ABA Family Legal Guide

Computer Law

Computer Copyright and Trademark Issues

Copying Software and Downloading Entertainment

How is copyright protected on the Internet?

The basic copyright laws providing protection for intellectual property apply to products on the Internet. In addition to traditional laws governing copyright, the federal 1998 Digital Millennium Copyright Act addresses some issues specific to the Internet, such as circumvention of copyright protection systems, digital fair use, and ISP liability when subscribers post copyrighted content illegally. For example, in one case a court found that the law permits companies that suspect their copyright has been infringed to seek a court order that Internet service providers divulge the name of the subscriber suspected of infringing on the copyright.

Many companies have also turned to technology to protect the copyright of the audio and video images they put on the Internet. A technology known as digital watermarking lets companies put hidden marks on their computer data that travel with the images when they are copied, enabling the company to trace the distribution of their words and pictures.

Even without watermarking, some companies are able to trace copyrighted materials as they are copied and posted on the Internet.