Archive for the ‘Building the Right Content’ Category

Automating Content Management

July 10, 2009

Hundreds of Web pages on your site mean hundreds of pages of content that
you have to deal with. That’s a massive undertaking for even the most industrious
of Web site owners. Fortunately, tools are available — known as content
management systems — to help you manage your content without driving yourself
completely into a coma, and some of them won’t even make you crazy.
A content management system is a piece of software that’s used for organizing
and facilitating what’s referred to as the collaborative creation of documents
and other content. In other words, content management systems help
you to create and manage the content on your Web site. For example, if you
have a set of articles that you want to first feature on your Web site and then
have moved to an archival section when a new article is featured, a content
management system helps you do that without having to build a new Web
page every time you change the feature articles.
The problem with content management systems is that if you get a proprietary
system — a system built specifically to meet your content management
needs — you’ll pay upward of $100,000. If you fork over that amount
of dough, you can rotate articles from features to archives to your heart’s

content and even set it up so that several people can seamlessly contribute
to blogs on your site. This might all sound dandy, but just keep in mine that if
you’re having the system designed specifically for you, you’ll shell out some
serious coin to have it done.
You don’t have to use a proprietary system, though. Several open source software
applications for content management exist.
Open source software is software that’s created by an individual or company
and then shared freely with others. Others can use the software and even
change it to specifically meet their needs, without having any expenses to
worry about.
The only real drawback to open source content management systems is that
you either have to be very knowledgeable in certain types of programming
or you have to hire someone who is knowledgeable to take care of it for you.
True, you could pick up some good books on the topic, but if you’re not a
code jockey, you’ll find that the books probably leave you a little lost.
Still, if you think you can handle the challenge, Drupal is a good open source
content management system, and believe it or not, so is the blogger’s friend,
WordPress. Okay, I know WordPress is usually thought of as being a blogging
system, but it can also be used as a content management system. If you’re
intrigued, check out the next sections.
WordPress as a content
management system
Although WordPress is primarily known as a blogging tool, it really is much
more. With a few modifications — a couple plugins and custom templates — it’s
possible to use WordPress as a content management system. In one sense,
WordPress is already a content management system because it’s a blog application.
All blog applications are essentially content management systems
because they allow you to create, share, and store content from a single location.
By modifying WordPress just a little, you can also use it for other content
management functions, such as managing
Portfolio sites
News and magazine sites
Article libraries
Gallery sites
Photologs
E-commerce sites
WordPress site designs are based on the idea of themes. Themes are basically
design templates that can be uploaded to your server and then assigned from
within the WordPress Control Panel. The beautiful thing about templates or
themes is the ability to alter them. WordPress and other blog platforms tend
to use a lot of proprietary code that can be difficult to get just right when
you’re putting together a design template. By relying on a pre-designed template,
you can focus on editing the graphics and moving snippets of code
around to get the design that you want.
WordPress also has a handy little feature — Page Management — that allows
you to create static Web pages — pages that always remain the same. You
can create top-level pages that show in the navigation bar of your Web site or
you can create lower-level pages that live underneath your main navigation
topics. These secondary pages appear as drop-down navigation under the
main links in your navigation bar.
Other features of WordPress include a built-in blog roll, which makes creating
a list of related links as simple as filling out a small form to add a new
listing. The best part? No HTML is required to do this. The WordPress panel
also allows site owners to quickly change the appearance of their sites by
switching from one theme to another as simply as selecting a new theme.
WordPress does the rest.
WordPress also has plugin capabilities, meaning you can ‘plug in’ small additional
bits of code that someone else creates to add functionality to your
WordPress site. Examples of plugins are the capability to use WordPress
as a content management system, or even features you can add to your
WordPress blog, like a picture viewer or video player.
Plugin management is mostly seamless in WordPress, and that’s where you
find the real benefit of using WordPress as a content management system.
Plenty of plugins are available, and there are usually detailed instructions for
installing and using those plugins.
Going forward with WordPress
You don’t have to be a certified geek to use WordPress as a content management
system, but there is a learning curve, and it can take a while to traverse.
If you want to find out more about installing and customizing WordPress
to be your content management system — no matter what type of Web site
you’ve created — check out WordPress For Dummies, by Lisa Sabin-Wilson
and Matt Mullenweg. If you prefer getting your info right from the source,
grab the WordPress Codex at http://codex.wordpress.org. The Codex
is nothing more than a fancy name for the user manual. (If you don’t know
where to find it, you could spend days searching for it.)
If you’re trying to populate hundreds of pages and keep the content on those
pages fresh, a content management system helps you automate the process.
If you don’t have such a system in place, you might as well go ahead and shine
up your coffin now because you’ll run yourself into the grave trying to keep up.

