Most business owners use websites and social media to promote their firms — effectively making them online publishers. To avoid problems you need to understand your obligations under copyright law.
Reproducing words or images owned by someone else, without their permission, can now result in a fine of up to £50,000 or prosecution under the recently introduced Digital Economy Act. So if you run your own website, write a company blog or contribute to industry forums, it’s essential that you understand your rights and obligations.
Copyright protects any original work in any medium, and in the UK it applies automatically. This means that once a work exists, in whatever form, it is protected (unlike trade marks, for example, which have to be registered). It doesn’t have to be any good – it just has to be the result of someone’s original, creative thinking.
Stay within the law
Whatever the material (articles, photographs, music, software), the copyright probably belongs to whoever created it or their employer, and you will need their permission to use it. Don’t assume that different rules apply online — they don’t.
So businesses planning to reproduce material taken from another source, whether online or offline, should first check the source’s copyright policy. If the material is online, this can often be found on their website (although it may be part of their terms of use or privacy policy, rather than a separate document). If not, you can often approach them and ask permission.
They may give you a licence to use the material, and typically this will be for a limited purpose – for example, on your website or in your blog – so make sure you know exactly what their restrictions are. If you do not like the restrictions you may be able to negotiate different terms.
If you use material without permission, and you are found out, the owner of the copyright in it will ask you to stop – lawyers call this a ‘cease and desist’ action – and you could be liable to pay compensation.
Don’t just rely on disclaimers
Bear in mind that simply acknowledging the source alongside the content is not a defence. Unless you have actually obtained permission, using an article – or even a part of an article, as long as it is a substantial part - from a website, or reproducing logos, is likely to constitute an infringement.
Control your own copyright
You must be certain that you own the copyright to your own material. For example, if you employed a design agency to update your website, did you obtain full assignment of rights for the work? Keep records of when any work was created in case you need to back up your claim.
If you suspect that your copyrighted material is being used unlawfully, there are several steps you can take. Often, the user does not realise that what they have done is unlawful, and a letter pointing it out, and asking them to remove the offending material, will get results. Going to court should be a last resort, because copyright disputes can be complicated and time-consuming. Good professional advice, that helps resolve things to your satisfaction at an early stage, is crucial.
For more information please contact Rob Lucas at Shulmans on 0113 297 8941 or at rlucas@shulmans.co.uk