COM 530 8-2 Short Paper
Copyright is an intellectual property law that (currently) defends the exclusive right—a monopoly, as it were—of the owner of a work or publication to exploit said work or publication. In other words, only the owner of a work—or his estate, family or heirs—can publish, sell, reproduce, make copies available or otherwise distribute the work for a specific number of years, which varies according to who created the work and how. The federal statute that governs copyright lists seven categories copyright law protects: “(a) literary works; (b) musical works, including any accompanying words; (c) dramatic works, including any accompanying music; (d) pantomimes and choreographic works; (e) pictorial, graphic, and sculptural works; (f) motion pictures and other audiovisual works; and (g) sound recordings.” (Moore et al., 2012)
This protection is extended to materials available on the Internet. Literature or other author-created copy (including those found on personal or corporate blogs), digital music sold or otherwise distributed online, computer software and programs, movies and television shows or videos that are made either commercially or by private individuals, all enjoy copyright protection, whether or not there is a copyright statement or registration statement accessible by the consumer of the content. It is a very common misconception that a work (whether on the Internet or elsewhere) is not protected by copyright unless such copyright is formally registered and unless the copyright statement is made available to the consumer; in fact, a work is automatically copyrighted as soon as it appears in a “tangible medium,” which includes its appearance on a website or other online platform such as social media or streaming services. This means that even if a copyright message or registration notice does not appear on a work you are hoping to include in your own projects (such as the inclusion of a YouTube video made by a private individual), you are not free to simply download and/or link to this work without seeking the express permission of the content creator.
The following are some guidelines that will help you avoid leaving yourself—and your company—open to legal action brought about by copyright infringement.
- Check to see if the content you would like to use or reproduce as part of your own work or project offers licensing guidelines. For example, the popular stock image website www.istockphoto.com licenses the images it offers in one of two ways, either with a standard license or an extended license. (iStockPhoto.com) Each covers different uses for the image to which it pertains, and a full description of permitted usage is available in its “Help” section. If your department has existing contracts with external content providers, your supervisor will have this information, along with the appropriate licensing and attribution guidelines.
- Unless there are licensing terms specified for the content you hope to use or reproduce, do not assume that simple attribution, however properly formatted and completely cited, will suffice to avoid copyright infringement. Contact the content creator to ascertain in writing what he or she will require in order to permit the reproduction of the work in question, and discuss the author’s requirements with your supervisor to ensure full compliance.
- Consider using content available in the public domain. This includes content whose copyright has expired, has not been renewed, or was never copyrighted in the first place (e.g., because it was created before copyright protection laws were in place). It is important to practice due diligence to ensure that the content under consideration is in the public domain, and even if it is, ensure that the appropriate attribution is included as part of your reproduction or use of the content.
- Consider using content created by the company. Work prepared by your colleagues for the company do not enjoy copyright or intellectual property protection when used within the company, and the use of such will not incur liability as a result. However, be considerate of your colleagues: plagiarism is never acceptable. If you would like to include a colleague’s work in your own, you or your supervisor should discuss the situation with the colleague, and ensure that the work is attributed transparently and fairly.
- Whenever using content created by someone else, regardless of how that content has been (legally and ethically) obtained or the extent of the written permission given, always identify your source(s) clearly, completely, and accurately. Adopt this concept from the code of ethics published by the Society of Professional Journalists for yourself: “The public is entitled to as much information as possible to judge the reliability and motivations of sources.” (Society of Professional Journalists, 2014) Our clients and your audience deserve the same consideration.
- Do not fall into the “Fair Use” trap. There are common misconceptions attached to the phrase, “Fair Use,” that using less than 10% of an entire work is acceptable without any attribution or the author’s permission; that as long as the work is properly cited or attributed, permission from the original content creator need not be sought; that the First Amendment’s right to free speech somehow circumvents copyright protection… none of these is an example of Fair Use. The Fair Use doctrine applies only in cases that involve “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” (Thomson Reuters Westlaw) Ours is a for-profit company, which develops marketing materials for our clients. As a result, the majority of the content created does not fall under the scope of the Fair Use doctrine.
- As always, if you have any doubts or questions about the information or content you are hoping to use, feel free to reach out to your supervisor or to the Legal team: that’s what we’re here for!
References
iStockPhoto.com. (n.d.). What license do I need? Retrieved from iStockPhoto.com: http://www.istockphoto.com/help/licenses
Moore, Roy L.; Murray, Michael D.; Farrell, Michael; Youm, Kyu Ho. (2012) Media Law and Ethics (Routledge Communication Series) (p. 248). Taylor and Francis. Kindle Edition.
Society of Professional Journalists. (2014, September 6). SPJ Code of Ethics. Retrieved from Society of Professional Journalists: http://www.spj.org/ethicscode.asp
Thomson Reuters Westlaw. (n.d.). 17 U.S.C. § 107 – U.S. Code – Unannotated Title 17. Copyrights § 107. Limitations on exclusive rights: Fair use. Retrieved from FindLaw: http://codes.findlaw.com/us/title-17-copyrights/17-usc-sect-107.html