Legal Question in Technology Law in New York

Internet copyright infringement

I have seen something on another website that I want to use on my own. There is the general copyright on the bottom of the website (copyright company name 1999, All Rights Reserved.

What are the specifics of internet copyright infringement? Is it legal to copy programming code off another website? Is it legal to copy a graphic off another website? If not what changes must be made to the code or graphic so that they may be used legally or may they never be used under any circumstance without written permission?


Asked on 6/04/99, 3:25 pm

1 Answer from Attorneys

Patrick Begos Begos & Horgan, LLP

Re: Internet copyright infringement

"Internet copyright infringement" is the same thing as any other "copyright infringement." The short answer is you can't legally do what you want to do.

Under U.S. law, an author (including artist who created graphic)has a copyright as soon as she puts pen to paper. Absent a defense like fair use (too complicated to get into here and not likely applicable anyway), you can't copy someone else's work. You also can't copy it and then change it. This is called a "derivative work" and only the original author has the right to make one.

This is all, of course, an oversimplification of a very complex issue, with exceptions, and exceptions to the exceptions, etc.

Whenever you are dealing with work someone else created, the safest course (which will be right most of the time) is to assume you can't copy it without permission.

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Answered on 6/08/99, 8:33 am


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