getty
Just because it is easy to grab something from the internet does not make it the right thing to do.
Using images and passages to liven up your marketing materials may seem like a good idea, but not if you are stealing the content.
For legal advice on copyright law I turned to Deborah Reid, a lifelong painter, author and practicing attorney. Reid is an experienced federal practitioner with over 40 years’ experience. Her legal practice is focused on empowering artists, innovators and entrepreneurs with customized contracts, licenses, copyright, and trademark services.
She has been admitted to the bars of California, New York, New Jersey, and Florida. She holds a B.A. from Northeastern University and a J.D. from the University of San Diego School of Law. You might say she knows stuff that can keep you out of trouble. Here are four ways Reid advises people on how to steer clear of copyright problems:
Understand the purpose of copyright. Its application will make more sense. “Copyright is a social bargain based on the recognition that creative intellectual activity is vital to the well-being of society. In exchange for sharing their work, monopoly exploitation benefits are given to artists for a limited time to ensure a fair return on their labor. Today’s technology strikes at the heart of this bargain. The ease of digital consumption of images needs to be balanced with a process that compensate artists fairly and fosters a dynamic culture.”
Know how copyrights are created and protected. “Copyrights exist automatically upon the fixation of an original work in a tangible medium,” says Reid. “It is not necessary to affix a copyright notice or to register the work with the US Copyright Office for the copyright to exist. It is easy and prudent to do both. Although not required, notices are informative and may discourage unauthorized use. A notice simply includes the artist’s name and year of first publication or creation. Copyright registration has a few more steps but is still relatively simple and is very important if your work is infringed. Registration is a prerequisite to enforcing copyrights in litigation.”
Explore the public domain. “The public domain is the quid pro quo for a creator’s initial economic monopoly,” says Reid. “In exchange for an economic monopoly, copyrighted works fall into the public domain when the copyright expires. The public domain has been analogized to a public commons or national park. Along with works whose copyright has expired it is populated with works that are categorically ineligible for copyright protection like the simple geometric forms, colors, descriptive facts, ideas, and many government images. Work in the public domain can be used by anyone for any purpose without payment or permission.”
Err on the side of caution, creativity, and respect. “If you did not create the image, don’t have permission, or have not confirmed that it is in the public domain, don’t use it,” says Reid. “Assume that exceptions such as the fair use doctrine, a free-speech protection built into copyright law, don’t apply. Respect the creativity of others. Get permission.”
Reid is the creator of Law: Artfully Explained Seminars that explain and illustrate copyright law, contracts, freedom of expression and art law. She presents seminars at universities, art schools, cultural institutions, and bar associations. She also provides CLE (continuing legal education) courses. https://www.reidartlaw.com/
