Key Takeaways

  • Copyright protection online begins at creation and covers web content such as text, images, and multimedia.
  • Fair use, DMCA, and website terms of use are critical legal considerations when navigating copyright and the internet.
  • Creators should register their works and consider watermarking or licensing for added protection.
  • Website owners can take advantage of DMCA takedown notices to address unauthorized use.
  • International copyright laws vary but are harmonized under treaties like the Berne Convention.

Copyright protection on the internet provides the original authors and artists the right to prevent others from copying or taking the original work and claiming it as their own. Copyright laws in the United States give protection to the author or creator of any original works. This covers anything that falls under the following categories: literary, dramatic, musical, artistic, architectural, and other intellectual works.

Original work can qualify for copyright where it can be seen the author used their own expression and did not copy from someone else's work. If a compilation is created, the United States Supreme Court has ruled that the compilation must be original in the arrangement or how it selected data.

When Does Copyright Protection Begin?

Federal copyrights begin when the work is in a tangible form, such as a photo or a book. Also, this applies to the work regardless of whether it is on a hard drive, computer discs, film, or tape. The copyright notice must meet the proper form, which is "Copyright or © (date) by (name of owner or author)." For example, "Copyright 2018 John Smith" or "© 2018 John Smith."

Under the Berne Convention, copyright protection for any work created after April 1, 1989, is put in place automatically upon creation without the need for a declaration or assertion. This means as soon as the work is written or recorded in a physical medium, copyrights are automatically given to the author. If the author grants rights to the public domain or another person, this removes the copyright protection from the author.

Copyright Registration

To increase your chance of legal protection in case of copyright infringement, you must register the work. Registration is recommended, as this is a requirement to file an infringement lawsuit. If you register within three months of creation or before any infringement occurs, you can sue for statutory damages. If you do not register in the timeframes listed, you may only seek actual damages. By registering, you are increasing your financial award possibilities dramatically. Instead of $10, you could receive $150,000.

Copyright Protection on the Internet

Copyright on the internet covers web pages and their content. The following are also covered:

  • Overall design.
  • All links.
  • Original text.
  • Graphics.
  • Audio.
  • Video.
  • Any additional original elements.

This is critical to note because if any of these elements are used on other websites or are posted elsewhere without permission of the owner, that constitutes is a copyright violation. Scanning any materials from published periodicals and books to post on the internet without permission is also a copyright violation. If you plan to use any copyrighted material, it is best to request permission. This is an easy process and only requires that you contact the owner. Email is the easiest course of action and provides documentation if needed at a later date.

Fair Use and Online Exceptions

Fair use is a critical exception to copyright that permits limited use of copyrighted content without permission for purposes like commentary, criticism, news reporting, education, and parody. When determining whether fair use applies, courts consider four main factors:

  1. Purpose and character of the use – Non-commercial and transformative uses (e.g., adding new meaning) are more likely to be fair.
  2. Nature of the copyrighted work – Factual works have more leeway than fictional ones.
  3. Amount and substantiality – Using small or less significant portions favors fair use.
  4. Effect on market value – If the use negatively impacts the original work’s market, it’s less likely to be fair.

Even on the internet, fair use is not guaranteed. Simply giving credit to the original creator or using content “for educational purposes” doesn’t automatically qualify as fair use.

Website Terms of Use

Every website should list restrictions on content used in a Terms of Use. In the Terms of Use, website content is broadly defined and includes the following:

  • All materials.
  • Text.
  • Graphics.
  • Images.
  • Logos.
  • Photographs.
  • Illustrations.
  • Audio clips.
  • Video clips.
  • Audiovisual material.

The Terms of Use should clearly state that all content on the website is protected by copyright and any associated intellectual property laws. It should also state that the website owners, affiliates, and if applicable, third-party licensors own all content. In the case of third parties, a license agreement will be in place to allow the website owners to use their content.

The Terms of Use should also include any restrictions related to how the content on the site can be used by the users in a section called Limitations of Use. The restrictions may include that users cannot modify, copy, transmit, sell, reproduce, or license any of the content. If the users are allowed to download content for personal use, this will be stated in the Limitations of Use.

Best Practices to Protect Copyrighted Work Online

To reduce the risk of infringement, consider the following online protection strategies:

  • Use watermarks on images and videos to assert ownership.
  • Add copyright notices to your website and media (e.g., “© 2025 Jane Doe”).
  • Use digital rights management (DRM) tools for media like PDFs or videos.
  • Restrict right-click functionality on websites to deter easy copying.
  • License your content with Creative Commons or other licensing models to control usage.
  • Register your work with the U.S. Copyright Office to improve legal enforcement options.

Digital Millennium Copyright Act (DMCA) Takedown Process

The DMCA provides a legal framework for content creators and website owners to address unauthorized online use of copyrighted material. If your copyrighted work is posted without permission, you can issue a DMCA takedown notice to the internet service provider (ISP) or platform hosting the infringing content.

A valid DMCA takedown request should include:

  • Your contact information.
  • A description of the copyrighted work.
  • The exact URL of the infringing material.
  • A statement of good faith belief that the use is unauthorized.
  • A declaration under penalty of perjury that the information is accurate.

Service providers who comply promptly gain a “safe harbor” against liability. Repeat infringers may be subject to account termination.

Copyright Infringement Cases

There have been multiple copyright cases where parties have used copyrighted material from a website on another website or message board without permission. These cases have included digitized materials that were then posted on the internet, unauthorized use of software distribution, and religious texts. In these cases, the copyright owners won their cases because they were able to show copyright infringement took place.

International Copyright Considerations

Copyright laws vary by country, but international treaties help establish baseline protections. The Berne Convention, signed by over 180 countries, ensures that authors receive automatic protection in member states without needing to register their work in each jurisdiction.

However, enforcement challenges remain due to:

  • Differences in legal standards.
  • Varying interpretations of fair use or moral rights.
  • Difficulties tracking and pursuing infringers across borders.

Creators with global audiences should monitor international use of their work and consider registering copyrights in key markets when applicable.

Frequently Asked Questions

1. Is everything posted online automatically copyrighted? Yes. Original content posted online is automatically copyrighted upon creation under U.S. law and the Berne Convention, even without a notice or registration.

2. Can I use someone’s image or text from a website if I give credit? No. Giving credit does not eliminate the need for permission. You still need a license unless the use qualifies under fair use or public domain.

3. What happens if I receive a DMCA takedown notice? You must either remove the infringing content or submit a counter-notice if you believe the claim is mistaken. Failure to comply may lead to account suspension or legal action.

4. How can I prove copyright ownership online? Keeping original files, publishing timestamps, and registering your work with the U.S. Copyright Office help prove ownership in disputes.

5. Does copyright protection apply to social media content? Yes. Tweets, photos, videos, and other original content shared on platforms like Instagram or X (formerly Twitter) are protected under copyright law.

If you need help with copyright protection on the internet, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.