Copyright infringement is back in the spotlight after the big Mayweather-Pacquiao fight on Saturday night, and the recent boom of live streaming applications. While many paid the Pay-Per-View fee to watch the big fight, several were able to view it through both of the newest live streaming apps: Meerkat and Periscope. There is a lot of debate over right and wrong – but we think it’s important to go back to the basics of copyright. Very simply, here are the best three ways to stay out of copyright trouble.

1. It’s better to be safer than sorry.

If you see something you want to use, ask for permission. It takes 2.5 seconds to strike up a phone or email conversation. We live in a world of 24/7 information sharing, and the creator of said work or event may be completely okay with adding to that dynamic. However, they may also want money for said sharing. In the realm of copyright and trademark infringement, this is not one of those things you want to do now, and then ask for forgiveness later. That process may come attached with legal fees and liability implications you don’t want to deal with. Think about it this way… How would you feel if you worked really hard at writing or designing a piece of work or coordinating an event, and someone simply ripped it off by sharing or streaming it without permission?

2. Understand the difference between what is covered under copyright laws and what is not. 

Copyright law covers original works of authorship that fall into the following categories:

• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works

The law for this coverage reads very broadly and items like concerts can fall under more than one category. Because the original copyright law was created when digital sharing wasn’t a thing, an update to the law was created in 1998 to deal with the special challenges that come with regulating digital material. The Digital Millennium Copyright Act (DMCA) protects the rights of both copyright owners and consumers.

To dive into the full scope of the law, this PDF by copyright.gov is a great overview.

3. Don’t follow the crowd.

Just because other people are using photos they found via a Google Image Search or live streaming the latest event, doesn’t make it okay for you to do the same. There are several outlets available for creatives both free and fee-based (vecteezy.com and shutterstock.com just to name a few), and at the end of the day – it’s the ethical thing to do. If the permission route doesn’t take you where you want to go, take another route. Sometimes, the road less travelled offers the best reward. (Yes I’m fully aware of how cheesy that statement sounds.) 

Additional resources that will help you identify specific situations a little better, and how copyright plays a role in current events can be found via our favorite resources:

• Kerry Gorgone: What Marketers Need to Know. Legally Speaking.
• Statute of RyAnne
• Creative Commons
• The Media Center at the American Press Institute 
• Thew Pew Internet and American Life Project
• WhatIs.com

As always, if you’re ever in a place where you need more direction… give us a call!

Samantha McCain
PR & Content Manager