Of the hundreds of Web sites I've looked at last year, I'd estimate that up to one-third of them appear to be using copyrighted material from other sources. For example, if you sell auto insurance and copy an auto image from the Chevrolet Web site to illustrate auto insurance on your site, that's a no-no. Taking content from somebody else's Web site and re-using it on your own site may be a copyright infringement and could expose you to legal consequences.
This article is not intended to provide legal advice. Instead, it is meant to make you aware of a widespread practice that we discourage. If your Web site uses content from other sources without permission, we'd recommend removing it and replacing it with copyright-free alternatives.
Common violations
The kind of material that most often appears to be copyrighted material from other sources falls into one of three categories: 1) photos, 2) maps, and 3) educational content.
Photos: As mentioned above, copying an auto image from an auto manufacturer's Web site and re-using it for commercial purposes without permission is probably a copyright violation. The same applies to copying boat images from a boat builder's site, houses from a realtor's site, RVs from an RV builder's site, etc. Many copyright notices forbid copying a Web site's material and re-using it for commercial purposes, but they don't always spell out what is meant by that. It could be argued that re-purposing a copied image on an agency's Web site constitutes a commercial purpose even though the image is used as an illustration to augment textual content.
Maps: Many Web sites include copied MapQuest images (or similar type images from other sources) to illustrate an agency's location. My interpretation of the MapQuest copyright leads me to believe that such a practice is forbidden. MapQuest does allow individuals to make copies of maps for personal use, but does not authorize commercial use of them. MapQuest does authorize linking to their Web site and offers other commercial services.
Educational content: Many sites include educational content, FAQs, glossaries, explanations of insurance terms, and other information that appears to be directly copied from other sources. True, some providers do make their content available via a license, but that material should be appropriately attributed. A tip-off that agencies are copying someone else's material is when the editorial tone and writing style is different from the other agency-generated text.
Alternatives
Assuming you'd rather be "safe than sorry" and wish to remove copyrighted content, what are your options?
Photos: You could take your own photos. That will take effort, but you'll get the images you want. You could also purchase photos and graphics from online sources, stock agencies, or photo disc collections (CD-ROMs) that contain thousands of images.
Maps: You can provide links to map sources, though that creates a few extra steps for the visitor. Alternatively, you could create your own maps in a graphics program. Depending on your location, major streets are all that's necessary, and the map graphic can also be augmented with a written description.
Educational content: You can write your own, though that will take effort. You could also seek reprint permission from original sources and include an attribution note. Also, if you opt to use purchased or licensed content, seek permission to edit it for your needs. Many available glossaries, for example, are over-kill and contain useless esoteric information.
When it's all said and done, make sure your Web site stands on firm copyright ground. Don't tarnish your agency's image through the improper use of somebody else's Web site content.
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