Understanding Fair Use, Public Domain, Creative Commons, and Copyright Law
Copyright laws are exclusive rights given for a limited time that allows original creators or their sponsors set conditions on making copies of an original work. Albeit Copyright puts restrictions on copying; Fair use laws provide exceptions to the restrictions put by Copyright law. It is in order to allow commentary, criticism, citations and other ethical usage of the original work. If Fair Use guidelines are followed with integrity, then it is not essential to take overt permission of the original contributor while adopting their work.
Understanding Fair Use
Ideally, copying a little excerpt or part of the original work with an attribution to the source material would fall under the Fair Use doctrine. Also, if your copying of the excerpt of the work is to harm the original work in any way that is commercial; or otherwise, you would have no right to turn to the Fair Use excuse.
Reworking on an article and ensuring that it passes through Copyscape smoothly is not the solution. Writing a concept down with different words does not make it your idea. The Fair Use doctrine encourages you to indulge in building up on any and all existing ideas; but it is to be remembered that Copyright offers protection to theme of the original idea.
Usage of Material Under Public Domain
Works subjected to the time bound Copyright eventually become open to the Public for reuse. Which means upon expiry of the applicable Copyright, people get open permission to duplicate and reproduce it. They need not take any kind of permission, and one is not even required to make any payment to the original creator in the form of royalties etc to use the material as it is.
Also, if a work is not lawfully covered under the copyright law, it automatically is open to Public reuse. One can reuse such work without having to reach the original creator.
Usage of Material Under The Creative Commons License
Creative Commons is an association that has introduced a medium which can be used instead of traditional copyrights. In this medium copyright, and public domain meet midway; the Creative Commons license allows you to distribute and duplicate work, albeit under pertinent guidelines.
Usage of Appropriate Plagiarism Tools And Copyright Notices
Services on the internet like Copyscape let you defend your website and its content with plagiarism warning banners; in addition to the services that allow you to search for duplicates of your content on the internet.
Services like My Free Copyright go a step further as they allow you securely upload your original creations, following which a virtual fingerprint of the uploaded material would be kept, enabling the said material to be protected as well as registered. Taking these steps help in at-least keeping the vandals who directly copy materials at bay. Again remember these are not full proof solutions into safe-guarding your original work..
Putting appropriate Copyright notices on pages inform readers that material is subject to Copyright protection and that they should be careful when handling them.
Some Ideas May Sound Common
Bloggers might have genuinely come up with common ideas. We live in a small world whereby the entire planet is connected within the reach of one another by a few mouse clicks or keystrokes. Most ideas we hear these days are repetitive and if you think a bit, it is easy to find a link between someone’s apparent original ideas, with something that is already in existence.
Blogging is an experience that is built on making online relationships with likeminded individuals and sharing ideas with them. It’s important to be open to sharing and letting other bloggers build up on your contributions. Progress is not one man’s game; it is the effort of many.
Unless your rank will go down if someone has copied an excerpt of yours, or it is harming you in any way, blogosphere expects bloggers to be open to sharing.
Copyright Laws Vary From Place To Place
It is a well known fact that each country and region works in its own way and is governed by its own set of laws. The law might be similar at large, but then again there are always intricacies and details that are unique to a particular place; as they should be. It is always advisable to approach an appropriate legal consultant. Knowing the generic idea about blogging copyright laws is often inadequate at times; legal help is the best way to go about being safe on the internet. So, when ever your blog reaches substantial size, it is advisable reserve funds for your legal friends.
Over To You
How do you protect your copy-written content? How do you avoid legal problems when using content on your blog? WE’d love to hear your comments.
Disclaimer: This article is not intended for legal advice and we are not legal professionals of attorneys. Seek professional legal advice when need, this article for reference and discussion only.
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Lennart Heleander says:
I use Copyscape, sometimes I find my articles in other blogs and then send I an email and ask them to add a link to my website, or they must remove the article. Often they usually add a link directly.
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Lennart, that is a nice thing to do. It should help your post perform better in the search engines.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
samia says:
Yes is really true. Sometime I find some of my articles in other blog. But how I can stop this.
samia recently posted..Panasonic NN-SN667B Review 1.2cuft, 1300 Watt Black, Inverter Technology
Ganesh J. Acharya
Twitter: seashell_tweets
says:
@samia you can try writing a polite email back to the blogger who copied your material. Again, did you ensure to copyright your original material?
Ganesh J. Acharya recently posted..What does Search Engine Marketing Include?
Bharat says:
From now onwards I’ll be careful while using images of other. Thanks for this info.
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Yes, you should. The original copyright holder might always ask to compensate if they notice a violation, and then you cannot even bargain.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Dave Cole
Twitter: HeyDaveCole
says:
Nice post – this is definitely an area of concern for many bloggers these days considering how easy it is for social sharing sites to start diluting the original source of content.
