Using Copyrighted Material Online
Posted: March 23, 2009 » by Lead Architect » in Content; Graphic Design; Tips and Support
Before you post an affiliate or customer logo on your web site, it’s a good idea to get permission to do so. While it’s not illegal (yet) to link to any web site you desire, it is illegal to post logos, graphics, or content items that belong to another party. You could be infringing on a copyright or trademark and have a nice little cease and desist letter waiting for you in the mailbox.
If you are writing about a company or product, you can use a logo or product image under what’s called the “Fair Use Doctrine“. Fair Use says that you can use limited portions of a work for commentary, criticism, news reporting, and scholarly reports. Just how much is considered “fair” depends on a number of circumstances however.
Since Fair Use is so subjective, we recommend obtaining permission before using works by others on your web site.
Sample Copyright Permission Letter
Feel free to use our sample permission letter (Microsoft Word format) as a starting point for your correspondence with a copyright holder.
Permission Letter Tips
1. Send your letter in writing, complete with a self-addressed and stamped envelope. (Make it easy for them to grant your request.)
2. Send two copies of your letter – one for them to sign and keep and one to send back to you.
3. Explain exactly how you intend to use their work. (Supply a link to the specific page where their item will appear or show an example of the type of posting if possible.)
4. Describe how the use of their material is mutually beneficial (such as by driving traffic to their web site, for example.)
Some usage requests can be made from the owner’s web site. Freddie Mac, for example, provides an online form for logo use permission requests. A number of organizations have published logo usage terms and requirements on their own web sites. Generally, they will supply you with official copies of their logo so that you won’t try to modify them, which would generally constitute a violation of their usage terms. Check company web sites for online request forms or file availability before sending a permission request letter.
For an excellent 3 part article about online copyright, copyright infringement, and content theft, check out Web Site Content Theft by Janice Byer for About.com.
Questions about online copyright? Contact us for the answers!
** Please Note: Netdrafter does not administer or track copyright permission for customers. We assume that you have the necessary permissions to use any content you provide to us for web development purposes.