As a business owner, you should be aware of when other businesses are protected by their intellectual property (IP) rights, including copyright. If you commit copyright infringement, you may face significant financial and legal repercussions, even if it was accidental. As such, it is important that you have an effective strategy for avoiding copyright infringement. This article will explain some key methods you can use to mitigate risks and avoid infringing on copyright.
What is Copyright?
Under Australian laws, copyright protects original works, which can include creations that are:
- artistic;
- literary;
- dramatic; or
- musical.
Copyright gives the owner the exclusive right to reproduce, distribute and display their works. As a business owner, it is crucial you respect these creators by understanding copyright laws and complying with legal requirements.
What are Some Key Considerations to Avoid Copyright Infringement?
The most effective strategy to avoid infringing on copyright is to develop original content or creative works for your business. Crucially, you must ensure that any material created is not a direct copy or imitation of the work of others. This approach will reduce the risk of legal action and protect the integrity of your business. It is always a good idea to be cautious when using copyrighted material. If you are unsure, seek permission from or give proper attribution to the original creator. Below are some key questions you should ask yourself before using material from another source.
1. Have You Conducted a Search?
As a business owner, you should conduct diligent searches online before releasing to the public any new design for your business’ logo or products. This is because if you use another person’s creative work as inspiration or as a reference, your work may inadvertently infringe on their copyright. Your search can include a general search online and on other platforms such as registers or social media.
2. Do You Have Permission to Use the Material?
It is poor business practice to use any material that you have accessed either online or from another person without first seeking ‘clearance’ or permission from the owner. This clearance may be in the form of a licence. For example, you might require a license to play music in a public space or to use a particular software program. If you are unable to locate the owner after having conducted a diligent search, you should ask an IP lawyer for advice as to the legality of the specific use of the material. This is especially so if it is for some commercial purpose.
3. Do You Have a Record of Ownership?
Importantly, you should keep a record of any licence or agreement you reached with a copyright owner to use their original work. You should also keep a record of any searches you undertake when checking for existing copyrights. This acts as a reference point you can use to ensure that what your business publishes does not infringe the rights of any copyright owners. Having a record is especially useful in the case that something your business publishes or creates does, in fact, infringe the rights of a copyright owner. Your record may be able to show that the infringement was unintentional or innocent.
Continue reading this article below the formHow Can Business Policy Help You Avoid Infringing on Copyright?
Your business should develop and implement a comprehensive copyright policy. To maximise the policy’s benefits, it should be explained in detail and readily available to all employees. Effective policy will clearly communicate the:
- importance of respecting IP rights;
- consequences of infringement; and
- proper procedures for obtaining licenses or permissions.
Having a copyright policy in place is imperative, especially if you face legal action for copyright infringement. This is because while knowingly infringing on copyright is not necessary to prove infringement, it can certainly influence the damages or money a court may award. It may award a higher sum of damages to the copyright owner if the infringement was intentional or flagrant. However, a strong policy illustrates that your business understands the significance of respecting other’s copyrights and a willingness to comply with copyright laws.
This fact sheet outlines your rights and obligations as an AI artist regarding intellectual property and copyright.
Key Takeaways
Although creative works can be useful for growing your business, it is important to exercise caution when using materials that do not belong to you. Without proper care, you may face legal issues for copyright infringement. To avoid infringing on copyright, you should always:
- conduct a search for similar existing copyrighted materials;
- make an effort to locate the owner of the IP material before using it;
- keep a record of your search and any evidence that you took reasonable steps to find the owner; and
- implement a strong business policy that acknowledges the importance of respecting copyright protections.
If you would like assistance regarding potential copyright infringement, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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