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Seven Online Copyright Myths
By Judith Kallos

Possunt quia posse videntur ~ (Latin: They can because they think they can.)

One of the most misunderstood issues online has to do with copyright. Both with e-mail and Web site copyright issues. For some reason, as with many things online, there is this incorrect perception that anything goes. However, many are finding out the hard way that when it comes to protecting creative collateral, copyright is law. And, copyright laws can and are being enforced online.

No, I am not an attorney. Nor do I play one on T.V. But I can help you avoid potential problems based on guiding clients for over a decade. Hopefully, this effort will help others from finding out the hard way that copyright is alive and well online.

1) "I can right clïck, save anything online and use it how I wish."

This is a perfect example of just because you can doesn't mean you do! Those graphics or files were created by someone out there. They legally attained the copyright upon that file's creation. Without their specific permission to use that file or graphic, you have no right to just take it and use it as you please. Always ask a site owner before you illegally swipe anything off their site.

2) "As long as I note the author's name, I can use their site's content on my site."

Although you are being nice and giving credït where credït is due, you still need to ask the author's permission to post their work on your site. The author may not want their information posted anywhere off their own site or they many not approve of your site as a venue for their information - that is their choice to make not yours. Always ask a site owner if you can use their content before you put it on your site.

3) "I can link to graphics on other sites so that they display on my site."

O.K., maybe you didn't actually download the graphic and put it on your server, but if you are displaying someone else's work on your site without their permission the bottom line is still the same. And, you are using their server's resources to display something on your site. Shame on you!

4) "I can display pages from other's Web sites within frames on my site."

Many site owners prohibit their site pages from being framed within another site because it gives the impression that the other site created the information. Many times folks innocently do this so they don't have to send site visitors off their site for information they want to provide. Others do so to precisely give the impression it is content they created. A better option is to link to the information you like and create a new window to open when doing so to ensure your site is still available to your site visitors.

5) "If I only quote a portion of another site's content and link to them I do not need their permission."

Again, it would behoove you to have permission to do so. Using only portions allows you to possibly give the wrong impression about the author's overall content and this can be misleading at best. If you want to quote any written work in whole or part you need to ask permission to do so.

6) "If I pay someone to create graphics for my Web site, I own the copyright to those graphics."

Not necessarily. Unless your agreement with the graphic artist explicitly states that upon your payment all of their rights are then transferred to you, you most likely only have exclusive license to use those graphics. And to purchase the full copyright will cost you a bunch more than simple exclusivity! Understand that the moment anything is created whether it be written or drawn, the creator owns the copyright, ­ that's the law. Over the years I've had clients claim they own copyright just because they paid me to create this or that. It simply, legally, is not the case (and my contract(s) clearly state this - including their option to purchase my copyright if they so choose).

Copyright can only be transferred in a written legally binding agreement signed by the creator of the work stating they are transferring their rights to you. Saying you own it because you paid for it doesn't make it lëgal fact. If you do not have a written agreement specifically transferring the copyright to you, you do not own the copyright to those graphics.

7) "E-mail is not copyright protected once it is sent."

E-mail is a written work that once created is copyright protected by the author. This means you cannot post publicly an e-mail sent to you privately. You cannot post private e-mails to your site, to message boards or to your blog without the author's specific permission to do so.

Just because an e-mail was sent to you as a private communication does not mean you then own it and can do with it what you like. In addition, e-mail that is posted to a group of people, on a mailing list or Newsgroup does not make the e-mail available for reposting, copying, or any other use - not without the express and written consent of the writer.

What's the bottom line with online copyright?

Courtesy! Don't assume that you can use, repost or take anything you find online simply because you can. Be a courteous Netizen and always ask first!

You might be interested to find a DMCA (Digital Millennium Copyright Act) page and policy statement on your ISP and hostïng provider's Web sites to handle complaints and reports of the above types of copyright abuse. Take some time to read that information and make yourself aware of your rights and make sure you do not infringe on others. The main resource for all the lëgal mumbo jumbo on online copyright and the DMCA is on the Government's site at

Again, I am not an attorney nor am I providing lëgal advice. I hope I've informed you of some of the issues that need to be seriously considered by all who are online whether they are creating their own or using others creative or written works.

