In the age of the Internet, many small businesses and individuals seek images online and use them for a variety of purposes in their own online marketing and advertising. Without realizing it, these individuals and small businesses may be committing copyright infringement. In this blog post, Brinkley Morgan attorney Stacy Schwartz shares information to help avoid copyright infringement online.
What is copyright infringement?
Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
How can copyright infringement occur?
Copyright infringement often occurs when individuals copy and paste photos or images from the Internet for use in their own materials, such as websites, blogs and online advertisements. Moreover, many web designers use images from the Internet to create websites on behalf of their clients, without first determining whether such materials are protected by copyright. The ultimate or end user of a copyrighted work without authorization can be subject to liability even if the copyrighted material was placed by a third party, such as a web designer.
Can copyright infringement happen mistakenly?
The fact that the infringement was unintentional does not absolve one from liability. Individuals and small businesses may be liable for copyright infringement without realizing it. Unfortunately, innocent infringement is still copyright infringement, and a copyright holder can sue an innocent infringer for money damages.
How can copyright infringement be prevented?
Before using photos or images you find on the Internet, check to see if the materials are copyrighted. Also, if you use a web designer to develop your website, you must ask the designer for documentation that the materials are not subject to copyright or that the materials are authorized for use by you pursuant to a license. Before hiring a web designer or third party to create a website, consult an attorney who can advise you on appropriate language that can be included in the contract for services to protect your interests. Do not assume that your web designer obtained permission to use and reproduce images and photos on your website. Under the law, it is your responsibility to protect yourself from committing copyright infringement.
If I am accused of copyright infringement, what are my options?
You should immediately seek specific advice from your legal counsel of choice. An attorney can advise you on possible defenses to the claims and options to try and resolve the claim.
Stacy Schwartz?s practice focuses on complex commercial and intellectual property litigation, trademark and copyright registrations. Stacy has been recognized for three consecutive years as a Rising Star by Florida Super Lawyers. She is admitted to practice before all Florida state courts and the U.S. District Court for the Southern, Middle and Northern Districts of Florida. You can reach Stacy at stacy.schwartz@brinkleymorgan.com.
The material appearing on this blog is meant to provide general information only and is not a substitute for nor is it legal advice to you. With regard to specific law issues, readers of this article should seek specific advice from legal counsel of their choice. Articles may not be reprinted without the express permission of Brinkley Morgan.
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Source: http://safeguardfreedom.com/blog/?p=7452
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