Foundations for Great Content

July 10, 2009

Great content — what a terrible, horrible phrase. What, exactly, constitutes
great content? Isn’t “great” content kind of like a college (or a high school) literature
course? Remember those? You go to this class, and the instructor thrusts
a book at you and says, “You must read this and tell me what it means.”
Great. I would read those books, but the meaning I found was never the same
as the meaning the instructor found in them. I always got so-so grades in literature
because of it, and I still don’t understand. Who is that instructor to
tell me what that writer was thinking when he or she wrote that piece of literature?
Was the instructor sitting on the writer’s shoulder during the writing
process? Or maybe the writer dialed up the future and asked the instructor
for direction on what should be written? Not likely.
Literature is subjective — as is content. What I think is great content might
absolutely drive the next visitor to your site completely insane. He could find
the article boring or lively, instructing or condescending. Every person interprets
what’s put before them differently.
That doesn’t mean that great content can’t be achieved, though. It’s more
accurate to call it appealing content — your content should appeal to the
majority of visitors that land on that page. The truth is you can’t purchase,
steal, borrow, or copy anything that will appeal to everyone. What you have to
shoot for is content that appeals to the majority, and there are some guidelines
for writing to the majority of people that will land on any one of your pages.
Knowing your audience
Before you can put anything on paper (or on-screen as is the case here), you
have to know who you’re addressing. If you’ve done any targeting research
on your Web site, you already have some of this information. If you haven’t,
you’d better get to it. The only way you’ll ever reach your audience in the
first place is to have a Web site that’s well targeted to them.
Here’s an example: Say you own the Web site Greenparenting.com (in real
life, the site actually forwards to GreenForGood.com, but we’re talking hypothetical
here). Just looking at the name for that site, you automatically know
that the site should be targeted to parents who are environmentally responsible.
Now, what you need to know is who those people are.
If you know your industry, you can do a little research and find out that the
people who would be interested in green parenting are probably upper-middle
class adults in their late 20s to early 50s. These are people who fall into the
parenting age. Being environmentally friendly isn’t cheap, so a decent income
is required to be truly dedicated.
Now you have a profile. Your site visitors have these characteristics:
They’re parents.
They’re in their late 20s to early 50s.
They have a household income of $75,000 or more.
They’re concerned about the environment.
As you’re reading through those few facts, you should already have a picture
of these Web site visitors in your mind. If you haven’t done the spadework
necessary to come up with a picture of a typical visitor to your own Web site,
do it now. You can’t accurately target anything on your Web site until you
know who you’re serving. That includes creating content that your visitors
are looking for and that they want to read.
Language considerations
The language that you use in your content can be addressed on a couple different
levels. First, is the what language do most of your readers speak level.
Obviously, this level is completely out of your control. It makes no sense
at all to create content for your site in English if most of your visitors are
Japanese.
If you have any doubts at all about the native language of your visitors, look at
your analytics software. Most analytics packages have some element of tracking
visitors based on their language. In Google Analytics (which I highly recommend
because it’s very user-friendly and FREE!), the actual report is in with
a group of reports that segment users according to differing characteristics,
such as language location.
A language report tells you the native language of each of your site visitors
based on what’s set as the default language in their Web browser.
A different aspect of language is the words that you actually use to communicate
with your visitors. I can quote you all kinds of facts about how the average
person reads at an 8th-grade level or how readers perceive words on a
screen differently than how they perceive words on a page — all that is true.
What’s more important to understand about the language that you use to
communicate with your visitors is that it should be familiar to them.
Jargon (those words that are inevitably coined for every topic on the planet;
really, every topic can be explained with jargon) isn’t familiar. For example,
analytics is actually jargon. It’s used to mean Web site traffic statistics.
Analytics is actually a derivative of the word analyze, which means to examine
critically. So, by definition then, analytics would be the science of analyzing.
Yet, I use it most frequently when associated to Web site traffic statistics.
The problem with jargon is that if you stay immersed in a subject long
enough, it becomes part of your normal speech and thought patterns.
Unfortunately, that might not be true for your Web site visitors.
If you place an article or blog post on your Web site that’s full of jargon and
your site visitors don’t view that jargon from the same perspective as you,
they’ll get frustrated very quickly. Visitors don’t want to struggle through
articles and blog posts filled with terms that seem to be used as part of some
coded language. (BBC World War II Upper Class Twit Announcer Voice: “The
geese are carrying the potatoes over the vicar’s pond. I repeat: The geese are
carrying the potatoes over the vicar’s pond.”) They want to skim your stuff,
pluck out the information they need like the ripest and sweetest grapes, and
move on. Jargon slows them down, so don’t use it.
If you do find that jargon is necessary in your content, be sure to explain
what it means the first time it appears in any article or blog post. The idea is
to make your content as easy to read as possible without being overly simplistic.
This is where it gets a little tricky.
If you’re too simplistic in the language that you use in your content, most
readers are turned off. I find it’s usually best to choose one person that represents
your audience and write your content so that person can understand
it. For me, it’s my best friend, who happens to be a serious technophobe while at
the same time being one of the most intelligent people I know. I write with her in
mind, phrasing things in such a way that I don’t insult her intelligence and yet get
the fundamentals of (an at times rather complicated) technology across.
If I can write about technology at a level that she understands but that
doesn’t grate on her nerves, I count myself successful. Use the same trick
with your site visitors. Think of someone you know who represents your
readers, assume his or her knowledge of your topic isn’t as deep as your
own, and then write to that person. If necessary, you can even ask that
person to read what you’ve written the first few times. If he has questions,
he’ll ask. If he understands it and the language doesn’t annoy him, you know
you’re on the right track.