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Human Rights Council, and even of certain European countries.In addition to the risk of extradition, the high concentration of foreign journalists and businesspeople in Hong Kong would make it ?a very convenient target, if China wanted to do something to hold some Americans hostage,? says Ho-fung Hung, a professor at Johns Hopkins University. He notes the 2018 detention of two Canadian citizens in retaliation for Ottawa?s arrest of Huawei CFO Meng Wanzhou. While hostage diplomacy had already existed as a possibility on the mainland, Americans critical of the Chinese Communist Party have generally been denied visas to visit China, ending up in Hong Kong instead. They used to enjoy immunity from Beijing?s reach there, but with the security law, Beijing could well detain and try them for speaking against the CCP in other countries. Carrico offers a dire warning: ?In traveling to China and Hong Kong today, one is in effect taking the same type of risks as someone travelling to Pyongyang.?The danger is particularly acute for Taiwanese individuals and organizations. Leaders in Taipei have watched the Hong Kong crackdown with apprehension, fearing that the CCP will turn its focus to them next. Carrico notes that Hong Kong, which despite its former autonomy from the mainland did not diverge from Beijing?s official position on Taiwan, had until now allowed Taiwanese organizations to operate in the city. But ?the [national-security law] means the end of that, and if I was in any way linked to the Taiwanese government and living in Hong Kong right now, I would leave immediately.? In fact, the law subjects foreign and Taiwan-based organizations with offices in Hong Kong to onerous regulations requiring cooperation with the city?s police commissioner. According to new rules released this week, the city police can even ask staff at ?foreign and Taiwan political organizations? in Hong Kong to provide personal and financial information about their organizations.It is important to note that until Hong Kong?s rulers release further guidelines on implementation of the law, the precise nature of the danger it poses will remain unclear. Cohen predicts that Article 38 will be interpreted more narrowly than its wording would suggest. ?Now even China?s regular domestic criminal law doesn?t go as far as this new national security law could be interpreted,? he says, noting that the mainland?s criminal code would not lead to prosecutions of foreigners over political speech legal in their own countries. He thinks that Article 38?s expansive wording was the result of a time crunch faced by those responsible for drafting it. But he is careful to emphasize that he?s only making a prediction, and that the law is already intimidating some activists into silence. ?They are already being deterred, not only in Hong Kong, but around the world,? he says.

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    Fourth day of virus protests in Serbia as virus cases spikeThousands protested for a fourth day Friday across Serbia over the government's handling of the coronavirus pandemic as officials condemned the demonstrations and announced a record jump in cases. The protests were held as the Balkan nation announced a record daily death toll from COVID-19. Prime Minister Ana Brnabic said earlier Friday the Balkan state recorded 18 fatalities and 386 new cases over 24 hours in what she described as a "dramatic increase".

  • Former MI6 chief claims there is 'close linkage' between Huawei and Chinese military -

    Former MI6 chief claims there is 'close linkage' between Huawei and Chinese militaryThere is ?close linkage? between Huawei and the Chinese military, a former head of MI6 has claimed, as he urged the Government to strip the firm from the UK?s mobile network. Sir Richard Dearlove insisted that there was a ?strategic security reason? for the Government to U-turn on its decision to grant the telecoms giant access to Britain's 5G infastructure. His comments come ahead of a crucial meeting of the National Security Council on Tuesday in which ministers are expected to block the purchase of any new Huawei equipment by the end of this year, with the company removed from 5G by the mid-2020s. Sir Richard said that to remove the Chinese firm would make ?good security sense?. ?I think the relationship between the Chinese state and Huawei is absolutely clear cut,? he said. ?Huawei is not an ordinary international telecommunications company, it's an intimate part of the Chinese state. ?And if you know anything about Chinese military strategy they talk about the fusion of civil and military capabilities and there is a close linkage undoubtedly between the Chinese military capability and Huawei.?

  • As coronavirus cases climb, Trump says states with an uptick in cases are 'going to be fine' and will be back to normal 'very quickly' -

    As coronavirus cases climb, Trump says states with an uptick in cases are 'going to be fine' and will be back to normal 'very quickly'Coronavirus deaths are once again on the rise amid a surge of confirmed cases in states like Arizona, California, Texas, and Florida.

  • China releases professor who criticised President Xi, friends say -
  • Three LAPD officers face felony charges for falsely labeling people as gang members -

    Three LAPD officers face felony charges for falsely labeling people as gang membersAccording to a 59-count criminal complaint, three officers were charged with conspiracy, filing false reports, and prepping fraudulent documents for court.

  • U.S. records more than 66,000 new coronavirus cases in record spike -

    U.S. records more than 66,000 new coronavirus cases in record spikeCalifornia, Florida and Texas all saw record surges in the last week.

