Visit my other Web Design Blog Page!! Creative Websites!!

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Web Site Blogs | Creative Web Concepts | Natalie McNamara

Hi Guys,

Just to let you know that I also have another Blog Page, this is and will be blogs of different subjects that are related to Web Design, Updates of my work and Portfolio, What’s new, Web Site Tips and Ideas, Small Business Tips and Ideas, Companies I recommend, Places to go and see, Events to go, Music and some other general thoughts and discussions. There are some blogs on there already and if you would like, please link your blog page if you have one to this page or my other Creative Websites blog Page to keep up to date with new and up and coming blogs.

So here is the link to have a look at also http://creativewebconcepts.com.au/blog/

Thanks for dropping by and having a read of my blog, please read some of my other blogs, visit my web site, ring or email me for any more information on this or any other queries you might have or suggestions or wanting some Website advice or queries.

Thanks again,

Natalie

Creative Web Concepts
Website Designs

http://www.creativewebconcepts.com.au

Natalie McNamara
natalie@creativewebconcepts.com.au

Creative Web Concepts, Professional Web Site Designs

Update | Natalie McNamara;

Hi, everyone,

Just a quick update, I have now registered my business and Domain name today, Im so excited about it all, can’t wait until I am up and running with my web site and getting my name out there in the Website Design Industry.

I will keep you updated with things and when my site is up and running, so watch this space and thanks for all your support.

Thanks

Natalie McNamara
Contact me @ natalie@creativewebconcepts.com.au

http://www.creativewebconcepts.com.au

http://www.nataliemcnamara.com.au

What do you do when there is “unauthorised” use of your material???….

Image via Wikipedia

Copyright;

Here are your options:

Get Advice QUICKLY:

It is a good idea to get Legal advice is you detect unauthorised use of or access to material on your site. Whether or not you are able to take any action will depend on whether there has been any infringement of Your Copyright or a Breach of Any other Law (example unauthorised use of your logo  that has Trade Mark Rights).

Whether or not there has been an infringement of copyright, it will depend on factors such as the following:

• The material used was protected by copyright:
• The use was one controlled by you as the copyright owner or exclusive licensee;
• Less than an important part was used; and
• There is a special exception or defence that allowed the use without a clearance.

Decide what you want:

Again, with your Legal adviser, you should decide how you would like the matter resolved and what you want from the person or organisation which has infringed your Copyright. You are entitled to demand any one or all of the following:

• That the infringement stop;
• That infringing copies of your material be delivered to you, or disposed of as you direct;
• That any master copies or plates used to make infringing copies be delivered to you, or disposed of a you direct; and
• That either you are paid for the use of the work or given the profits the infringer has made.

Contact the infringer:

If you did receive legal advice that you have a basis for your claim, and have decided what you want from the infringer, you will need to decide whether or not to try to resolve the matter by informal negotiations. Often people don’t mean to infringe copyright, they do so through ignorance of the law or carelessness. In these cases, people may be willing to settle the matter in a friendly way if they are contacted informally by the Copyright owner direct.

Court action:

If the matter cannot be settled after you have done the above and sent a letter of demand, you will need to decide whether or not you will take the infringer to court. If you do decide to take legal action, you should have course, first discuss with your lawyer the chances of success, the likely costs and the likely award of damages.

If you are successful in court, you can be awarded a number of remedies, including the following:

• Damages (an amount of money to compensate for the infringement; in some circumstances a court may award additional damages if the infringement is particularly bad);
• An account of the profits made by the infringer;
• Delivery up of the profits made by the infringer;
• Delivery up of the infringing articles (if the infringer is unable to do this i.e. if the articles have been sold, he or she may be ordered to pay “conversion damages”.
• An injunction (a court order prohibiting the other party from continuing to infringe copyright).

Other considerations:

You should also consider whether or not you should amend any statement you have used on your site to clarify what you are and are not happy for people to do with material on your site.

Unauthorised access to “locked” material:

If there has been unauthorised access to “locked” material (example material requiring password access), you may be able to take legal action, under the C opyright Act, Against the manufacturers or suppliers of the circumvention device or service used to get access.

Should the Copyright Act not entitle you to take legal action under Against the manufacturers or suppliers of the circumvention device or service used to get access, you may get a result in an infringement of Copyright or other legal remedies, such as Breach of Contract and Breach of Confidence.

Removal of electronic rights management information:

There are civil remedies and criminal penalties under the the Copyright Act, against people who intentionally remove or alter electronic rights management information, which are also remedies and penalties for certain dealings with this.

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Reference: From Australian Copyright Council, Websites and; Copyright Book.

Natalie McNamara
Web Site Designer

natalie@creativewebconcepts.com.au

What Work is Not Copyright- Protected?…?

There are a few things that are not copyright protected, these being Names, Titles, Slogans, also Ideas, Facts, Information, Techniques and Images of people;

 

The Copyright Act does not state whether or not names, titles or slogans are protected by copyright. Although there have been some court cases involving those. If they are Not Protected this is because of the following:

• The name, title or slogan is not a “literary work” for the purposes of copyright law; and/or
• The name, title or slogan is commonplace and not “original” for the purposes of copyright law.

