Bobhegwood.com

There was no internet and podcasting technologies when US copyright laws were enacted. For sure, intellectual property laws of other countries have never heard about them either when they were drafted.

The internet is essentially uncharted territory. It is a global content delivery phenomenon that requires borderless copyright laws to protect original works. Unfortunately, there are no such laws. There is not one global body to govern the internet. Different countries have different levels of copyright protection afforded by different laws and jurisprudence.

The issue of copyright enforcement is largely left to the discretion and responsibility of webmasters and host providers. While they follow the laws in the country where they operate, no such force compel them to do so for laws of other lands.

So when an original work from Russia gets unauthorized publication in web server in the US, the most the work owner can do is to request the website host in the US to take it out from the offending webpage. He can always sue in a US court of course. But such legal action is expensive and seldom taken as their resolution could take years to get done.

Podcasting aggravates copyright issues when original works are published on the internet. It doesn’t help that podcast feeds are syndicated. But it can be good idea for web content owners and publishers to learn about what amounts to fair use practice under current copyright laws. Fair use allows parts of copyrighted materials to be reproduced without the consent or expressed permission from the copyright owner. Pages from books are often photocopied for use in education and research and are not considered infringing on pertinent copyright laws.

The concept of fair use is often contentious. But when in doubt, there are a few conditions to recognize to help web content publishers determine if a potential copyright violation is imminent. Here are some.

1. If the work is expressedly copyrighted it is wise to seek the owner’s permission before publishing it in whole or in part.
2. Portions of a copyright work may be reproduced and while still prudent to seek permission, at least acknowledge the owner in the publication
3. If the reproduction is done in good faith and not meant to enrich or generate profits for the unauthorized publication, the act is defensible.

The fair use doctrine is part of US copyright law allowing publishers to use some copyrighted material without the expressed permission of the copyright holder. It is premised on the belief that the general public and the media, the internet included, are entitled to freely use portions of copyrighted materials.

Fair use is not limited to original works, but commentaries and reviews of such works as well. When determining if a work has copyright protection, it must be noted that the US copyright law does not require a copyright notice to appear for creative works to be protected. The fact that the work is unique and original is enough to ensure protection.

So webmasters and podcasters can better protect themselves by learning the basics of copyright laws where they operate. Such laws are confined to their country of jurisdiction. Though not an excuse to use protected works elsewhere, it makes for a prudent and responsible podcasting to know your responsibilities as an online content publisher.