  • Jared Kushner said the US would be 'really rocking again' by July. 7 states are shutting back down, and new COVID-19 cases have set records 6 times in July's first 10 days. -

    Jared Kushner said the US would be 'really rocking again' by July. 7 states are shutting back down, and new COVID-19 cases have set records 6 times in July's first 10 days.In Kushner's confident Fox & Friends appearance back in April, he also proclaimed the US was "on the other side of the medical aspect" of the virus.

  • Ghislaine Maxwell argues for $5 million bail, saying she's 'not Jeffrey Epstein' -

    Ghislaine Maxwell argues for $5 million bail, saying she's 'not Jeffrey Epstein'NEW YORK - Ghislaine Maxwell argued for $5 million bail Friday, arguing that she had wrongly replaced Jeffrey Epstein in the public eye after the multimillionaire hanged himself last year. "Epstein died in federal custody, and the media focus quickly shifted to our client - wrongly trying to substitute her for Epstein - even though she'd had no contact with Epstein for more than a decade, had ...

  • Fire destroys much of 249-year-old church in California -

    Fire destroys much of 249-year-old church in CaliforniaA fire early Saturday destroyed the rooftop and most of the interior of a Catholic church in California that was undergoing renovation to mark its upcoming 250th anniversary celebration. Fire alarms at the San Gabriel Mission rang around 4 a.m. When firefighters arrived, they saw smoke rising from the wooden rooftop in one corner of the historic structure, San Gabriel Fire Capt. Paul Negrete said. Firefighters entered the church and tried to beat back the flames, but they had to retreat when roofing and other structural materials began to fall, Negrete said.

  • Inventor of Israel's Iron Dome seeks coronavirus 'game-changer' -

    Inventor of Israel's Iron Dome seeks coronavirus 'game-changer'Daniel Gold, who led the team that invented Israel's Iron Dome missile defence system, has a history of safeguarding the country against what he identifies as existential threats. With the nation facing surging coronavirus cases amid a pandemic that has triggered unprecedented economic hardship, Gold is trying to replicate his Iron Dome breakthrough in protecting Israel against the virus. Gold, who heads Israel's Defence Research and Development Directorate and holds PhDs in electronic engineering and business management, has become a celebrated figure in the Jewish state.

  • Utah Governor Declares State of Emergency Due to ?Civil Unrest? -

    Utah Governor Declares State of Emergency Due to ?Civil Unrest?Utah governor Gary Herbert declared a state of emergency in Salt Lake City late Thursday, citing clashes between police and protesters who flooded the streets after the city district attorney announced that the May police killing of Bernardo Palacios Carbajal was justified.?In the case of the Salt Lake City Officer Involved Critical Incident that resulted in the death of Bernardo Palacios Carbajal, District Attorney Sim Gill?s findings provide significant evidence of the justifiable actions of Salt Lake City police officers,? Mayor Erin Mendenhall said in a statement. ?This evidence shows that our officers acted according to their training and the state law regarding use of lethal force.?Protesters broke windows to the district attorney?s office, leading police to deem the demonstration an unlawful gathering, the Salt Lake City Police Department said. Demonstrators then disrupted traffic in the city?s downtown area and allegedly used pepper spray on officers. One officer was taken to a nearby hospital.Police arrested two protesters, the department said. The state of emergency order, which closes the Utah State Capitol grounds to the public, will stay in effect until at least July 14. Herbert also offered Utah's Department of Public Safety to Salt Lake City.In May police fired 34 shots at Palacios, leaving him with more than a dozen wounds, after a report of someone making ?threats with a weapon,? CNN reported.?I know that for some, today?s decision does not feel like justice,? Mendenhall said. ?It has become increasingly apparent in our city and across the nation that there is a difference between what so many feel is morally correct, and what is considered appropriate and justified under the law.?

  • If He Loses, Trump Must Resign Immediately and Make Biden President. No, Really. -

