Table of Contents
If you are planning a business website in the UK, you may be wondering if you can use material from other web pages or blog posts. Copyright protects this material alongside many other types of creative work. This article will explain what you need to know about copyright, using content from other businesses’ websites, and when you can use other people’s content.
What is Copyright?
Copyright is a form of intellectual property protection. Intellectual property describes anything created by the mind. Copyright protects the expression of creative ideas, including original content on websites, writing, drawings, songs, films, photographs, art and more. When you copyright a piece of work, you can use the copyright symbol to show that it is protected.
Copyright automatically arises when you create a work, so you do not have to register your work to obtain this protection. Additionally, copyright protections last for the author’s entire lifetime, plus 70 years. It also provides legal protection against other people using your material without your permission. That means if you copy another person’s material without permission, that is copyright infringement. You are risking the owner taking legal action against you.
Asking Permission
If you want to use material from other people’s website content and want to know your options, the first step is to review their website terms of use. The website terms of use will usually have information about how you can use the website. There should always be a specific term that confirms who holds the copyright for the website’s material and who you should contact to ask permission to use any material from that website. The website owner may agree to let you use the content, often in return for a fee.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Stock Images
Many websites use stock images that they have purchased a licence to use. They might also use royalty-free images. Therefore, the person who owns the website may not be able to permit you to use a specific image, since they are not the copyright holder. If you like a particular photo on a website and would like to use it yourself, you can ask the person for permission, or if they purchased a licence to use it, who they licenced it from. If you find the picture on a stock image website, then as long as you buy the suitable licence for the image and follow any specific instructions to crediting the image, you can then use that image.
Do I Need to Ask Permission?
There are circumstances when you may not need to ask for permission from the copyright holder to use their material.
Creative Commons Content
When you are examining a website’s terms concerning the use of their intellectual property, you may see reference to creative commons content. Creative Commons gives greater rights to other people to use the content. However, there are six different types of creative commons licence, and many of these do not allow for commercial use, so you need to check the specific form of creative commons licence that the author is using. Generally speaking, even if the author allows commercial use of their material, you will need to credit the original author.
Public Domain Content
If material is in the public domain, you can use it. Public domain works are usually creative works where the copyright has expired. Creative Commons also has a public domain tool whereby creators can ‘give up’ their copyright entirely and put their work into the public domain. It is rare for a commercial company to do this, so confirm that the original content you wish to use is public domain work. It is also essential to ensure that you use a public domain version of a particular creative work.
Fair Dealing
Under UK copyright law, you can use copyright-protected material under the ‘fair dealing exception’. Fair dealing allows you to use copyright-protected work in a limited way.
Fair dealing is more likely to relate to criticism, review, or news reporting for commercial businesses. For example, if you host a book review site, then limited use of the book’s contents may be permissible.
Suppose you want to use copyright-protected material under fair dealing. In that case, you will need to consider whether your use of the material affects the original author’s ability to make money from their work in any way. Additionally, you will only be able to use part of the work in question. You can only use the amount of work that allows you to accomplish your task.
Key Takeaways
Generally speaking, you cannot use content from other websites without seeking permission from the copyright owner. As a first step, you should check the website’s terms of use policy to see what it says about intellectual property and who to contact to ask permission. You may be able to use material without the copyright owner’s consent if your intended use comes under the fair dealing exception, if the content has a creative commons license, or if it is public domain content.
If you need help understanding when you can use content from other websites, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
You may have come across the term ‘fair use’ rather than ‘fair dealing’. These are not the same thing. Fair dealing is used in the UK, whereas fair use is an American concept. Fair use is a broader concept than fair dealing, potentially allowing greater use. If you are researching what may be okay for you to use on a website in the UK, it is vital only to consider what would be fair dealing in the UK. ‘Fair use’ may mislead you about what would be considered okay in the UK.
A website’s legal pages, like terms and conditions, privacy policy, disclaimers and cookie policies, are also copyright-protected content. Therefore, you cannot use them without the copyright owner’s permission. In addition, your website’s legal pages must be specific to your own business and fit your needs and your situation. For this reason, you should not copy another website’s privacy policy.
We appreciate your feedback – your submission has been successfully received.