Getting Fresh with Content

July 10, 2009

Here’s a simple exercise for you. Do a quick search on Google for whatever
topic interests you. It doesn’t matter what the topic is, just pick something.
When the search results come in, click through 20 or so of the results and
make note of what you see. How many times does the same article or group
of articles appear in those search results?
I bet it’s more than once. I research a lot of topics on the Web, and the one
thing that I’ve noticed in nearly every topic is that the same articles appear
over and over again. It’s a phenomenon that happens both in print and on the
Internet, but it’s far more noticeable on the Internet because information is
just a Web search away. In print, you actually have to collect the books and
newspapers together in one place to notice the patterns.
Everyone uses the same articles. Well, okay. Maybe not everyone, but a lot of
people do. It’s content syndication (or article syndication), and sometimes it happens
on purpose — writers work hard to get their articles and stories syndicated
and books published because that’s how they reach wider audiences. Sometimes
it happens accidentally though — an article is placed online (it’s less likely to
happen accidentally in print), and other Web site owners find it, like it, and either
with permission or without, copy it and use it on their own Web sites.
Another reason you see the same article everywhere is because companies
exist that sell packages of pre-made Web pages or even just packages of articles
that you can place on your Web site that are targeted around a specific
keyword or topic. These packages are sold both on Web sites and on auction
sites like eBay, and they’re available to everyone — and I do mean everyone.
The problem with that kind of content is that although it’s easy to find and
for the most part inexpensive to purchase, it’s old. It’s so old it’s bleu-cheese
moldy — which is precisely why you find it everywhere. Nothing’s more frustrating
to someone than clicking through a bunch of links looking for information
just to find that one-third of those links all lead to the same article on a
different Web site.
If you truly want to generate traffic volume for your Web site (and you do,
because the more traffic you have, the more AdSense revenue you generate),
fresh content is what you need. Fresh content is new, different, and doesn’t
show up on 5,000 different Web sites. It’s your own content that you’ve written
or had written for your specific audience to meet their exact needs.
Your Web site visitors will love you for it. Potential Web site visitors are
more likely to stay on your site, reading your articles, viewing your other
types of content, and eventually clicking your AdSense ads if you’re offering
them content they can’t find elsewhere. The only place to get that kind of
content is to either write it yourself or hire someone to write it for you.

