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Before the Auction: Understanding Copyright

When you first start selling at online auction sites, you might not think that you'll need to know the ins and outs of copyright law. Well, you certainly don't have to be an expert, but there are a few basics you should be aware of. Read on for a general overview of copyright as well as more specific information geared toward the online auction user.

Copyright 101
Copyright law protects original "works of authorship" that are "fixed in a tangible medium of expression." Per the Copyright Act of 1976, that includes the following: literary works (novels, magazine articles, CD-ROMs, computer software); dramatic works (plays, operas); pantomimes and choreographic works (ballets, mime works); pictorial, graphic, and sculptural works (paintings, photographs, graphic art); motion pictures and other audiovisual works (movies, TV, multimedia works); and sound recordings (recordings of music, sound, or words).

Copyright protects a work's expression, not the ideas or facts on which it's based. Example: a novel or computer game about a young prince's revenge against his evil stepfather can be copyrighted, but the basic revenge idea behind the story line can't. The following are not protected under copyright law: titles, names, short phrases, slogans, procedures, principles, discoveries, and devices. Brand names, slogans, and phrases used in conjunction with a product or service can be protected under trademark law.

Copyright, the Internet, and Auction Sites
Work that appears on the Internet--including auction sites--is protected under copyright law. Content posted on the Web does not, as some people believe, automatically fall into the broad entity known as public domain. Most of what you come across on the Internet is eligible for copyright protection--the text of Web pages, ASCII text, documents, emails, Usenet messages, sound files, etc. In regards to possible copyright violations on auction sites, what sellers need to worry about most is how copyright issues affect auction listings, which include text, photographs, and/or images, as well as the names or trademarks of companies.

With that in mind, there are two potential areas of concern for sellers. First, do not copy item descriptions from brochures, catalogues, articles, or any other original sources. You can, however, include the same information. Remember, ideas or facts are not copyrightable. If you're selling a laptop, you can still state the system requirements and other pertinent information, even though that same factual information appears elsewhere. Second, if you are going to include a photograph with your auction, take it yourself. Do not use an image from a manufacturer's Web site or scan a photo from a magazine. Doing your own photos not only gives your buyers a more honest presentation of the merchandise you're selling, but also it will help you avoid possible copyright infringement. That's right--theoretically, you could be guilty of copyright violation if you lift an image from another source, such as another Web site.

Would a company or individual take action against someone who included a copyrighted photo in his or her auction? Most likely, no; nonetheless, it's a possibility. The legal experts Vendio spoke with advise the obvious: Do not copy text, pictures, or any other so-called creative works unless you have permission.

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