Linking and using embed code

Linking provides a digital pointer so people can access the content from the source. There is no copyright issue in linking, so long as the content you link to has been made available legally and is not pirated.
Embedding content using code is similar as it creates a connection from your website to the hosted content. However, with embedding, it can appear as though you have copied material and are hosting it. To avoid this issue, include a note to advise the content is being embedded from the hosting site.

Licensing, permissions and terms of use

Terms and conditions are boring to read, but they’re really informative around if and how you can re-use material from the website. Many websites allow “personal, non-commercial use” which is problematic because the two terms are connected meaning that it’s only for your personal use and only in the instance that your personal use isn’t commercial in nature.

Some websites will allow broader non-commercial uses which may allow you to post a copy on your business website, providing that your use isn’t considered commercial (i.e. using the article for the purposes of generating a profit). You can be a commercial company but be using something for non-commercial purposes – it is the use that is important. If you’re ever uncertain about whether your use is commercial or not, or are uncertain about the terms and conditions, seek assistance from a legal advisor within your place of employment to ensure that someone with expertise in reviewing contracts can make the appropriate interpretation.

Terms and conditions can act as a license to use content. In some instances, the terms and conditions may advise that content on the site is even licensed under Creative Commons. If this is the case, then you can re-use the content as allowed under the Creative Commons licence.

You should already be familiar with Creative Commons, but if not, it’s really helpful to know about and understand.

To find out more visit:

• Our Creative Commons page (opens in new tab)
• About the licences (opens in new tab)

Or watch:

Video: Creative Commons licences explained

• Creative Commons licences explained (opens in new tab)

If the terms and conditions don’t allow your use, remember you can also ask for permission (opens in new tab). Contact the copyright owner, outlining what you’d like to use, how you plan to use it and for how long. Make sure that you get a response in writing, and keep it as proof of permission (opens in new tab).

Out of copyright/copyright has been waived

Copyright lasts for the life of the creator + 70 years, however, works where the creator died before the 1st of January 1955 will also be out of copyright due to an earlier law.
A copyright owner can elect to waive their rights. If they have done this, the work is free of copyright.
When works are free of copyright, either because the copyright has expired or the owner has waived their rights, they are legally considered to be in the ‘Public Domain’.

4.3.1.1 Activity Copyright permission

Here's a chance to test your knowledge. Use the information and links provided for each image to decide whether they are in or out of copyright.

Note - Please make sure you check your answers to complete the activity and record your result.