Don’t Feed the Trolls: How to Avoid Copyright Flags

Got hit unexpectedly with a copyright infringement notice for content you shared on the Internet? Or looking to avoid being the next victim of copyright laws and trolls?

We compiled everything you need to know to avoid a possible breach.

First things first, you will need to grasp key concepts and learn how infringements occur. Let’s dive in.

Covering the Basics

While regulations may vary in the US and other parts of the world, in Canada, copyright constitutes a person’s exclusive right to their creative work. The Copyright Act governs the rules for copyrighted material, covering definitions, infringements and potential remedies for original creators.

Simply put, copyright protects an artist’s production against repurposing and distribution by strangers on and off the Internet. Whether it’s a painting, graphic design, a musical piece, written content, or an artistic performance, the copyright owner has rights to produce, reproduce, publish and perform. Accordingly, in the event of an infringement, they can pursue legal action and seek monetary compensation.

Section 3(1) of the Copyright Act affirms that “copyright, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof.”

That begs the question: how can marketers and content creators easily share copyrighted work? Fortunately, the following licenses give access to a library of resources and authorize usage subject to certain rules and limitations. Here’s a breakdown.

Disclaimer: keep in mind that this is a non-exhaustive list. Make sure to always read the copyright restrictions and license terms associated with each work you plan on using down the line.

Royalty-Free Licenses

Royalty-free is often misinterpreted as “free of charge,” which could be confusing in regard to copyright. Essentially, it is the common term for “free of royalty,” which means that–once the license is acquired–royalty charges and ongoing payments for each subsequent use are not required. If you stumble upon royalty-free content, such as Shutterstock, Adobe Stock and iStock, you must purchase licensing as it represents permission to use the work.

There are several websites like Rawpixel, Unsplash and Pixabay that provide access to both royalty-free and license-free work for you to take advantage of—i.e. content that you may download without any charge. That is to say, license-free content relieves you of paying a license fee in exchange for usage rights.

Otherwise aforementioned, always bear in mind the licensing fee if you intend to use royalty-free work.

Creative Commons Licenses

Creative Commons licenses allow the usage of an array of work by creatives on standard terms and conditions. In other words, as long as the license restrictions are respected, content that falls under this category can be shared by the public without seeking authorization from the original creator.

These licenses constitute a good source for copyrighted work as they are easily accessible and the copyright restrictions are kept simple.

Public Domain Tools

Public domain content may be used freely, as it means that the term of copyright has expired and the original creator’s rights to their work is waived.

If you come across content in the public domain, know that it is available for immediate use without having to seek any permission.

Best Practices That Will Prevent You From Landing an Infringement

So, what’s the best technique to avoid a violation of the Copyright Act? The short answer is quite simple: to understand the licensing terms associated with each artistic work you wish to use and to credit the source at all times. It should go without saying, right?

By way of illustration, assume that you intend to upload on your website a number of images and musical compositions that you found online. How do you proceed from there?

1. Determine the usage rights

Identify whether you are authorized to use the images and music you found online. When in doubt about the copyright restrictions, limit yourself to researching for content under one of the aforementioned licenses. If absolutely necessary, you may also contact the artist to request written consent to use their work. If you’re lucky enough, you may be granted permission.

2. Credit the original creator.

Was the copyright owner considerate enough to authorize you to use their music in a given context? Don’t shy away from crediting them.

Did you download royalty-free and license-free images to use on your website? Give them credit.

In a nutshell, always credit the source. Not only does it help keep you out of trouble, it also counts as an act of appreciation toward the artist. You can add a caption to your media with a source credit, or add their details in the alt text of the asset.

Can I use this content? Quiz to hep you understand copyright

Accused of an Infringement? Follow These Steps to Protect Yourself From Copyright Trolls

Disclaimer: this does not constitute legal advice and is only meant to provide basic insight. For legal assistance, please contact an intellectual property lawyer.

If you think you respected most copyright requirements but still find yourself dealing with copyright trolls, proceed as follows:

Stay Calm and Read the Copyright Infringement Notice

Received an email informing you of an infringement? Don’t panic. Read the notice and examine what it entails. In some cases, you may simply be required to make modifications or refrain from using certain content to avoid escalating the issue. But, in other cases, it may be more serious.

Once again, remain calm and read the notification carefully.

Understand the Nature of the Claim and Verify its Legitimacy

Find out where you allegedly went wrong and proceed to verify the validity of the claim. The notice may either have no basis from the outset or involve certain exceptions.

Before you engage in any back-and-forth with the sender, make sure their claim is well-founded.

Put Together a List of Defenses or Figure Out How to Rectify Your Mistake

Cover your bases.

If you’re concerned about serious consequences, compile a list of defenses you may ultimately want to use. And if you think you can remedy the situation through an agreement, identify the ways you may address your arguments.

Contact a Lawyer if Needed

You may find that you lack the proper legal knowledge and feel safer receiving expert advice, so don’t hesitate to book a consultation with an intellectual property lawyer.

If you need more help, get in touch with us or subscribe to our newsletter for more tips and strategies.