Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistFeaturesCopyrightsIntellectual PropertyInternet LawLitigation

Copyright and Internet Content

By Jonathan Bick
March 01, 2021

Internet content rights may arise automatically when original content is published online. Internet content authors and artists may enforce their rights by excluding others from copying their work or claiming it as their own pursuant to copyright laws. While these rights granted to Internet content authors and artists are copyright protected, that protection does not extend to facts or ideas, though it may protect the way those facts and ideas are expressed in the internet content.

Internet publication of content can determine the value of content and in conjunction with registration (17 U.S.C. §409(8)) which provides jurisdiction over content disputes. Additionally, publication online impacts the duration of copyright protection among other purposes including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

The 1976 Copyright Act (17 U.S.C. §101) defines publication as the distribution or offering to distribute copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending, but a public performance or display of a work does not of itself constitute publication. The courts have filled in some gaps in the Act by, for example, finding that distribution by someone other than the copyright owner would result in publication. Thus, since the Internet permits anyone to access copies of content, the copyright owner who posts a work online is providing the public with access to copies, and, therefore, the statutory definition indicates that the content has been published.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.