Article Wrangling

July 10, 2009

Folks who want to take the easy way out when populating their Web sites
with content snatch up as many reprint articles as they can. (Reprint articles
refer to that small pool of articles that gets replicated out onto a gazillion
Web sites, kind of like that Agent Smith guy in The Matrix.) You can get
reprint articles anywhere. A ton of content syndicates are online where you
can purchase articles for a few dollars, but so can everyone else.
You can even use public domain works — those written articles and books
for which copyright has expired and thus have slipped back into the public
domain. You can publish them without the permission of the author, but
again, so can everyone else.
If you want truly original content, you have to do it the hard way — you have
to write it or hire someone else to write it.
Creating original content
Writing your own articles and blog posts isn’t as hard as it sounds unless you
have hundreds of Web pages to populate, which could become a very timeconsuming
effort. If that’s the case, you’ll have to use some reprints, but it’s
still best if you try to keep the most important pages on your site filled with
original content.
already have a list of ideas based on what you know your visitors are looking
for, spend about an hour brainstorming some ideas. You won’t use them
all, and some of them will be just plain silly, but you’ll come up with some
good ideas. Here’s a secret every writer knows: The more you write, the more
ideas you have.
When it’s time to actually write the articles for your Web site, a few basic
principles should be applied. These principles help make it easy for your site
visitors to read your articles. The short list looks like this:
Article layout: The experience of reading on-screen is very different
from reading on paper. On-screen, it’s much easier to get lost. Eye strain
is also much more common when you focus on a computer screen for
too long. Computer screens have an invisible bar that scrolls across the
screen refreshing the image constantly. If you’ve ever seen a computer
on TV that has a black line scrolling through it, that’s what I’m talking
about.
You don’t see this line because of the rate that it rolls across your
screen, but it causes slight vision anomalies that your eyes pick up on,
even though it doesn’t register in your brain. These anomalies are what
cause eye strain.
One way to combat eye strain is to keep your articles as sparse as possible.
That doesn’t mean skimping on the content but does means you
need to use lots of white space — open space without words — and use
a type font that’s screen-reading friendly.
It works best when you’re laying out your articles if you single space (or
even use a space and a half) between each paragraph of type. Also try
to keep your paragraphs short and resist the urge to pack everything,
kitchen-sink style, into a single sentence. Long sentences are easy to get
lost in.
Between paragraphs, use a double space. The extra white space
between paragraphs gives the eyes a second to rest before moving into
the new text.
Reading-friendly colors: Color can be your best friend or your worst
enemy online. The first thing to remember when dealing with Web site
colors is that colors display differently on-screen than they do on paper —
and colors display slightly differently on different screens. So test your
colors in the real world — online rather than on paper. It wouldn’t hurt
to take a peek at your Web masterpiece from a few different computers.
The second thing to keep in mind when dealing with colors is that computers
are already prone to causing eyestrain, so if you use wild colors
on your Web site, that exacerbates the problem. Believe me: Nothing’s
worse than clicking through a link to find a Web site with a black or dark
blue background and yellow type. It’s hard to read and will send your
readers clicking back to where they came from.
It’s always better to stick with muted colors, and white or black text.
Some of the most successful Web sites online have white backgrounds
with black text. These combinations are not only natural, they’re also
eye friendly. Even a black background with white text can get tiring
very quickly. So, if you absolutely insist that your Web site have broad
swaths of color, try to make it something that you don’t mind staring
at for five to ten minutes. If you can’t read a whole article in the color
scheme that you choose for your site, find a different color scheme. If
you don’t, your visitors will go elsewhere.
