The Internet and The Law
In a Nutshell - CIW Course Section 3, Part B3, Appendix
Copyright
Copyright, unlike Trade Marks and Patents, does not need to be registered. Copyright exists as soon as a work of Intellectual Property is published regardless of the media used for the publication. The work may be in the form of a book, a piece of music, a film, or a Web Site.
In relation to Web Sites copyright will exist for many elements of the site, not just the textual content. The layout and design, (the look and feel), may be copyright, the underlying functionality or programming may also be copyright, especially if this development was done specifically for the web site in question. It is usual, unless otherwise agreed, that the ownership of the copyright remains with the author, even when this author is commissioned by a third party to produce the work.
This implied, or automatic ownership is different when created by an employee during the normal course of his business. An employer becomes the copyright owner in the case where an employee creates the work, however, a consultant commissioned to do the same work would retain copyright ownership.
It is normal for an implied licence to exist for the use of copyright material, where it has been commissioned by a third party. This allows the third party to use it for it's original purpose but may not allow it's use elsewhere, or for it's use to be granted to a further party.
Protecting your ownership of this intellectual property usually involves providing proof of ownership of the original material at a particular point in time. Often the simplest way of doing this is to document it fully and then post it to yourself by registered mail and retaining the 'unopened' letter as evidence. It may also be possible to store it with a solicitor who will vouch for it's authenticity. In the USA, it is possible to register copyright work to provide protection, but this is not essential to establish the copyright.
Domain Names
It is a misconception that once a domain name has been registered, it is owned by the registrant. The name is, at best, leased for a specific period, and registration does not negate a claim from another party that they have a legitimate right to the use of the name.
Disputes arise when more than one person claims the right to a domain name. In general names are assigned on a first-come-first-served basis and this will usually suffice. If both parties can demonstrate a legitimate claim to the name then the UDRP will not order a transfer. However, if the registrant cannot show legitimacy, as when cybersquatting, the name will be transferred to the party with a legitimate claim. Cybersquatting, is where domains are registered in the expectation that a third party, with a legitimate claim, will purchase the name (at inflated prices) from the registrant. Often the Dispute Resolution Process will order the transfer without payment, so the cybersquatter will lose out.
Names may also infringe Trade Marks, as is often the case with celebrity names or brand names. So if you register the name 'robbiewilliams.co.uk", you may find yourself in trouble unless, of course, your name happens to be Robert Williams.
Cyberflying
Cyberflying is a term used for the underhand tactic of repeatedly transferring domain name ownership when that ownership is under dispute. Transferring the ownership to another company, often in another country, delays and frustrates the Dispute Resolution Process.