Also, ideas or concept, in itself is not protected by copyright, facts, information, systems, functions, methods or techniques are not protected by copyright either. Copyright only protects the way the idea or information is expressed as in the following:

• In Writing – for example, as a written report or a newspaper article;
• As a Table or Chart;
• As a Drawing or Other Visual Representation, such as a logo;
• As a Compilation of Words, Figures or Symbols – for example, a directory.

But, if you do the following then you are In Breach of Copyright Protection and could have legal implications, as in:

• The Idea was Communicated to you in Confidence; or
• Your use of the idea has a misleading or deceptive effect (for example, if people think you are associated with the person who first implemented the idea)

Lastly, Images of people has limited legal means of controlling the making or use of photographs or other images of him or her, if that person is not the owner of copyright in the image. Although a famous or well known person may be able to prevent the use of an image in a manner that suggest they’ve endorsed or approved its use (example, in connection with advertising something).

 

This reference is from and for more information please see –

- Book – Websites & Copyright by Australian Copyright Council.

Image from Google Images Legal pictures.

What is “Rights Management” and how does it work?…….?

My old cat “Astro” Birman - Seal Point, sadly no longer with us. (©Natalie McNamara 2007)

Copyright | Legal

Rights Management is when you should establish a Rights Management Strategy. This being an inventory of all the material on your web site, including information about who owns it and what the copyright clearance conditions relating to it are. Also it may include incorporating rights management information into material on your site, so that subsequent uses of the material can be tracked.

My Oriental Lilies I grow in my garden with the early morning sunlight shining through. (©Natalie McNamara 2009)

The rights owner of the this content may require a report of activity to them as one of the clearance conditions, and in a particular reporting format. It should also be noted that privacy issues may need to be addressed in this case, you may need to fully disclose the use of, and what you intend to make of this information gathered from these people using your site.

Included in Rights Management you should have a good system for documenting  any material you publish online, its copyright status, and what rights you have for it, this is called Documenting Clearances, a documentation system will help you do the following:

• find information about what you own (which you may have to prove if there is an unauthorised use of material on your website); and
• keep track of clearances relating to material on your site (for example, if there is a query about whether something on your website is licensed or not).

If you own copyright in the relevant material, it is useful to record:

• the basis on which you own copyright (if you own copyright because it has been assigned to you, you should have a written assignment of copyright signed by the copyright owner);
• whether you own the entire copyright, or just part of it and, if you own only part of the copyright:

             -  which part do you own?; and

             -  who owns the other part/s of the copyright?

If you do Not own copyright you should record the following:                                                                           

• whether or not you have a clearance in relation to the work;
• whether a decision has been made as to whether a clearance is required, and if not, the basis of that decision;
• who any clearance has been obtained from;
• whether a clearance was obtained, and how long it lasts; and
• the term of the licence (what uses in the licence granted for, and what terms or conditions apply, for example).

This reference is from and for more information please see –

- Book – Websites and; Copyright by Australian Copyright Council

for more information contact natalie@creativewebconcepts.com.au

When Creating New Material What Must You Do To Protect Your Leal Rights??

Image by DE-VE via Flickr

When Creating New Material you must do the following to Protect Your Leal Rights;

Firstly, you need to have a Copyright Notice on your web site and on the Material (you want covered) on the site – you should remind people that when accessing your material that it is subject to copyright. This notice should be clearly labelled “copyright notice” and with the “©” symbol next to the material, followed by the name of the person or organisation to whom claims to own the copyright and year that that material was first published example of this  “© Webdchat 2009”.

Clearly state what you allow and clearly prohibit – state what, if anything, visitors are prohibited to do with your material on your site ie print, download for personal use or for non-commercial purposes; and

Clearly state what, if anything, visitors are prohibited from doing with your material on your site, making sure that the said material may not be used for commercial purposes or may not be distributed in any altered or incomplete form.

Thirdly, ensure that visitors see any terms of use – if you wish to impose terms or conditions on the use of your material from your site, you may need to ensure that people accessing the relevant material can only do so After they Accept those Terms or Conditions in exchange for the access. Make sure that relevant licensing information be visible and clearly available in More places than Just on or from your site Home Page.

Reference – Book – Websites & Copyright by Australian Copyright Council

Creating New Material, what to do?…….

Ref: White Tigers - stock.xchng

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You can create your own “New Material” or you can hire a Website Developer or use pre-existing material. If you decide to use a web developer you would own the copyright unless you have an agreement with the developer that differs to this.

The other option you have is hiring an Independent Contractor or Freelancer and they will own the copyright unless you have an agreement with them that differs to this.

Make sure you have a clear agreement about the terms and conditions of the copyright before any work is carries out for either option.

If you choose a Website Developer you will also have to address the following issues:

• Testing & acceptance;
• Mechanisms for fixing problems;
• Responsibility for clearing rights;
• Design credits.

Or If you choose Engaging someone to produce new content address the following issues:

• Description of material;
• Delivery;
• Rejection of word;
• Obligation on creator to amend;
• Ownership of copyright in the material created;
• Ownership of physical media on which material is stored.

It is recommended that any agreements on these matters be drafted by a Lawyer with relevant expertise in these areas.

Reference: Book – Australian Copyright Council – Websites & Copyright