Ok, let’s get the important stuff out of the way. I am not a lawyer, and nothing in this article is legal advice. If you have questions about copyright issues, be sure to contact a lawyer who works in that area.
Now let’s move on to talk about the delicate issue of copyright law. This affects any content that you use anywhere. Copyright infringement is a serious issue. You can face lawsuits for using content without permission. So it’s important to take the proper steps to protect yourself and your business.
What Is Copyright?
Copyright refers to the rights of the creator of a work. We often think of it as applying to books. However, it also applies to many other creations. That includes paintings, photographs, music, and more.
It’s legal protection to help make sure that the author or creator has their time and effort protected. Copyright protects against theft of intellectual property (often abbreviated IP).
Copyright is different from trademarks in a lot of ways. Trademarks can be a name or logo. They might even be a slogan. And trademarks need to be registered.
Do Copyrights Need to Be Registered?
We know we just implied that creators don’t need to register their copyright. But that’s 100% the case!
But that’s completely accurate! Under US copyright law – and the laws of most other Western countries – copyright is automatic. If you create something original, including taking a photo, you already have copyright.
In the same way, no one needs to put the copyright symbol © on their work.
Of course, some authors elect to place their work in the public domain. This means they forfeit any rights to it. In that case, anyone is free to use the image.
On the other hand, a copyright holder can grant permission for someone to use his work. They can even set rules for how it can be used. The Creative Commons Attribution Licenses, for instance, let a copyright holder set rules for how their work can be used. The creator retains the copyright and can change the license if they wish.
Because of this, we always have to assume that a work is protected by copyright unless otherwise stated. That means you need to request permission to use it.
Of course, if you create a work, you can register it. This will help protect your rights and making it easier to pursue anyone who infringes on them.
What Does This Mean For My Social Media and Website?
Basically, you cannot use any copyrighted material without obtaining permission. Of course, if you really want that permission, it’s always best to get it in writing.
There aren’t exceptions to this. You can’t use a photo just because you cite the photographer or link back to their site. You can’t reprint a book. You can’t use a video.
These apply equally to websites and to social media. You can be violating copyright law by publishing something that belongs to someone else. So don’t do it. Even if you modify it, their work is still protected.
Using “share” or “retweet” on social media seems to be legitimate since you aren’t actually the one publishing the picture or text. Instead, you’re making others aware of it.
Embedding videos from Vimeo or YouTube can also be legitimate. Since you aren’t actually hosting the video on your site, it’s not considered infringement (on your part). Also, these platforms already build in copyright protections. However, try to stick with videos from official channels, not bootlegged copies that are likely to be taken down.
Where Can I Get Images?
Of course, there are a lot of places to find images and other content that you can use.
There are many images that are in the public domain. That can be because the copyright expired or because the creator deliberately designated them as such.
The website Snappa did a great article that lists over 20 sites where you can find public domain photos. We’ve used a lot of these sites ourselves.
Google’s image search can also point you in the right direction. Once you do your search and are looking at the “Images” results, you can click “Tools” to open a secondary menu. Under “Usage Rights” there are several options. However, be sure to follow the link to the individual image. Some are in the public domain while others are licensed under Creative Commons or similar licenses.
There are also places where you can purchase rights to stock photos for particular uses. Fees can vary based on size, image quality, and type of image. Be sure to read the license carefully (yes, we know – BORING!) to make sure it fits your needs.
Be sure to include any relevant information such as the creator’s name and the relevant license when required. And if you use images that don’t require a license but do accept donations, try to be generous!
What To Do If You’re Unsure
It’s best to err on the safe side if you’re unsure about the copyright status of material you want to use. That means that unless you can verify that you’re allowed to use it, don’t use it.
Ignorance of the copyright status isn’t a valid legal excuse. However, most claimants will first send a notice or “cease and desist order.” In those cases, it’s best to comply at once. Respond respectfully to their request, too. If you have doubts that the person making the claim is the actual copyright holder, you can request proof. But in the meantime, remove the possibly offending material.
Protecting yourself from copyright infringement allegations is a sound financial strategy. It’s also a sign of respect for writers and artists, no matter what their medium. Always assume that any material is copyrighted unless you find information to the contrary. Doing so will help keep you happy and protected!