Online presence is no longer optional for most businesses. As a business owner, you are probably juggling sales, operations, and marketing. When you’re stretched thin and still need to create content for your socials, it is tempting to grab a great article, image, or video you found online and use it for your own website or social media pages. Used correctly, third-party content can add credibility and even boost your business. On the other hand, if you use it carelessly, it can land you in hot water, legally. Let’s walk through how you can use content created by others the right way.

Start by Identifying Copyrightable Content

The first step is knowing what is actually protected by copyright. Most images, videos, text, graphics, audio, and even website layouts are automatically protected by copyright the moment they are created. So, you cannot assume something is free just because it is publicly available. The only scenario you can do this is when the owner explicitly says it’s free to use.

Once you identify if the content is protected by copyright, understand what rights the owner controls. From there, you can decide whether you need permission, a license, or whether an exception applies.

Identify the Copyright Owner

Before using third-party content, always ensure you know who actually owns it. In some cases, the person who posted the content may not be the owner. For example, a photo shared on social media may still belong to the photographer or agency. Avoid relying on assumptions that something is “royalty-free” or “public domain”. Instead, do your own verification. Identifying the person or agency that owns the rights to the content you wish to use allows you to request proper permission and avoid disputes later.

Do Not Modify Content Without Permission

Once you are allowed to use the content, that permission may be limited. Cropping, recoloring, or adding filters could exceed the scope of the license. If you wish to modify third-party content in any way, seek approval first. Otherwise, it is better to create content from scratch.

Verify Permissions and Keep Records

Whenever you obtain permission or a license, ensure you document it. Save correspondence, contracts, license terms, and screenshots. This can protect your business in case a question or dispute ever comes up. If you have a team, ensure they know when permission is required, how to attribute properly, and where evidence of permission or licenses should be stored.

Understand Fair Use

Fair use allows limited use of copyrighted material. According to the fair use doctrine, you must consider the following:

Purpose and character of the use

Nature of the copyrighted content, that is, is it factual or creative? Factual content may be treated more leniently than highly creative work, like photos, music, and films.

Amount and substantiality of the portion used

Impact on the market for the original work

To meet the fair use requirement, it’s advisable to use third-party content as support. This means that the content should complement your own work, not replace it entirely. Try to pair it with original research and analysis. This not only reduces your legal risk but also strengthens your brand voice.

Contact the Internet Law Attorneys at Revision Legal

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