A virus that has plagued small business websites for years has become alarmingly widespread in recent times. We are not referring to an outbreak of the flu or a computer virus, but rather the frequent occurrences of photographic image and text theft throughout the Internet.  The increased popularity of having a web presence has resulted in more new businesses publishing websites every day. Unfortunately, whether it is blatant unethical business practice or a lack of knowledge of the copyright laws, many new businesses are using photos and or text taken from established websites, thus violating Federal copyright laws.  Certainly, this is an unacceptable business practice and must be stopped.  However, can we really stop it and find a cure?
Is there a perfect solution to stop image and text theft? We might suggest applying the “disable right click” code onto sites. Another deterrent may be applying a watermark or copyright symbol to the image.   Both of these are good ideas, but a well-informed web person or a good photo program can “undo” these techniques.
So what are we left to do?  We must educate ourselves and others about copyright laws, keep a vigilant watch on the Internet for violators, and report them immediately.
To begin educating new business owners, we must first understand the copyright laws.  The following information was obtained from the U.S. Copyright Office and gives a brief overview of the copyright laws.  Please visit them for more information.
What is Copyright? – Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
Who can claim Copyright? – Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
What works are protected? – Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
1.      literary works;
2.      musical works, including any accompanying words
3.      dramatic works, including any accompanying music
4.      pantomimes and choreographic works
5.      pictorial, graphic, and sculptural works
6.      motion pictures and other audiovisual works
7.      sound recordings
8.      architectural works
How To Secure A Copyright? – The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. There are, however, certain definite advantages to registration. See “Copyright Registration.”
Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm.
Notice of Copyright – The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA, request Circular 38b.
The Copyright Office does not take a position on whether copies of works first published with notice before March 1, 1989, which are distributed on or after March 1, 1989, must bear the copyright notice.
Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.
The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all the following three elements:
1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and
2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
Example: © 2002 John Doe
The idea of placing a copyright notification like the above example on each of your photos is a good idea.  While the removal of this ‘stamp’ is possible in a photo-editing program, the ‘stamp’ itself may prove to be a good deterrent.  It also shows a possible thief that you are aware of the copyright laws.  Having a statement on your site saying something to the affect of “All images found on this site are © 2003 XYZ Baskets.  All violators of the copyright laws will be prosecuted.”  This statement may also work as a deterrent.
*Note:  Placing a copyright notification on each of your photos and a copyright statement on your website may be an effective deterrent.*
How long Copyright Protection Endures – Works Originally Created on or after January 1, 1978
A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death.
What do you do if you find that someone has stolen your pictures or text?
Copy the site to disk so you have proof of the theft.
You (or your attorney) need to contact the offending website with a cease and desist order insisting that they remove your image.
Send the same information to the websites hosting company. Per the Digital Millennium Copyright Act of 1998, a service provider must adopt and reasonably implement a policy of terminating in appropriate circumstances the accounts of subscribers who are repeat offenders.  For a full copy, visit Digital Millennium Copyright Act of 1998.
The copyright laws are clear and concise. The photographic and text theft that is occurring on the internet is a Federal offense and prosecutable.  If you are new to business and the internet, keep this information in mind when creating your website and utilize your own work.  We all need to be familiar with the copyright laws, and become proactive. We can accomplish this by:
·        Educating new business owners
·        Being vigilant in reporting violators
·        Informing the violators that this is an illegal practice and prosecutable
Small businesses need to band together to prevent this unethical and illegal business practice. We must treat the symptoms of this widespread virus in order to find a cure.