Titles and headings: Because reading is much more of a chore online,
many people don’t completely read everything. Those who do read
everything skim a page first just to make sure it’ll be worth their time to
read through it. That means you need to catch your visitors’ attention as
quickly as possible.
The best way to do that is with your article or blog post titles and headers.
Titles are the first impression you get to make with your article.
They should be catchy and in a larger font than the rest of the article.
It’s also a good idea to make them bold to stand out.
Headings are the mini-titles that signal new sections of your article or
blog post. Like titles, they should be larger than the text surrounding
them (but not as large as the title size) and should be in bold type-face.
This makes them both easy to skim and easier to read.
You want your headings to be catchy, but they need to be descriptive
as well. It does no good at all to use a header like, “Lost in Space,” when
your article is about pruning your prize roses. Readers won’t get it, so
they won’t connect the dots. A better heading might be something like
“A Snip in Time.”
There’s an added bonus to using apt titles and headings in your articles —
titles and headers are often closely examined by search engine crawlers
in their ongoing attempts to correctly categorize your site. The crawler
pounces on titles and headings to determine the content on your site,
so be sure to fill such elements with appropriate keywords and phrases
whenever possible.
Links within articles: One last element that you should include in
your articles and blog posts is links to other, related articles and blog
posts, both on your Web site and on others’ Web sites. Linking to other
resources provides additional information for your site visitors. Usually,
those visitors will click through those links and then click back to the
page from which they came. If you worry about visitors clicking away
from your site, never to return, set your links up so that they open in a
new window. Opening links in a new window keeps your Web site open
and in front of the visitors. When they’re finished examining the site
you’ve linked to, they can close the window and be right back on your
Web site.
Another advantage to using links to other resources is that when you
create links within your content, you’re adding to your link structure, a
facet of your Web site that search engine crawlers consider when ranking
your Web site.
Think of a link structure as the framework of links that you create on your
Web site. The framework includes internal links — those links that connect
your pages within your site — and external links, which lead visitors away
from your site. It also includes links that lead to your site from other pages.
Although it’s true that you have a little less control over how many other sites
link to your site, don’t underestimate the power of a little you scratch my back
and I’ll scratch yours negotiating. You can offer free articles to other Web sites
that include a link back to your site, for example, or you can just exchange
links with other Web sites.
The key is to keep a good balance of the links to other pages on your site and
the links to other pages off your site, and work diligently to bring other links
into your site from relevant sources. Links from Web pages that are unrelated
are much less useful than links from relevant pages. Just remember that
having too many internal links or too many external links could be more detrimental
than helpful. Try to keep an even mix of internal and external links.
Creating your own content isn’t difficult. It can take a little time, but when
you get the hang of formatting your articles and blog posts for the Web, it
goes faster, making it almost as easy as writing down your thoughts.
You’ll be rewarded for putting out the effort to come up with original content.
Web surfers are looking for new, original, and helpful information online.
Surfers who log on to the Internet do so for many reasons, but the numberone
reason stated by surfers is to find information. If the information you
provide is fresh and new, you’ll have more (and higher quality) visitors than
would ever be possible if you were using recycled content.
Hiring someone
Some Web site owners just don’t have the time to write their own content. If
that’s you, you don’t have to lose out on the value of original content. Instead
of doing it yourself, you can hire someone to do it for you.
