SMBs being burned by copyright law

photographer

One of the keys to success in business today is ensuring your online marketing material is engaging, with SMBs using images and artwork that are pleasing to the eye to attract an audience.

However, recent events have shown that businesses may accidentally be using images illegally, with unwary SMBs being caught using copyrighted images in their material.

Intellectual property law is a complex and expensive area to navigate if you’re caught on the wrong side, and business owners need to be aware of how to avoid unintentionally falling into the trap.

We spoke to Kjelti Kellough, vice president of corporate counsel at iStockphoto about what SMBs are doing wrong and how they can stay clear of trouble.

What are the most common mistakes being made by business owners when it comes to copyright?

There are a number of misconceptions surrounding image copyright, with the most common being the tendency to believe that if a photo is published online, it is free to use. In a right-click-and-save-as world, such misconceptions encourage unaware business owners to make the mistake of copying an image in one place online and pasting it somewhere else.

The truth is, no matter where images are posted, they may be subject to copyright and other legal rights and, without permission from the image owner or creator, small business owners could find themselves facing serious legal consequences.

Business owners also need to be diligent in ensuring that third-party website designers have secured permission to use the visuals featured in their work. Similarly, they must also be wary when using website templates that incorporate imagery and seek assurances from the template provider that they have the requisite license required to resell this content.

It is the responsibility of the business owner to seek such assurances and keep copies of licenses and permissions from the image owner on file. If an image license is for a specific period of time, the business owner must stay one step ahead and ensure they renew the license or replace it when it expires.

Why are so many businesses being burned? Has the number increased due to social media? 

The rise of smartphones and tablets, along with growing social networks and advancements such as 4G, have given consumers and businesses alike the freedom and flexibility to share and source images at the touch of a button.

In minutes, business owners can capture and upload visual content direct to their social networks or reproduce content on their website – content which they may not own nor have consent to publish.

The ease with which visual content can be copied and reused unfortunately means that there are many illegal uses of imagery by individuals and small and large businesses alike. Ultimately businesses need to be cautious about using imagery for commercial purposes if they don’t know where it originated from, who owns the copyright and whether permission has been granted for the particular use in question.

Fortunately, royalty free stock image sites such as iStockphoto.com provide customers with piece of mind that each piece of content comes with a license allowing it to be used for a large variety of applications.

Additionally there are online tools to help small businesses check copyright and licensing information, such as duration of use, geographic location or industry, so they can obtain permission (often in the form of a license) before using the content on their website, in their communications, products, and so on.

Image Exchange by Picscout is a great free app which helps content users identify the owner of an image and determine whether it is available to license.

With huge enterprises like Apple found to have breached copyright laws, why are the owners of intellectual property bothering to go after unwary SMBs?

For photographers, filmmakers, illustrators and musicians, the ability to earn an income from the licensing and distribution of their original digital content is key to living a creative life, and to sustaining a thriving creative community. A thriving creative community, in turn, enriches and benefits society on many levels.

Lacking a way to monetise their content, creatives would be hard pressed to invest their time and effort in the creation of powerful new content. This would ultimately dull, not only the content available to business owners, but the global populations’ exposure to and experience of creativity as well.

Fortunately, just as innovations and technology make it easy for content users to right-click-and-save-as, it also makes it easy to ‘do the right thing’ – for their business, for their clients and for the owner of the content.

How can business owners avoid getting into trouble?

Unless business owners are creating their own imagery for their marketing collateral, packaging, social media platforms and website, they should always check image ownership and obtain permission, often in the form of a license, before using imagery on their sites, products or communications.

Business owners should also be sure to ask third-party designers for copies of licenses for any images they purchase on their behalf.  This applies to images used in marketing materials as well as products and packaging.

Tips to avoid common copyright mistakes include:

  1. Make sure you or your designer only use imagery with the permission of the image owner/creator.
  2. Keep copies of licenses and permissions from image owners/creators on file.
  3. If an image license is for a specific period of time, ensure you renew the license or replace it when the license expires.
  4. When using a web template that includes imagery, ensure that you have assurance from the template seller that they have a license to resell this content.
  5. Source and licence royalty free stock imagery and video from sites like iStockphoto to ensure you’re using content with all the requisite permissions in place.
  6. Exercise caution when using imagery for commercial purposes. If you don’t know where an image originated from or who owns the copyright to it, it is best to seek out an alternative.
  7. Take a few minutes to view the helpful video and information on www.stockphotorights.com, which explains image copyright rules and how to license stock photos. Getty Images, one of the world’s leading creators and distributors of imagery, video and music, also offers advice and answers questions in this useful online Copyright guide.

2 thoughts on “SMBs being burned by copyright law

  1. Lesley

    Good overview of the issues. As you point out, a myth is that online images (and other works) can be used for free, that they are not protected by copyright and are in the public domain. False! Helpful to set out 7 points to review when using online images. And educate, educate, educate your employees and the public is very important too.

    Reply

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