Copyrights entitle the owners to exclusive use of their original works of authorship. That right means that others cannot use — either whole or in part — the original work. This means that the work cannot be used, copied, displayed, performed, etc., without permission. Just as importantly, no works derivative of the original can be made, used, etc., without the permission of the owner.

Further, copyrights exist the moment creative original works come into existence, and copyrights do not depend on whether they are registered. If you violate another person’s copyright, you can be sued for copyright infringement. Defending the litigation will be expensive, and the potential monetary damages that can be recovered against you can be even more expensive. In this article, the Copyright Lawyers at Revision Legal offer some tips on avoiding copyright infringement.

But first, let’s look at some arguments that are NOT defenses to copyright infringement. First, no intent is required. Thus, it is not a defense to argue that “I did not know I was infringing a copyright.” Copyright law is a form of strict liability — if you infringe, you might have to pay. This is one reason to do your research when using non-original images and text. If in doubt, do not use it or consult experienced copyright attorneys. Along the same line, it does not matter where you got the creative work that is allegedly being infringed. This means that you must be sure who owns the copyright when you make efforts to get permission to use the creative works. Third, it does not matter if you see others using the creative work without permission. A good analogy is traffic speeding. It is not a defense to your speeding ticket to claim that “everyone else was speeding too.” That other people are infringing copyrights will not be a defense. Fourth, do not assume what you see or hear on the internet is accurate. For example, the “internet” will “tell” you that “sampling” is okay as long as you are only using 3 or 4 seconds of a song or video. There is no general rule like that. Every infringement case is unique and depends on what federal court hears the case. In California (where Hollywood is located), the de minimis rule of 3-4 seconds might be true, but maybe not in Tennessee (where Nashville is located).

In any event, here are some tips on avoiding copyright infringement:

• Use publicly available works — being publicly available means there is no copyright that can be enforced; publicly available includes works where the copyright has expired, where the work was given to the public domain, where the work was created by the federal government, etc.; publicly available means anyone can use the works without fear of infringing a copyright.
• Use works that are available through Creative Commons — usually, a work that is licensed through Creative Commons can be used as long as there is a proper and full attribution; but there are many types of CC licenses, so research is necessary for each work being used.
• Use only works that you have created.
• Get permission — a license — to use copyrighted works — this essentially means contacting the holder of the copyright (or their agent) and paying a royalty fee for use; for example, with sampling, it is best to get a sampling clearance (royalty payment); without a clearance, even a one-second use might result in an infringement lawsuit; any permission/license should be in writing.
• Tread carefully when claiming “fair use” — one defense to copyright infringement is “fair use;” if you are claiming fair use, tread carefully since you can still be sued for copyright infringement; you may win the case, but it will be expensive to litigate
• Cite and attribute fully and properly — citing and attributing are not defenses to infringement but can lessen the emotive element of some copyright cases.
• Consult with experienced copyright attorneys.

Contact the Intellectual Property and Business Attorneys at Revision Legal

For more information, contact the experienced Intellectual Property and Business Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.