Fairness is a notion that we Americans learn as we learn our language. "Play fair," our mothers and coaches tell us. "It's not fair!" is one of our earliest retorts. Fairness is as much a part of us as apple pie-cut up into eight exactly equal slices.

When it comes to applying the concept of fairness to intellectual property rights, however, many of us are a trifle fuzzy. There are more than a few differences between the popular conception of what the fair use of intellectual property is and what the law says it is. After all, who hasn't made a photocopy of a published article, taped a duplicate of a music CD, or even distributed a copy of a comic strip?

The law, the Internet, and you

Fortunately, most folks don't have to worry about copyright. They simply go about their business, content in the knowledge that no government official is going to check their cubicle walls for copies of the latest Dilbert. There are times, however, when it pays to know what the distinctions are, especially if you're spending any time in cyberspace. The problems of preserving copyrights -the author's right to own, and receive income from, any work he or she has created-are difficult enough when you're dealing with printed works. But move the concepts of fairness and intellectual property rights into the international as well as the electronic world of cyberspace and things can get enormously complicated. You can buy yourself a world of real legal hurt if you don't know the rules of the game.

The laws regarding intellectual property and copyrights are the same no matter what communication medium you employ. If you don't own the copyright on the material you are posting, chances are you're violating a copyright. Even something as simple as scanning your favorite cartoon and posting it on your personal Web page is a no-no.

"Big companies are policing the Internet now," explains Jill Alofs, president of Total Clearance, a multimedia-rights clearinghouse in Mill Valley, California. "They're looking for rights violations, and they're serious about making people understand what's legally OK and what isn't.

"This doesn't mean you have to be paranoid," Alofs elaborates. "These matters don't usually end up in court. Usually you'll just get a cease and desist letter." Ignore the letter, she warns, and the companies will turn up the legal heat.

Twists and turns

Another twist to the Internet is that it's also an international publishing tool: your data is available around the world the moment you post it. That's great from an efficiency and distribution standpoint. What's not so great is that you're automatically subject to the laws of many lands. You may not be violating copyright in the United States, but you may be violating intellectual property rights or other laws elsewhere.