It has been brought to our attention that pictures, descriptions, and
designs have been taken from Lakeroad Ferret Farm Rescue Shelter and are
posted on another for profit business site relating to ferrets.  We have
contacted the offending site with no response as of yet.  This has been
brought up on the FML before but I think that it needs to be addressed
once more.
 
Digital or electronic content, such as e-books and photographs on Web
sites and electronic databases are subject to the same protections under
the U.S. Copyright Act as non digital, traditional or paper based works.
In addition, some specific provisions relating to digital content were
established in the 1998 Digital Millennium Copyright Act (DMCA).
 
It is a common assumption that online content is not copyright protected
and therefore it may be freely used and modified without permission.
This is not true.
 
Many people also believe that if a Web site does not contain a copyright
notice the content contained on that site is not subject to copyright law
and may be freely used and modified without permission.  As outlined in
Copyright 101, this is also not true.
 
When considering copyright law and protection as they relate to digital
content, common assumptions are often incorrect.  The fact is that almost
all content on the Web or in any digital or electronic form is protected
by copyright, and you must obtain permission from the copyright holder to
re-use it.
 
What Is "Fair Use"?
The distinction between "fair use" and infringement may be unclear and
not easily defined, according to the US Copyright office website.  There
is no specific number of words, lines, or notes that may safely be taken
without permission.  "The safest course is always to get permission from
the copyright owner before using copyrighted material.
 
Innocent Infringement
Under current copyright law, "innocent" infringement is an infringement
nonetheless.  The minimum statutory damage award is $750 for each
infringement and in some states, each copy is a separate act of
infringement.
 
Who Can Reproduce the Work?
Title 17 of the United States Code governs federal copyright protection.
Generally, that statute gives the author -- or owner of the original
work -- the exclusive right and authority to allow others to use or
reproduce the copyrighted work.  Copyright protection lasts for the
duration of the author's life plus an additional 70 years after the date
of his or her death.  In some cases, it may last even longer.  Many state
laws, however, vary from federal law, making it confusing for business
owners to determine what rules apply to them.  Since copyright violations
can result in hefty fines the matter is worth some investigation.
 
Because of technological advances many of the current lawsuits involve
electronic media, but print still presents its share of potential
pitfalls and the lists of lawsuits continue to add up.
 
Copyright holders can file suit against business for copyright
infringement, and can seek both injunctions and damages.  In some cases,
damages can mean actual financial loss when the copyright holder can
calculate them.  When they can't, statutory damages, representing assumed
losses suffered by the copyright holder, are set by the court.  Counts of
infringement in a lawsuits are determined by the number of different
copyrighted items that were copied.
 
I hope that this will make things clear it can cost you dearly by taking
and using things from a website without permission.
 
Harry
Webmaster for Lakeroad Ferret Farm Rescue Shelter
[Posted in FML issue 4900]