There was a time on the Internet where anything was posted or copied from another source without a care, but those days are long over. Businesses and individuals need to pay close attention to where they are sourcing their materials from. That is, if they are not the creator. A major concern for websites these days is making sure all content is properly licensed. Otherwise, website owners may be sent a variation of cease and desist letters, demand letters, DMCA notices, and/or a lawsuit action. The following tips provide information on how to best avoid the above mentioned correspondence.
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Protected Content
Assume all content is protected. Also, don’t assume that the owners of the content are not scouring the Internet looking for unauthorized uses of their work—they are and they will contact you through one of the methods stated above.
There are many websites out there that can help you find out whether an image is protected, but remember that these tools are not a 100% full-proof. You should always do the research to find the correct owner of the content.
Keep in mind when users post content on their social media accounts, such as Instagram or Facebook, it does not mean those users own the content. You must put an effort into finding out the true source of the content before it is shared on your website and/or social media platforms. Additionally, many photos/videos come with a watermark or logo placed directly on the content. This is a good indicator, or at least a starting point, of finding out who owns the content.
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Reliable Sources
License all content from reputable sources. Some websites even offer free stock photos, just make sure to research whether the website is credible or not. If you have someone else handling your website, whether it’s a freelancer or an employee, be sure to inform them that it is everyone’s responsibility to ensure that all images, videos, and/or written content being used by you or your business are authorized from a reputable source. This should occur prior to the content being uploaded and/or posted.
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Know What Your License Allows
Once you have found a reliable source(s) to license images and videos (or even stories), you must find out what the license allows and limits. Some licenses are for a specific time period such as one (1) year. Others allow the content to be used for online purposes only and any offline use requires an additional license. Be sure to read what the license includes before purchasing. If you end up using the content in areas beyond the license, you might find yourself on the receiving end of a breach of copyright license and/or copyright infringement action depending on the nature of the breach.
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Back-Up Proof
If you are licensing content from smaller companies that handle their licensing somewhat informally, you should have back-up proof of the authorization to use the content in the event of any dispute, such as screenshots of the licensing page or e-mails that detail the licensing agreement. The general rule is to save all communications with the source, including any online forms that you may have submitted to their website.
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Keep Detailed Records
You should maintain a detailed log of images, videos, and other content being used on each of your platforms, such as your website, Facebook, Instagram, etc. The log should also include which reputable source the licensed content came from, contact information for the source, the date it was licensed, the date the content was posted, content location, who or what the content is of, and any other identifying details of the content such as the captions and/or hashtags used for the content.
Remember, in the long run, licensing your content will be a lot cheaper than dealing with an infringement claim.
If you are having difficulty distinguishing what type of content you need to license or if you have already received a notification of infringement, contact The Myers Law Group for assistance.