Forum - March 2009

Photographic images often are used to enhance the overall look of a Web site. However, use of digital images that were created by someone other than the Web site owner may constitute copyright infringement, unless the owner of the photographic work provides permission to the Web site owner. As a general rule, always find the source of photographic images that you intend to use on your Web site and obtain permission, even if a fee is involved.

location, such as information on a member or a member’s company, or text from a third-party Web site, the site owner is susceptible to a lawsuit. Best practice is to always seek permission when using content from other sources.

• If a Web site owner decides to use or post a musical recording on a site, the organization must have the owner’s permission or face a potential copyright infringement suit. Generally speaking, music used or posted on Web sites must adhere to the same guidelines as photographs, so

it’s best to be informed, get permission and avoid costly mistakes.

• Photographic images often are used to enhance the overall look of a Web site. However, use of digital images that were created by someone other than the Web site owner may constitute copyright infringement, unless the owner of the photographic work provides permission to the Web site owner. As a general rule, always find the source of photographic images that you intend to use on your Web site and obtain permission, even if a fee is involved.

In summary, anyone can get in trouble, but usually a little knowledge and diligence can help a Web site owner avoid getting into a legal mess. With a little perseverance and attention paid to these points, the Web can be the effective tool it has become over the years. Regardless of potential troubles with legal restrictions, associations and their Web sites can stay safe in tough times through careful practices.

Richard B. Biagi is an intellectual property attorney with Neal & McDevitt, LLC, in Northfield, Ill. He may be reached at (847) 441-9100 or rbiagi@nealmcdevitt.com.