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The internet is a very public place, and you should never show, or write anything that you would not pin on your own front door. Although the international nature of the internet can confuse things, the law of the land applies to electronic material in much the same way as it does to other forms of publication. The main areas for authors to consider are:

Libel

Copyright

Personal Data

Libel

While the law may be confused in cases which cross national boundaries, you can stay safely within all laws by avoiding anything faintly libellous on your web pages. If you are responsible for statements which may damage the reputation of others, you may be taken to court. Using a Council web page to make damaging or untruthful statements about others is not approved, no matter how richly deserved they may be.

Their copyright

When it comes to abiding by the law, copyright is the most fraught area for web authors. The Internet was built on a tradition of open and free exchange. Internet users are accustomed to being able to take a file here, an image there, maybe with the author's permission, maybe not. Now that the scope of the Internet has broadened, these informal (and illegal) arrangements are subject to scrutiny, particularly from copyright owners or their legal representatives keen on establishing their rights. Copyright applies to text, sound, movie files, graphics, photographs, pictures and computer programs. It also applies to other peoples’ web pages, so you can’t help yourself unless…….

§         The author/publisher declares that copyright is waived. For instance, a statement like this might be displayed prominently in a document:  This material is public domain and may be freely used or adapted.

§         The copyright period has elapsed. There are variations in the period for which a work might be in copyright, depending on the type of work, and on which law was in force at the time it was produced. Generally works are protected by copyright for around 75 years.

If you wish to copy or adapt someone else's material which is not in the public domain, you must get explicit, written permission to reproduce copyrighted material. Take particular care in using trademarks. Do not reproduce trademarks or trademarked logos if there is a possibility of someone attributing your product to the owner of the trademark or logo.

Your copyright

You should also be aware of your own intellectual property rights. If you are happy to place your material in the public domain, say so. If all you want is an attribution statement if the work is used, say that too. But remember that placing something in the public domain cedes over all rights to it, and no conditions which you might attach to its use are legally binding.

Unless otherwise instructed, each page of the web site is copyright to the Council, but authors wanting to maintain the copyright on their material can stress their claim by adding a copyright statement as well. Don’t expect anyone to honour it though. As we have said people are used to helping themselves.

Personal data

§         If you want to publish personal details about someone like a fellow Councillor or an MP, they need to consider the implications. Would the person want these details about themselves published? Would you? It's good practice to obtain permission first.

§         The Data Protection act exists to prevent peoples’ personal data being used without their permission. Always get explicit permission before including personal information or a photograph. In the current climate, it is best not to use photographs of children in any way, but don’t draw attention to their omission. This is a very divisive issue and whatever you do will be wrong in someone’s opinion.

You must also take care about providing membership details or contact details for clubs. If anyone is worried about putting their details on the web, then why not give the Council office as a first point of contact. On the other hand, the Data Protection Act only covers living people, so there would be no problem with publishing something like a list of churchyard grave details, historical or genealogical records.

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Last modified: 08/31/11