If you've published something on the internet, there's always a possibility that it will end up duplicated elsewhere. Whether it's blog content or website content, images or written word, the internet gives people plenty of opportunities to copy your work.
If your company posts content online, then your work, writing or photographs appearing elsewhere could cause you to lose money, lose business or even direct customers to your competitors. We've investigated the misconceptions about copyright law, what fair use is, and how you can protect your intellectual property.
I've heard that...
...if it's on the internet, it's fair game
Just because it's on the internet, it doesn't mean anyone is free to copy it, take large elements, or duplicate the work. You still own the work that you've published, and if someone copies your work you have the right to ask them to take it down.
...if they've reference you or your business as the source, it's perfectly legal
Even if they've referenced you in the work as a source, if it's clear they have copied your work in part then copyright still applies. This is called a derivative work, and copyright is still applicable if someone has published an adapted or abridged version of your work without your permission.
...if didn't write a copyright notice, so anyone can copy my work
You don't need an explicit copyright notice listed on your website, photographs or blog to be protected against infringement. Even once you've published something online it belongs to you (or if it was commissioned work, your employer) - it's an automatic right.
...if I'm not earning money from the material, it's fine to use
This is completely untrue. If you were earning money from someone else's work and that person took you to court, then you would be required to pay for the money you earned (as well as damages for copying the material). But the financial value of the work doesn't dictate whether infringement has taken place - if you've duplicated it, you can be taken to court.
So how can I protect my content?
Even though you don't need a copyright notice, it is a great deterrent against potential infringement and it's one of the simplest precautions you can take. It will help people remember that your work is protected, and they need your permission to use it.
It doesn't need to be long or complicated; there's some tips on writing one here. If you're protecting image files, pop a copyright notice in the image properties. Make sure that every page on your website, and every image that you publish has a copyright notice.
Unfortunately, there's always a chance that someone might copy your work - particularly when it's online. But there are actions you can take against perpetrators.
Someone else has used my work - what can I do?
The first thing you should do is collect evidence of the copyrighted material. Then you could consult a lawyer, who can advice you on the next steps that you can take. They may choose to contact the person or business, or make a claim through Intellectual Property Enterprise Court.
Alternatively, you could send a cease-and-desist letter to the perpetrators yourself, asking them to remove the offending content and to respond within a certain time frame. Be polite - they might not understand that they've done anything wrong. However, if they don't get back to you then it's worth seeking legal advice. There's some further guidelines here.
But what about fair use?
Using short quotations or exerts of other people's work is considered fair use (or fair dealing) as long as the quotation is no longer than is necessary for the purpose. This means that you can use a quote to illustrate a point or reinforce your argument - not that you can publish an abridged form of an article or essay and just pop it in quotation marks.
There's no 'one size fits all' for fair dealing. It's the perceived importance of the duplicated material that will be contested if it goes to court, not the length of the work or how many words you've used (and changing the odd word in a sentence doesn't constitute fair dealing either). If in doubt, do your research and always seek permission from the copyright owner.
What should I do if I've used someone else's work?
It doesn't matter whether it's an audio clip or a business proposal, an article or an image file - if you've used someone else's work on your own website or within your business, you could be taken to court and charged for using the content.
If you want to use something someone else has published, make sure you obtain their written permission first. Otherwise, take that content down - or your business could find itself on the receiving end of a lawsuit.
If you're worried about copyright law, consult a lawyer. This article is for advisory purposes only, and should not be used as legal advice.