Dave Cole recently posted..Social Scheduling
Ganesh J. Acharya
Twitter: seashell_tweets
says:
I agree. Sales of the original work might drop down substantially. On the other hand referring the source can enhance profits and is a win win situation for both the original contributor and the blogger.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Word “Incentives” is more appropriate than “Sales”
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Jeremy says:
Copyright laws must be carefully observed especially in blogging. Images is the most common element that are violated.
Isabel Singh says:
I totally agree on this. We must have originality on having our own blog. I believe that having their own errors will build up good concepts.
Isabel Singh recently posted..Glock Sights
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Agreed, people tend to ignore errors and mistakes… while they are often newer perceptions. Don’t get it??? please read these Top 10 Accidental Inventions (http://science.discovery.com/brink/top-ten/accidental-inventions/inventions-10.html), Mistakes that Worked (http://library.thinkquest.org/J0112389/mistakes_that_worked.htm)
But to make mistakes on need to put efforts. Writing an original content is not a easy work, the writer needs to walk through it in practical life.
Ganesh J. Acharya recently posted..Power of Internet (Google, Facebook, Twitter, Linkedin, and lots others)
Amit Shaw
Twitter: itechcode
says:
Nice Article. Thanks for sharing this useful artile with us. We should follow all the tips. Specilly Images part. We should give credit if we are using others picture on our blog.
Amit Shaw recently posted..Features and Review of MacCleanse 3.1.4
Becca says:
I love the points you stressed here. For practicality, Copyright Laws is the most important thing to consider.Everyone should need to comply for their business reputation.
Becca recently posted..24 Hour Electrician Woollahra
Ganesh J. Acharya
Twitter: seashell_tweets
says:
It is not just about reputation, there can be legal consequences upon violating copyright law. The violator will have to pay a legal penalty and damages to the original contributor. Knowingly or unknowingly upon violation the original contributor’s deserved incentives are lost.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Sean says:
There is no way to definitively stop some one from using your content. And if you do find them it is difficult to make them stop. I do agree with one of the comments and think that copy scape is a great tool to start of protect your content
Sean recently posted..Landscaping without a Green Thumb
Abhi Balani
Twitter: abhibalani
says:
Great information about copyrighting. I’ve met an article recently which is almost same as mine article. But technically there is not any copyright violation.
I see many times that blogger twist the content and write it in their own ways. What should we do in that case? May be, he or she has got our content and may be NOT.
Abhi Balani recently posted..Good Blogger And A Good Blog: What Are The Signs?
Alex Sysoef
Twitter: localwebhub
says:
Great post.
Somehow people don’t see Internet as something that is compliant with normal licensing. I have see even my small business clients trying to use images (most often) they have no rights to.
Alex Sysoef recently posted..WordPress Hack Attack Against Login Increase
edgar says:
Great information about copyrighting.It is not just about reputation, there can be legal consequences upon violating copyright law.
Weißwurst says:
In which Category would the GNU License for Software fit? It’s pretty much like the Fair Use concept you talk about, isn’t it? Or am I misunderstanding your post? Thanks
Murray Newlands
Twitter: MurrayNewlands
says:
GNU is what’s called a copyleft license, which means that anyone can copy and modify it as long as they let others use their modifications in the same way. So, it lets people create derivative works as long as the new works are also licensed copyleft.
Murray Newlands recently posted..Social Media Week Malaysia
Anonymous (Read Comment Policy) says:
Copy writing is now a must for each website owner, it may be in form of original content or may be in the form of website design. I make use of copy scape to protect my original content and am able to do that since last long time.
Anonymous (Read Comment Policy) recently posted..Managing The Web Design Team-Gears And Ways
Alex Sysoef
Twitter: localwebhub
says:
Content copy without permission seem to be an issue lately. I have seen it time and time again and it is not limited to just content thieves – people sometimes do it without realizing they have no right to do so.
So important note – be absolutely sure you clearly define your content ownership and copyright!
Alex Sysoef recently posted..Create Optimized Google Places For Business And Local SEO Ranking
Prakash
Twitter: techblowup
says:
I agree with you if we are making some idea from any post and make changes in words that’s not going to be our idea. It’s upn us what we think and what we have to do. I don’t use any type of copy protected things. but now i have to think about it.
Prakash recently posted..Panasonic Eluga: Features And Specifications
Ajnabii
Twitter: ajnabiicom
says:
Hello Ganesh,
Nice post you shared with us, now i will more carefull when i use images on my blog, but still one question is in my mind and want to ask you,
what you think about Image sharing sites like tinypic, ImagesHack, can we use their images on our blog without credit back ?
Ajnabii recently posted..Need online video editing?
