Google, Microsoft and Yahoo! all ask advertisers to comply with copyright law when using their services. Google and Yahoo! have their own copyright policy and complaints procedure and Microsoft will be happy to investigate concerns regarding copyright and address on a case by case basis

All of the search engine policies state that the use and protection of copyrighted content is currently the responsibility of you, the advertiser.

Copyright law and its application in search marketing is very similar to trademark law. As such, the trademark section [link] covers the majority of issues. This section will explain what copyright is and highlight the main issues specific to copyright.

• What is copyright?
• How do I register and protect copyright in search?
• Why is copyright law relevant to search marketing and what are the main issues?
• When can I use copyrighted material in search?
• Useful links

What is copyright?

The UK Intellectual Property Office defines copyright as:

Copyright protects creative or artistic works. You should only copy or use a copyrighted work with the copyright owner's permission.

You can copyright:

• literature , including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database

• drama , including dance or mime

• music

• art , including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos

• layouts used to publish a work, for a book

• recordings of a work, including sound and film

• broadcasts of a work

Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, and so on.

Copyright does not protect ideas for a work. However, when an idea is fixed, for example in writing, copyright automatically protects it. This means that you do not have to apply for copyright.

A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it.

Source: UK Intellectual Property Office

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How do I register and protect copyright in search?

You cannot register for copyright, as mentioned above, the process is automatic once an idea has become fixed (e.g. in writing). The IAB recommends that you gain witnesses for copyrighted material in writing as soon as possible – preferably from a legal representative. There are companies that offer unofficial registration but this may not be necessary as long as you have a record.

Why is copyright law relevant to search marketing and what are the main issues?

As discussed in our trademark section, search is a unique medium that allows advertisers to list their own advert and web content without using a mediator. Copyright law is therefore highly relevant because the advertiser holds primary responsibility for the use and protection of copyrighted material.

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When can I use copyrighted material in search?

As stated in the above definition of copyright, you can only use protected copyrighted material when you have the permission from the owner. This applies to all mediums including search.

There are separate rules for trademarks like a brand name. See our trademark section for full information.

Useful links

The UK Intellectual Property Office has a large UK copyright law resource - but for search engine specific information, please view the related pages on each of the search engine websites at the foot of this page.

Search engine trademark help pages:

• Google’s copyright information page and complaints procedure

• Microsoft adCenter Trademark Policy (covers copyright) - Will investigate concerns regarding copyright and address on a case by case basis. Please contact customer services or your account representative.

• Yahoo!s Copyright and Intellectual Property Policy

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