example, if you give a private performance of someone else's song, or play, in your own home, this would not be infringement. Making a copy of a musical tape for private use is not infringement because a royalty payment to the owners of the song rights has been paid when the blank audio tape was purchased. On the other hand, making a copy of a videocassette movie protected by copyright is infringement, even if you only watch it in your own home.

Using Art on the Web
Copyright - You should consider everything you see on the net to be copyrighted. Chances are it was created by someone at sometime at someplace. It belongs to them regardless of how it may have ended up in your hands.

Where do you get art?

• Make it yourself - Pickup a camera (digital is great). Use a graphics program like Photoshop to create your masterpiece. If you are using recognizable people, have them sign a release form.
• Hire someone - There are plenty of great illustrators and photographers out there. Call them up. Some are starving!
• Ask for permission - Locate the person(s) who created the piece you are interested in. Perhaps they will let you use it.
• Buy it - There are companies that will provide almost any type of artwork or illustration you can imagine - for a price. That price is often dependent upon how the piece will be used, circulation etc.

Royalty Free or Rights Protected
Often you may purchase 'Royalty Free' or 'Rights Protected'. Royalty free means once you have paid for it you may use it as much as and however you like (almost). Rights protected means that the image will only be used by you at a certain time and in a certain way. This would prevent two competing companies from using an image in similar ways at the same time.

Use it how you want (almost)
Models have rights, even after they have signed a release form. You must not use an imagine of any recognizable person that would be humiliating, libelous or defamatory to that person.

Some companies to buy from:

• EYEWIRE
• COMSTOCK
• IMAGE BANK