Print Media versus Online

Originally Published January 2008

Publishers obviously have a great interest in the online space, although the fear that "new" media will supersede the "old" media of print has not, as yet, materialised. Nevertheless a strong online presence is an important part of most publishers' arsenal. A general rule of thumb when considering legal issues in online publishing is that the law doesn't suddenly change when you move to the online space.¹ We have on more than one occasion told clients that their proposed (or active!) website is likely to constitute an infringement of other parties' rights, to be met with a response along the lines of "well, we're only doing what Publisher XYZ is doing, and they are much bigger than us, so it must be ok, right?". There is a perception that, because digital material is so readily available on the Internet and is easy to appropriate, re-use or link to, copyright law doesn't, or shouldn't apply. That perception is incorrect.