Hiring someone, of course, means paying them. You can put ads on the Web
for writers to produce content for your site for free, but you get what you pay
for. In every case, the writer who’s willing to work for free has no (or very
little) experience, and many of them have no talent.
That said, exceptions to the rule do exist. Once in a while, you can find a
great writer, with experience, who’s willing to work for free because she loves
to see her name in print. This might work out for you one-tenth of a percent
of the time. The rest of the time, it’s just more headache than it’s worth.
You can, however, hire a writer without breaking the bank. Good writers are
often willing to work for small amounts of money (say $10 to $50 per article)
if the exposure is right, and if the person or company requesting the work
pays quickly and consistently. It also helps when articles aren’t too involved.
If what you’re looking for is a 1,000 word piece with three interviews, however,
you’re not likely to find a good writer to do it for $50. However, if you’re
willing to pay $200–$400, you won’t have a problem finding writers.
If you do decide that hiring a writer is the way to go, you need to get (and give)
contractual specifications in writing. Even if it’s nothing more than an e-mail
that states the guidelines for the article, the size of the article, the due date,
and the pay, you have to have something that both you and the writer agree
on. Then stick to your side of the bargain.
You may encounter writers who say they’ll provide what you’re looking for,
but then don’t. It happens, and the only way to be sure you’re getting someone
who won’t leave you high and dry is to check references. Treat writers
just as you would employees. Make sure they are who they say they are.
Then, be flexible about how the writer goes about writing the article you
request. As long as the article is turned in on time and meets the specifications
that you set forth in the beginning, don’t bug them about how they get
to that point. (Unless plagiarism’s involved — then you must get involved,
but there’s more about that near the end of this chapter.)
One other option that you have — one which could potentially cost you a
lot less than hiring a writer — involves inviting guest writers to put together
articles for your site. You have to use caution with this method, too, though.
Guest writers sometimes write a few articles that they pass around to everyone
on the Internet, which makes their contribution to your site not nearly as
valuable as if they wrote the article specifically for your site.
You can ask for that specificity, though. When you approach a guest writer,
nothing’s wrong with asking him to write an article specifically for your site.
Make sure you lay out exactly what you’re looking for, though. Usually it’s
okay to ask for the right to publish the article first for a specified amount of
time (like six months) before the writer allows others to publish it. You also
want to make sure you have the right to archive the article on your Web site
so that it remains available to users even after that six-month period (or however
long you choose) is over.
In exchange for writing for you, most guest writers want a small blurb or link
pointing back to their products and services. It’s usually worth it. In fact, it’s
so worth it that many companies have a stable of writers that write these
types of articles for them all the time. They offer these articles to all publications
that target their own audiences. It saves the company marketing dollars
and provides great content for your site.
One caveat when it comes to guest writers: If you plan to use a guest writer,
make sure the article that’s provided isn’t too sales-y. When someone comes
to your site to read an article, he doesn’t come because he wants to be sold to.
He comes because he’s looking for information. Nothing’s wrong with making
a recommendation for products or services, and nothing’s wrong with allowing
guest writers to include a small paragraph about themselves or their products
and services at the end of the article, but it still needs to be as objective
as possible.
A guest writer’s purpose is always to sell something. Whether that something
is a product or service, there’s an ulterior motive. It’s your job, as the site
owner, to keep that motive in check so you’re not running a big advertising
service. Always remember to give your visitors the information that they’re
looking for first and foremost. If you do, everything else is gravy.