    If He Loses, Trump Must Resign Immediately and Make Biden President. No, Really.If and when Donald Trump leaves office, whether now or the day after the election, it should be by resignation. We cannot and should not wait until Inauguration Day, January 20, 2021, for him to vacate the White House. His departure has become a matter of national emergency, national safety, and now national security.The polls show Trump losing by large margins to Joe Biden if the election were held today. His nearly catastrophic handling of the COVID-19 pandemic has resulted in tens of thousands of unnecessary infections and deaths. And things are getting worse following the premature reopening of states, something Trump insisted upon. He wears no face coverings, despite the recommendations of his own task force. He holds mass rallies in violation of local health regulations and recommendations.The news that he may have failed to take note of intelligence reports that suggested that Vladimir Putin had offered bounties for the deaths of American soldiers in Afghanistan makes him a national security risk.If Trump does not resign before the election in November, there is little question he should resign the next day if he loses, especially if the election is not close, and turn the reins of power over to the president-elect. A landslide win by Biden will mean that the pandemic is not under control and probably that the economy remains in turmoil or perhaps ruins.The Time to Argue About Biden?s Economic Plans? After November 3.This makes Trump?s immediate removal from office all the more compelling because experts are warning that COVID-19 may build into another wave just as the regular flu season kicks into high gear starting in November. The health consequences could be catastrophic without a steady and clear national response.Trump?s resignation and turning power over to the new president-elect may be the only way to keep the situation from spiraling.How could this happen? Putting aside for the moment whether Trump would actually do this, there is?sort of?precedent for such behavior. While Richard Nixon is the only president to resign his office, there is another president who considered the possibility of immediate resignation and the transferral of power within days of the election to a new president-elect from the opposing party.That president also faced a world of high uncertainty and danger. He believed it was his duty to step down if he didn?t win, as soon as the election result was known.Woodrow Wilson, our 28th president, is not held in high regard these days. Princeton University, where he taught government and was president from 1902 to 1910, has decided to remove his name from university institutes and programs. ?Wilson?s racism was significant and consequential even by the standards of his own time,? Christopher Eisgruber, current president of Princeton, said in a statement released last week. President Trump tweeted that the move was ?incredibly stupid.?But it was not a crisis over racism that caused Woodrow Wilson to type out his resignation letter in 1916; it was a world war.By the fall of 1916, Wilson had kept the United States out of the European conflict for over two years. Despite his attempts to mediate an end to the war, the belligerent powers remained in a deadly stalemate. The battle for Verdun in France, horrific by any historical measure, started in the spring of 1916 and would continue, with unrelenting bombardments, until December. The Germans intended to ?bleed the French white.?The human carnage was stultifying: nearly 800,000 men were killed in just 300 days of battle. The Battle of the Somme was worse. Having begun in July, it eventually resulted in a death toll of 1.3 million in just four months.Against this calamitous backdrop, Wilson was convinced that if he lost, he needed to transfer power immediately to his challenger, Republican Charles Evans Hughes. Until the passage of the 20th Amendment to the Constitution, a president-elect would have to wait four months before being inaugurated, on March 4. (The lame-duck amendment in 1933 moved the date up to January 20).Wilson had reason to be concerned that he may not be re-elected, though he had spared America any involvement in the war so far. In 1912, Wilson was elected only because Theodore Roosevelt split the Republican Party and ran against the Republican incumbent, William Howard Taft, on the Bull Moose ticket. With the Republicans ?reunited? in 1916 behind former New York governor and Supreme Court associate justice Charles Evans Hughes, the odds of Wilson winning seemed long.Recognizing this, Wilson sat down at his portable Hammond typewriter days before the election to peck out his conditional resignation. He recognized, he wrote, that if Hughes prevailed, ?I would be without such moral backing of the nation as would be necessary to steady and control our relationship with other governments.? The situation would be ?fraught with the gravest dangers.?He concluded that, in that event, he needed to appoint Hughes as his secretary of state, secure his vice president?s agreement to resign, and then resign himself. Under the rules of succession then in effect, Hughes would immediately become president.?I would have no right to risk the peace of the nation,? Wilson wrote, ?by remaining in office after I had lost my authority.?Trump would need to recognize this same responsibility if he is rejected at the polls in November. With the pandemic still afoot and the economy a mess, there would be no time to waste at this critical juncture. But since the line of succession is different today, how could President-Elect Biden become President Biden before Jan. 20?Here?s how. Under the 25th Amendment, ratified and passed in 1967, a president can appoint a vice president in the event of a vacancy in the office, with the consent of the House and the Senate by simple majorities in each chamber. In this case, Trump would ask Pence to resign, appoint Biden as his VP, and then resign himself, allowing Biden to succeed to the presidency.A final hurdle would be the Republican-controlled Senate, which has been Trump?s lapdog under Mitch McConnell. But clearly if Trump actually did his duty and resigned, it seems improbable that the Senate would stand in the way.Of course, it is impossible to conceive of Donald Trump resigning, even with a widening crisis unfolding all around him. Then again, Richard Nixon was no quitter, as he acknowledged when he resigned. So who knows? Trump likes to sulk and feel sorry for himself?so he could say ?to heck with you? if he is humiliated at the polls.In the end, Wilson did not need to resign because he squeaked out a victory in 1916. The election was so close that Hughes went to bed election night being congratulated on his victory, and it took days for the result to finally become clear.Ironically, Wilson typed his provisional resignation letter in his erstwhile summer home in New Jersey, known as Shadow Lawn. That home burned down later, but a new Shadow Lawn was erected, located on the campus of Monmouth University. Two weeks ago, Monmouth announced that it would remove Wilson?s name from the mansion built to replace the one that was destroyed.James Robenalt is the author of The Harding Affair, Love and Espionage During the Great War and January 1973, Watergate, Roe v Wade, Vietnam and the Month That Changed America Forever. He occasionally lectures with John Dean, Nixon?s White House Counsel, on legal ethics.Read more at The Daily Beast.Get our top stories in your inbox every day. Sign up now!Daily Beast Membership: Beast Inside goes deeper on the stories that matter to you. Learn more.

