Legal Issues for Congregation Web Sites

Frequently Asked Questions on Web policy

 

Getting Permission to Publish: Ten Tips for Webmasters

  1. Assume It's Protected
    It is wise to operate under the assumption that all material is protected by either copyright or trademark law unless you have good reason to believe that it is not.
  2. Read Click-Wrap Agreements
    Many companies offer artwork, photos and other materials for re-use — alternately called clip art, royalty-free work, copyright-free work, shareware or freeware. Do not assume that these materials can be distributed or copied without permission.
  3. When in Doubt, Seek Permission
  4. Know Your Site Statistics
    Copyright issues on the Web are constantly evolving, and the fees for permissions (often called "licensing fees") are often arbitrary. Fees can range from $50 to several thousand dollars, depending on the use and the site.
  5. Pay Less
    You can save money on fees by keeping your requests as narrow as possible. For example, don't ask for "worldwide rights, all languages" if you need rights to only the English version of a song.
  6. Watch Your Links
    Links carry the potential for getting into permissions trouble.
  7. Don't Count on Fair Use: It's Not Always Fair
    "Fair use" is a copyright doctrine based upon the principle that the public should be entitled to freely use portions of copyrighted material for purposes of commentary, criticism or parody.
  8. Remove Unauthorized Material
    If someone complains that you are using material on your Web site without proper authorization, you should immediately remove that material.
  9. Disclaimers May Help
    A disclaimer is a statement denying an endorsement or affiliation with another site or company.
  10. Visit Collectives or Clearinghouses
    The most useful sources for licensable works and for permission information are copyright collectives (such as Creative Commons) or clearinghouses.

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Intellectual Property Checklist

  1. Everything (text, graphics, video, music) is your individual original work or you have written agreement from every author or co-author.
  2. No others' work is used anywhere without written agreement from the copyright owner or:
    o Work is confirmed as public domain; or is
    o Legal opinion of judgment of Fair Use.
    o Others' works cited (no plagiarism). [Plagiarism and infringement are separate]
  3. No trademarks (may include product, service, company, building name/image) used; or
    o Written permission from trademark owner; or
    o Legal opinion of judgment of Fair Use
  4. Permissions for locations use. Permits/licenses for filming.
  5. Written releases from all actors and persons depicted (state law of right of publicity)
  6. Parent/guardian co-sign with any minor (generally under 18 years old).
  7. Prudence. All content frequently backed up on separate media, with a backup also off-site.
  8. Copyright registration application filed within three months of first showing/publication.
  9. Foreign laws and issues evaluated if any creation of distribution outside the United States. Special issues if a coauthor is not a U.S. citizen residing in the U.S.

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Sample permission forms