There’s No Defense for Copyright Infringement
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 make sure we don’t intentionally or accidentally infringe someone else’s copyrights.
I know you don’t want to be an infringer. Not just because you might get caught but because we have an ethical duty to respect each other’s property. Intellectual property is property.
More specifically, when you are an expert, IP is your inventory. In no other business would we think that we can get our inventory for free or that we can take someone else’s inventory without their permission. Gah.
Without getting too far into the weeds, know this: There is no defense for copyright infringement. Ignorance is not an excuse. Good intentions are not an excuse. And for avoidance of doubt, none of these are excuses either:
I FOUND IT ONLINE.
Publicly available does not mean it is in the public domain. 99% of the content you find online is someone’s intellectual property. (So I made that number up--but the vast majority of the content online is someone’s IP.)
I’LL NEVER GET CAUGHT.
Think about all the cameras everywhere. Think about the ads that pop up in your browser when you swear you only mentioned something in passing to a friend. Everybody is watching. 👀
IT’S FOR EDUCATION.
Fair use is a defense. Okay, you got me there. But let’s focus on the word “defense.” If you are using a fair use defense, that means (i) someone sued you, (ii) you have hired a lawyer, and (iii) the meter is running on preparing your defense. You lose regardless of the result.
I EMAILED. I CALLED. I FAXED. I FEDEXED. BUT I NEVER RECEIVED A REPLY.
Doesn’t matter. Intellectual property is property. Free advice: If you ring someone’s doorbell and they don’t answer, don’t let yourself in. 🤦🏾♀️
IT’S FOR INTERNAL USE ONLY.
Every time you deliver a training to a client, it is for their internal use only. Does that give them the right to use it to create their own training without getting your permission? (The answer is 100% “no” if you’re using your client services agreements correctly. If you’re not sure, let’s talk.)
Always Seek Permission: If the content is protected by copyright law and you wish to use it, seek permission. Get permission in writing, specifying the scope of your use, the duration of your use, and any compensation or attribution required. If you can't get permission, practice the Golden Rule.
IP is fuel! 🚀
Erin