  • Prosecutor whose star has risen under Trump named Brooklyn-based acting U.S. Attorney -

    Prosecutor whose star has risen under Trump named Brooklyn-based acting U.S. AttorneyU.S. Attorney General William Barr on Friday named Seth DuCharme, a prosecutor who has risen rapidly in the Justice Department under the Trump administration, as acting U.S. Attorney for the Eastern District of New York. DuCharme, who for the last six months has been principal associate deputy attorney general in Washington, is swapping roles with Richard Donoghue, the current U.S. Attorney for the Brooklyn-based Eastern District. The Justice Department earlier this month announced Donoghue's move to Washington.

  • Key parts of Boris Johnson's Withdrawal Agreement amount to 'poison pill', senior Brexiteers warn -

    Key parts of Boris Johnson's Withdrawal Agreement amount to 'poison pill', senior Brexiteers warnSenior Brexiteers have warned Boris Johnson that key parts of his Withdrawal Agreement with the EU amount to a "poison pill" that should be replaced as part of post-Brexit trade negotiations. A 120-page report compiled by pro-Leave MPs and lawyers states that exiting the transition period with the current provisions of the agreement in place would have "crippling" consequences for the UK and prevent the country from becoming a "fully sovereign state". The document, which is published as the UK and EU carry out intensive trade negotiations, has been endorsed by a series of senior backbenchers, suggesting Mr Johnson could face resistance in the Commons if he fails to tackle some of their concerns. On Saturday, Mark Francois, the chairman of the influential European Research Group (ERG) of Eurosceptic Tory MPs, said: "The report argues that the remaining elements of the Withdrawal Agreement after we leave the transition period cannot be allowed to stand as they are, and particularly that there must be no remaining role for the European Court of Justice over any aspect of our national life. That is something that I and my colleagues in the ERG would very much support." The report, published by the new Centre for Brexit Policy, includes contributions from Lord Trimble, the former first minister of Northern Ireland, Martin Howe, the Brexiteer QC, and Owen Paterson, the former cabinet minister who chairs the think tank. The key elements it says make up the "poison pill" include the UK having to remain bound to some state aid laws, the creation of "burdensome EU customs mechanisms" at a border in the Irish Sea, a role for the European Court of Justice (ECJ) for another eight years, and the vast divorce payments, for amounts the report states are "not owing under international law" and are "subject to the determination of the ECJ". The report states: "Although the Government sees the revised Withdrawal Agreement (WA) as only transitional until the end of the transition period in December, there remain serious threats to UK sovereignty that will have crippling economic and strategic consequences for years to come if they are not dealt with now. "Exiting the TP with these threats still in place will not return the UK to a fully sovereign state and is unacceptable." The report urges Mr Johnson to replace the Withdrawal Agreement with a "sovereignty compliant" agreement. A chapter by Lord Trimble states that the current deal "rips the Good Friday Agreement apart? by handing law-making power over Northern Ireland to the EU.

  • ?Parents understand risks?: 15 staffers, 3 kid campers catch COVID-19 in Miami-Dade -

    ?Parents understand risks?: 15 staffers, 3 kid campers catch COVID-19 in Miami-DadeAs parents across Miami-Dade County wonder how schools will safely bring students back next month, they can look to local summer camps for an idea of how in-person learning during a pandemic may go.

  • Texas Lt. Gov. Patrick on decision to reopen state's schools -

    Texas Lt. Gov. Patrick on decision to reopen state's schoolsTexas says schools must accommodate students who wish to return to the classroom for in-person learning in the fall; Texas Lt. Gov. Dan Patrick explains the safety protocols.

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