Copyright Infringement Basics, Part 2: How to Avoid Accidentally Infringing Someone Else's Copyright
Last week, I covered the consequences and penalties that can be levied against an infringer. They included money damages and criminal charges!
No one wants to be an infringer. Not just because you might get caught, but because we have an ethical duty to respect each other’s property. And intellectual property is property.
IP is inventory when you are an expert. In no other business would we think that we can get our inventory for free or that we can borrow someone else’s inventory without their permission. Never.
But that happens too often when it comes to intellectual property and expertise because it isn’t tangible. It’s all over the internet—for free.
We know better. And we believe in building businesses that put more wealth in the hands of women. The last thing we want to do is steal from each other.
Let’s practice the Golden Rule of Copyright: Do onto others as you would have them do onto you.
That means it is our duty to educate ourselves so we don’t infringe copyrights due to our ignorance (which, by the way, is not a defense).
This weeks episode of Hourly to Exit does a deep dive on each of the following steps, so check it out for more information.
Six Steps to Avoid Accidentally Infringing Someone Else's Copyright
Educate Yourself About Copyright Basics: Make sure you understand what copyright is and what it protects.
Research Before Use: Before using any content (text, images, music, video, etc.) that you did not create, research its copyright status. Just because something is available online doesn't mean it's free to use. And remember that a copyright notice is not required for something to be copyrighted.
Seek Permission: If the content is copyrighted and you wish to use it, reach out to the copyright holder for permission. Get permissions in writing, specifying the scope of allowed use, duration, and any compensation or attribution required. If you can't determine the copyright status or can't get permission, it's safest not to use the content.
Use Copyright-Free or Licensed Resources: Utilize public domain and Creative Commons works when possible. Materials in the public domain aren't protected by copyright and can be freely used by anyone. Creative Commons licenses provide a standardized way for creators to grant the public permission to share and use their creative work on conditions of their choice.
In addition, there are many platforms (such as Shutterstock and Getty Images) where materials are available for pre-negotiated license fees and terms. Of course, always read and adhere to the terms and conditions of every license.
Keep Records and Stay Updated: Maintain a record of all permissions, licenses, and correspondence related to the content you use. Keep track of expiration dates or any other conditions to ensure you stay in compliance with the permission. Remember that using the content in any way that is not permitted in the license is infringement.
Periodically review and refresh your knowledge of copyright laws as they can evolve over time. This is especially important as the law continues to evolve with respect to generative AI.
6. Last--but not least--Seek Legal Advice When in Doubt: If you're unsure about the copyright status of a particular work or how to properly use it, consult with a copyright attorney.
By following these steps, you can minimize the risk of unintentional infringement and avoid potential legal, ethical and reputational complications.
Got questions. Reach out!