Copyright Infringement

I recently experienced series of incidents of copyright infringement, from both the perspective of people inappropriately using our IP and copyrighted material and that of other people who have asked me for advice on similar issues. So I thought it might be a good time to review this in a more public forum. Below is a case study from ProfiTunes’ files to illustrate;

Hi,
I need some advice.I just received a letter from ‘Random Images’ demanding I pay a fine for illegally using a particular photograph. I was promoting a business and had used a picture from their own site! (It was an archived newsletter from 2009.) Anyway, I was wondering how you ensure that you don’t use pictures/graphics without permission – even unknowingly.Thanks for your help,
Jane Doe*

Hi Jane
This is an area that we’re very careful about. As we have protected our own Intellectual Property through Trade Marking and copyright, we’re careful to comply with respecting other people’s IP.

We actually pay a US based cartoonist for the use of 12 of his cartoons each year, and the other images in our newsletters are provided by the company who formats our newsletter and manages our distribution lists, Great Look. They have agreements in place with the providers of the images they use.
We bought rights to the images that we use on our website and in our marketing collateral when we rebranded in 2007.

One of the problems we have is that sometimes people will copy images from our own newsletters or website and use them without permission. All we can do is point them to our agreement, and suggest they buy their own rights. I’ve had to bulldog some companies who’ve copied text, trademarks and images from our websites and pasted them straight onto their own.

Anything else we use on our website, we either get permission first, or we buy an image. I don’t want to be sued!

I think it’s just a matter of being very aware, and ensuring that if you promote anyone else’s material that their rights of use pass to you.

Hope this helps.
* Names changed to protect privacy

Here are some pointers to remember when dealing with copyright material;

Enforcing your rights

An owner of IP rights is given exclusive rights relating to particular property. For example, those rights could be the exclusive rights to make copies of an image (copyright), to use a sign or logo in trade (trade marks) or to manufacture an invention (patents).

When a person other than the owner of the IP rights attempts to exercise the same rights without permission they infringe the IP rights of the owner. For example, a person who copies an image infringes copyright in that image.

Protecting copyright in cyberspace

The best way to protect your IP on the Internet is to take active measures to prevent its misuse. You can do this by including a section on your website, which details the terms and conditions for the use of your material.

This will usually take the form of a clearly visible notice at the start or end of a document, which states that use can be made of information only if proper acknowledgment is given. The notice may limit the use, which may be made of the information to non-commercial purposes.

Once your business is on-line, you will also need to ensure your website recognises other people’s IP. If you want to use other people’s copyright material, get their permission and comply with their conditions of use.

Several technological tools are available to protect content on the Internet. One tool ‘watermarks’ an image, identifying the holders of copyright, its country of origin and the permitted uses. This means that the content owners will always be acknowledged and the proper uses for the material are apparent.

This is information is part of the Australian Government’s site www.iptoolbox.gov.au and is worth a look at for more information.

Peter Rowe