Understanding (And Respecting)

July 10, 2009

With all these content issues floating around, it’s only right to address copyright.
As I mention earlier in the chapter, one of the reasons you see so many
articles on the Web in dozens of different places is because those articles are
placed on Web sites without the owners’ permissions.
This is the epitome of copyright infringement, and it’s illegal. It’s the same as
using a program like Napster to download music that you don’t want to pay
for. It’s out there, but it’s not ethical to use it, and it’s likely that you’ll eventually
wind up in some serious hot water if you don’t go through the proper
channels to get permission to use the article.
If you write articles for your own Web site and then find them on other people’s
sites without your permission, you’ll understand completely why copyright
is such a big deal. You worked hard to put that article together, and
whenever someone else puts it on their site without your permission, that
person is just being a lazy so-and-so. What’s more, having your article pop up
on every corner of the Internet devalues your content.
So, if you’re thinking about snagging someone else’s articles for your Web
site without her permission, forget it. It may look appealing now, but when
you get hit with a lawsuit for damages, it won’t be such a small deal. Writers
are usually fiercely protective of the articles and stories that they right. If
you’re stealing it, they’ll find out.
Determining copyright
Copyright infringement is a big deal, but copyright can be one of those tricky
determinations that leave you wondering whether you’re okay to use an article
or other piece of content. The following are basic guidelines for dealing
with copyright issues:
For any work published prior to 1978, and marked with the proper copyright
(©) notice, copyright lasted for an initial term of 28 years, renewable
in the 28th year for an additional 28 years.
With the introduction of the 1976 Copyright Act, copyright could be
renewed for an additional 47 years.
The Sonny Bono Copyright Term Extension Act of 1998 added another
67 years to that renewal period.
If a work published prior to 1964 wasn’t formally renewed, it entered the
public domain when the initial 28-year term expired.
In 1992, copyright renewal became automatic for any works published
after 1963. Copyright owners after that period no longer had to apply for
copyright renewal.
When all these considerations are taken into account, if the copyright
was renewed, the term of renewal was actually 75 years from the year
of publication — expiring on December 31 of the 75th year following the
initial publication — until the Sonny Bono act extended this to 95 years.
This all means that if a work was published in 1922 or earlier, it is probably
now in the public domain.
Works that were published between 1923 and 1963 have a 95-year term,
provided the copyright was formally renewed in the 28th year.
Works published between 1964 and 1977 have a flat 95-year term.
Works by individual authors created (meaning they just had to be written,
they don’t have to actually be published) after 1977 have a term of
the author’s life + 70 years.
Works by corporate authors, which are usually billed as works made for
hire, that were created after 1977 have a term of 95 years.
Determining when a work was first published can be a little tricky. If a copy
is available with a copyright notice, the notice should contain the year of
first publication. New editions, which are sometimes called derivative works,
meaning they have been derived from the original, often contain notices with
the year of the publication of the derivative work and not the original year
of publication; but if the date is prior to 1923, you can be confident that the
work in question and all its predecessors are in the public domain. Anything
published after 1923 is likely still under copyright protection, so you’ll have
to be granted permission before using that work or part of the work.
The guidelines I lay out earlier apply both to print and electronic works. If
someone’s created an original piece of work that appears on the Internet, he
owns the copyright on it, whether it was officially registered with the copyright
office or not. So, when you snag articles that are floating around the
Internet, you’re stealing copyrighted materials. Writers can be a fiercely protective
bunch. If you’re stealing their work and they find out about it, expect
to have some legal issues to deal with.
If the work you want to use falls into that borderline territory (originally published
before 1964), you may have to do a little more research. Every year,
the Copyright Office publishes a Catalog of Copyright Entries. This is in hard
copy form for the years up to 1982 and solely in electronic form since then.
The Catalog is online for entries since 1978. Some collegiate libraries have a
copy of the Catalog. If yours doesn’t or you don’t have access to a collegiate
library, you can visit the nearest Copyright Office to find a copy that you can
browse to find the work in which you’re interested.
The thing to remember is that even if a work was first published between 1923
