Copyright on the Internet: Important information for web hosting customers
The Internet offers a wealth of opportunities for publishing and distributing content. However, as a web hosting customer, it is important to know and observe the legal framework. Copyright law plays a central role on the Internet. It protects intellectual property and regulates how third-party content may be handled.
Basics of copyright on the Internet
Copyright protects the intellectual property of an author. It arises automatically with the creation of a work and does not have to be applied for or registered separately. On the Internet, copyright protection applies in particular to
- Texts and articles
- Pictures and photos
- Videos and movies
- Music and audio files
- Software and computer programs
- Graphics and designs
It is irrelevant whether they are digital or analog works. The decisive factor is that they have a certain individuality and creativity, i.e. that they represent a "personal intellectual creation".
In addition to the protection of original works, copyright law also includes related rights such as ancillary copyright, which protects representations of performances. For web hosting customers, this means that not only their own content is protected, but also the content of third parties must be respected.
What web hosting customers need to consider
As the operator of a website, you are responsible for the content published there. This means that you must ensure that there are no copyright infringements. Here are some important points that you should bear in mind:
Use of third-party content
In principle, you may only use third-party content with the consent of the copyright holder. This applies to texts, images, videos and other protected works. Before using them, you should obtain the necessary rights, for example by purchasing a license. Alternatively, you can use content that is available under free licenses such as Creative Commons.
It is advisable to keep clear documentation of the rights and licenses acquired. This way, in the event of a review, you have verifiable evidence of the legality of the content used.
Quotations and sources
Short quotations from other people's works are permitted under certain conditions. You must cite the source and mark the quotation as such. As a rule, longer text passages or complete quotations are not permitted. Please note that the right to quote is not intended to disseminate entire works, but merely to support your own statements with quotations.
In order to avoid legal uncertainties, you should familiarize yourself with the exact provisions of citation law and seek legal advice in case of doubt.
Pictures and photos
Special care must be taken when using images. Even if an image is freely available on the Internet, this does not mean that you can use it without further ado. Only use images for which you own the rights or which are available under a free license. Platforms such as Unsplash or Pixabay offer a large number of images under free licenses that can be used for commercial purposes.
You should also make sure that the images do not violate any personal rights, for example by publishing recognizable persons without their consent.
Music and videos
To embed music or videos on your website, you usually need the permission of the rights holder. Platforms such as YouTube, which often offer embedding functions, are an exception. Here you should observe the respective terms of use and ensure that the embedded content complies with the license requirements.
If you create your own audio and video content, you should also ensure that no copyrighted third-party material is used, unless you have the appropriate licenses.
Liability and warnings
Copyright infringements can result in warnings and claims for damages. As a website operator, you are liable for the content published on your site. This also applies to user-generated content, for example in comment areas or forums. Regular monitoring and the establishment of reporting options for problematic content is recommended here.
It is important to be informed about warning letters and to react quickly and appropriately in an emergency. It is often recommended to seek legal advice in order to determine the best possible course of action.
Protection of your own content
As the author, you have the right to determine how your work is used. You can take various measures to protect your content:
- Attaching a copyright notice
- Use of watermarks for images
- Restriction of rights of use through licenses
- Technical protective measures such as copy protection
A clearly visible copyright notice shows that the content is protected and signals to others the need to respect the relevant rights. Watermarks on images can provide additional protection against unauthorized use.
However, please note that overly restrictive protection can hinder the distribution and perception of your content. Find a balance between protection and accessibility.
Creative Commons and free licenses
Free licenses such as Creative Commons offer an alternative to the classic "All rights reserved". These allow a more flexible handling of copyrights and can promote the distribution and reuse of content. As a web hosting customer, you can place your own content under such licenses as well as use appropriately licensed third-party content.
Creative Commons offers various license models that regulate different rights of use. It is important to understand the chosen license exactly and to comply with the corresponding conditions.
Special features of web hosting providers
Web hosting providers play an important role in dealing with copyright infringements on the Internet. Under certain conditions, they enjoy an exclusion of liability for the content uploaded by their customers. This is regulated in the German Telemedia Act (TMG).
Important for web hosting customers: Your provider is obliged to block or delete the relevant content if they become aware of legal infringements. This may also affect your website if you use copyrighted material without permission.
It is advisable to carefully read the terms of use of your web hosting provider and ensure that you comply with their guidelines in order to avoid possible consequences.
DMCA and notice-and-takedown procedure
The Digital Millennium Copyright Act (DMCA) plays an important role in the international context. Among other things, it regulates the so-called notice-and-takedown procedure. Rights holders can request hosting providers to remove copyright-infringing content. Many web hosting providers have implemented corresponding processes to handle such requests.
Even though the DMCA is a U.S. law, it significantly affects global practices in dealing with copyright infringement on the Internet. Web hosting customers should be aware of the potential international implications and take appropriate precautions.
Current legal developments
Copyright law on the internet is subject to constant change and adaptation to new technologies and usage patterns. Digitalization and the increasing spread of online media in particular require continuous adjustments to the legal framework.
For example, recent legislative changes in the EU have further strengthened the rights of authors and introduced new obligations for online platforms. It is important to keep up to date with the latest developments and adapt your own practices accordingly in order to operate with legal certainty on the internet.
Best practices for web hosting customers
To avoid copyright infringements and stay on the safe side legally, web hosting customers should observe the following best practices:
Rights clearance in advance
When creating your website, clarify what content you want to use and whether you have the relevant rights. This includes not only texts and images, but also audio and video material.
Documentation of the license rights
Keep careful documentation of all licenses and usage rights acquired. This way, you can quickly prove that you own the rights to use the content in the event of an audit.
Regular review of content
Regularly check the content published on your website for possible copyright infringements. You should also use automatic content checking tools that can detect potential infringements.
Restricted user-generated content
Be careful when allowing user-generated content such as comments or forum posts. Implement mechanisms to monitor and quickly remove illegal content.
Take advantage of legal advice
If in doubt, you should seek legal advice from a specialist copyright lawyer. This can help to clarify uncertainties and minimize legal risks.
Conclusion and recommendations
As a web hosting customer, you bear great responsibility for the content published on your website. In order to avoid copyright infringements, you should:
- Only use content for which you own the rights or have permission
- When using third-party content, always cite the source and observe the license conditions
- Be careful with user-generated content and check it regularly
- Obtain legal advice in case of doubt
By dealing responsibly with copyright law, you not only protect yourself from legal consequences, but also contribute to fair and respectful interaction on the Internet.
Copyright law on the internet is a complex topic that is constantly evolving. Stay informed about current developments and adapt your practices as necessary. This will enable you as a web hosting customer to operate securely and legally on the Internet and at the same time benefit from the many possibilities of the digital age.
Additional resources and further information
To further deepen your knowledge of copyright on the Internet, you can consult the following resources:
- The official website of the German Patent and Trademark Office (DPMO) offers extensive information on copyright law.
- Specialist literature and online courses on copyright and media law.
- Blogs and forums of lawyers who specialize in copyright law.
Through continuous training and attention, you can make your website legally compliant and take advantage of the Internet without taking legal risks.