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Ajnabii, you need to visit the respective websites and ask them about it. Since these queries are from legal perspective a legal expert would only answer it better. Remember law varies from place to place and from country to country. So, a law that might be appropriate for one place may not be the same for another.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Keith says:
I think what most people slip up and violate is their interpretation of Fair Use. As you pointed out, just because text passes copyscape, if the idea is not unique, then Fair Use still is a problem… Am I understanding this correctly?
Keith recently posted..where to watch free movies online
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Keith, you are right. Copyscape cannot check if an idea is copied.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Minerva says:
I must say that using images that are owned by others can be really lethal. And everyone must be aware of this or else they will be shocked if they are being reprimanded or worst, get sued.

Minerva recently posted..Lower Deer Valley Condo Opportunity
Eren Mckay says:
One of the things that I’ve done in order to not be worried about copyright is just purchase a whole bunch of images. If I find an image on Flickr, I always read the terms and always give them a do follow link back to their page. I’m grateful that they would allow others to use their work, so they deserve a link for sure.
These are some great tips here. Thanks for sharing.
All the best,
Eren
Eren Mckay recently posted..Anne Geddes Baby Shower Invitations
Charles from Michigan Web Design
Twitter: ajacwebdesign
says:
I just grin and bear it. When I find duplicate content if it’s something I value I’ll send a cease and desist letter to the person who posted it. If that doesn’t work a letter to their provider. If that doesn’t work…oh well. It’s usually more trouble than it’s worth to try and police it. Just keep coming up with good quality content and the rest will fall in line. I enjoyed your post, was good stuff.
Charles recently posted..Our first Business 2 Business mixer
beth says:
Its still really difficult to do anything about someone copying your material, as no on really wants to get legal and take it to the next level. Sadly, I think we are all doing the best we can to try and keep our content ours only. Thanks for the clarification on copyright and fair use info.
Shopping Bags says:
There can be common ideas but you can present it in a different style with added ingredients so it will be unique.
Danica Green says:
There will always be common ideas but a common idea can turn to a unique post or material if you will put your own style in presenting your thoughts.
Philppe says:
This was really interesting blog post. Well it has been seen that copyright is an exclusive right given for a limited time that allows original creator or their sponsors set conditions on making copies. I think tips would surely help most of the people. Thanks for sharing it.
Dipendra
Twitter: givemegoal
says:
I have never used any copyright methods. Once my blog content was copied. My blog was about lyrics and their meaning. When I complaint blogger about it, they said nothing could be done until the song was mine. Although the song was not mine, the meaning of the lyrics I interpreted were my words but I could do nothing.
Dipendra recently posted..Manchester City vs Bolton: Match Preview
Ganesh J. Acharya
Twitter: seashell_tweets
says:
@Dipendra did you Copyright the song?
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Kuldeep
Twitter: cooltricksin
says:
I think that All the people who copy contents should stop doing that. And I prefer copyscape to checkout who copies my site’s content and ask them to remove my Posts from there. Nice info.

Kuldeep recently posted..Get More Subscribers To Your Blog: Simple Tips
Travel Uruguay says:
Yes people can copy others content, but SE’s will punish them soon by dropping their rank.
When i use others image from Flikr i give a credit to the original owner below or in image with a text according to creative common license.
Thank you for this nice share.
Ganesh J. Acharya
Twitter: seashell_tweets
says:
@Travel Uruguay, yes you are right, SEs punish people who copy other’s content.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Sadie
Twitter: sadie_lankford
says:
Thanks for breaking this down. Copyright has always confused me. :/
Sadie recently posted..How to do Keyword Research Quickly and Effectively
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Thanks for reading and the appreciation.
Ganesh J. Acharya recently posted..Complying Copyright Laws When Blogging
Henry G. says:
I don’t mind if someone uses my article on their site as long as they link back to me and properly cite me. There’s nothing worse then searching your article by title and having some scraper site rank higher for your article than you do!
Henry G. recently posted..Throw Away Those Glasses & Fix Your Eyes Naturally!
David Sneen says:
This article is of special interest to me, because I believe I have an original concept in my blog. It confirmed my belief that I need to consult an attorney. Thanks for the push.
David Sneen recently posted..How to Get a Lifetime’s Worth of Raises in 4 Years
Alicia says:
Wow… interesting. Now that you’ve asked that question, frankly, I never even thought about protecting the stuff I put up on my blog! Thanks for sharing this article about copyrights. I shall further research on this and protect myself and avoid legal problems!
Alicia recently posted..Top 10 Free Magazine WordPress Themes
Stefan from chocolate says:
I release almost everything I can under a creative commons licence. As far as I’m concerned, if somebody can take something of mine and improve upon it then that is only going to benefit me in the long run.
Ganesh J. Acharya
Twitter: seashell_tweets
says:
Very true. Doing good deeds will always result beneficially.
Ganesh J. Acharya recently posted..Power of Internet (Google, Facebook, Twitter, Linkedin, and lots others)