and 1963, it’s in the public domain unless a timely renewal application was
filed with the copyright office. However, works first published between 1964
and 1977 must be assumed to be under copyright for the full 95-year period.
Requesting usage permissions
Unless you’re populating your Web site with material that’s turn-of-the-century
old, it’s a pretty good bet that you need to request permission to use a
piece that’s been published elsewhere. To do that, you must first determine
who holds the copyright.
Most materials contain the copyright symbol (©) and then a by line. It usually
looks something like this: © by The Author or Owner’s name and a date. The
name that follows the copyright symbol is who you need to contact to ask
permission to reuse the material or portions of the material. Under the Fair
Use doctrine of U.S. copyright law (specifically the Copyright Act of 1976),
you’re permitted to use a small portion of a work, without having to request
permission under certain circumstances. Those circumstances, however,
aren’t always clearly defined. In most cases, it’s up to a judge to determine if
the circumstances in which you use copyrighted material are permissible.
The size of a small portion is determined by the work that you’re planning
to use:
Motion media (such as movies): You can use up to 3 minutes, or 10 percent
of the original production, whichever is less.
Text: With text you’re allowed to use up to 10 percent, or 1,000 words
without permission, whichever is less.
Poetry: Poetry is a little different. You can use entire poems, up to 250
words, no more than three poems per poet, or no more than five poems
from a single anthology. If a poem is longer than 250 words, use is limited
to 250 words from the selection, no more than three excerpts by a
poet, or no more than five excerpts by different poets.
Music, lyrics, and music videos: Like other forms of content, with music,
lyrics, and music videos, you can use up to 10 percent of the original
work — not to exceed 30 seconds in the case of video. Also note that
you may not alter a work to change the basic melody or character of
the work.
Illustrations and photographs: Usage for illustrations and photographs
is limited to not more than 10 percent of the total number of images on
your site, or 15 images, whichever is less. No more than five images may
be used from a single artist or photographer.
Numerical data sets: You can use up to 10 percent, or 2,500 field or cell
entries, whichever is less, from a copyrighted database or data table.
Even though these guidelines are provided, it’s still possible to use only a
small amount of a copyrighted work and to be sued for copyright infringement
(which is using copyrighted material without proper permissions). That’s
because there’s also a spirit of intent taken into consideration. Any judge can
rule that the intent of your use of a piece of copyrighted material is unlawful,
meaning you can be liable for damages if this is the case.
For that reason, you should always seek to attain permission if you plan to
use any materials on your Web site that are copyrighted by another person
or entity. To obtain permission to use copyrighted materials, usually all you
need to do is request that permission be granted in writing. A sample letter
like the one below is usually enough to legally gain permission. When you
send the letter, ask that the copyright holder sign and return the letter to
you, and then keep it on file in the event that any question arises in the future
about whether you were granted permission.
Here’s the sample letter. Customize it to include your specific information:
Date
Material Permissions Department
Copyright Owner/Company Name
Street Address
City, State Zip Code
Dear Sir/Madam:
I would like permission to use the following for .
Title: Enter the title of the book here.
Copyright: Copyright information, including copyright date, goes on
this line.
Author: Enter the author’s first and last names here.
Material to be duplicated: List the exact material to be used and enclose
a photocopy of the selection.
Number of Copies: List the number of copies you expect to make. If this
is for inclusion in a book, list that intent and include the title, publisher,
and publishing date of the book on the next line.
Distribution: List the title of the work in which the copyrighted material
will be included. If it will be included in a book, include the book title,
publisher, and publishing date. If the material will appear in a periodical,
include the periodical details and publishing date.
Type of Reprint: List the type of reprint. This can be a complete reprint
or a quoted section of the original work.
Use: Finish up with a brief description of how you intend to use the
requested materials.
Please select the correct option below and then sign and return this letter in
the enclosed self-addressed, stamped envelope.
Thank you for your time and consideration.
Sincerely,
You Name
__You have permission to use the copyrighted material detailed above.
__You do not have permission to use the copyrighted material detailed
above.
Signed__________________________________Date______________