Careful review of Terms of Use (TOU) may keep you from infringing on the copyrights of others, as we discussed in Part I. In this part we will discuss why it is important to know that you can use TOUs to protect your own work from abuse by others.
If you were contributing to a print work, you would likely ask for an agreement stating how your content will be used and what benefit your contribution will bring you. If you are contributing to a website, it is important to know what the site plans to do with your content and what it will allow others to do with it.
Site hosts may include language in their Terms of Use that covers how they will treat the content in your submissions to their site. To be certain you have control of your own content and can make informed decisions about how it is used, be aware that a TOU can bind you to allow various uses. The TOU may state that in placing your content on the site you are granting the host a worldwide license to reproduce, use, distribute, modify, adapt, publish, translate, and publicly perform your work. Some TOUs contain language that even goes so far as to allow others to change the format or medium in which it is delivered and to claim the right to change to a medium not yet created.
Flicker, for example, allows you to keep your copyright on photos you share there, but retains the right to change your images. The Terms of Use explains that this gives them ability to post in various sizes, etc.
Sometimes instructions for requesting permission to use content will be in a TOU, sometimes it will be in a section titled “Permissions.” These instructions are important. Following guidelines regarding use of content you are copying into your work, possibly on your website, protects you from claims of infringement and your work from being removed or shelved.
Copyright compliance instructions should be included on your own webpage or in your book as well. This protects your work by informing others of your desire to have it used in a certain way and stipulates a certain method to request permission.
Example from Copyright Clearance for Creatives, page 87:
For permission to use any portion of the content in this book (or on this website, in the article, or other source), send your request to ____________________________ (Provide your mailing address, email address, or link.)
When planning a publication, whether it is a newsletter, blog, or a book, it is always a good idea to incorporate Terms of Use language about copyrighted content uses. This is the informed way to protect yourself and your work.
Want More About Copyright Law?
Order your copy of Copyright Clearance for Creatives for a basic overview of copyright law and essential guidelines on when, how, and where to get permission to use copyright content in your works.