In today’s digital landscape, understanding copyright laws is crucial, especially if you are involved in content creation or sharing online. If you find yourself on the receiving end of a copyright infringement notice, it can be overwhelming. Understanding what solutions you have to respond is important to avoiding legal action. This article will outline the key things you need to know about how to respond to an infringement notice.
What is Subject to Copyright Protection?
In Australia, copyright is automatic, and no registration process is required. Consequently, any original literary, dramatic, musical or artistic work expressed in a material form is protected. This protection is known as copyright. Some examples of works protected by copyright are:
- photographs;
- images or graphics;
- website content, such as your articles; and
- any information you have made publicly available.
Australia is also a part of several international agreements, including the Berne Convention for the Protection of Literary and Artistic Works (‘Berne Convention’). For all countries under the convention, the same copyright protections for original works are offered to all its citizens and residents. So, if you create something original in Australia, the copyright in your work will also exist in other conventional countries. Likewise, if you infringe the copyright of someone who is based outside of Australia, you might find yourself threatened with legal proceedings. This legal action would be according to the local laws of their home country.
Can You Copy and Paste Certain Content?
You may see copying and pasting online content or images as a simple way of marketing your business. However, this is very risky, and you could receive an infringement notice. What might seem like a harmless copy and paste could cause serious financial consequences for you and your business. To avoid this, take proactive measures. You should identify the copyright owner and obtain permission to use it before incorporating any content found on the Internet into your website or other platforms. While this process may require additional time and effort, it is a vital safeguard against potential copyright infringement claims.
It is worth noting that numerous companies specialise in protecting, enforcing, and licensing intellectual property (IP), including visual content such as images. These companies actively monitor for copyright infringement and may issue notices on behalf of their members. Examples of such companies include:
- Copytrack;
- ImageRights;
- Digimarc Guardian;
- PixAlert; and
- PicRights.
Awareness of these enforcement services shows that you understand the importance of properly following copyright laws and seeking permission before using copyrighted material.
Continue reading this article below the formWhat is an Infringement Notice?
You may receive an infringement notice if you use copyright material without the owner’s authorisation. It will generally include the following:
- an allegation that you have infringed the owner’s copyright;
- a demand that you cease your infringing conduct (which will be described in the notice);
- a demand for financial compensation; and
- a deadline for you to respond (this is usually accompanied by a risk of legal proceedings if you do not respond).
What Do You Do if You Receive a Copyright Infringement Notice?
Firstly, ensure you understand what claims are being made. If the notice suggests you have used an image without authorisation, consider if that image is a direct copy or if only a few insignificant elements are similar.
You should investigate the claims. In the case of an image, query where it came from. If the image was obtained from a stock imaging company, ensure you use it within the licence term’s limits or conditions.
It is important not to ignore the notice if the claim for infringement is legitimate. It is worthwhile trying to resolve this quickly and cost-effectively to avoid further escalation and legal action. If you are unsure whether a claim is legitimate, seek legal advice. Guidance from an experienced lawyer will help you properly respond to the infringement notice and implement policies that prevent this from occurring again in the future.
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Key Takeaways
It is essential for you to understand copyright laws and take active steps to mitigate any unintentional infringement of IP rights. This involves seeking explicit consent from copyright owners before utilising their work and adhering to licensing agreements where applicable. If you receive an infringement notice, evaluate the claim to ensure it is legitimate and respond appropriately. Getting legal advice is a useful part of the process and can help protect your business from any possible liabilities.
If you would like assistance regarding copyright infringement, contact our experienced intellectual property lawyers 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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