In business, we often use content that someone else has written in training materials, reports, blogging, and even creating products and services for customers.

Fair Use

Such use can fall under the “fair use” exception to copyright laws, in some cases. The fair use exception is a very “slippery slope” though. Fair use typically depends on factors like:

Risks from Incorrect Application of Fair Use

Copyright violations can be accompanied by large judgments and tremendous costs.

The costs can take the form of litigation expenses and judgments, but the biggest costs tend to be lost time and lost credibility with customers.

If a lawsuit is filed, business people may incur tremendous legal costs, even if they are ultimately vindicated. Insurance to cover intellectual property claims is extremely expensive.

Best Practices

In order to minimize the risks and act appropriate, start by always citing your sources. This can give your attorneys a starting point in building a case, if a copyright claim is ever made against you, by the way.

Seek permission from the copyright owners, rather than relying on the fair use doctrine. Many copyright owners allow their content to be used (sometimes at no charge) because the use provides potential business opportunities for them.

Why

Just like the bridge shown below, these best practices may be a bit of an “overkill.” The best practices allow you to reduce risk, save time, avoid stress, and sleep at night. Are any of these benefits valuable to you?

Highway to Hana, Maui, Hawaii 2005

Filed by Coleen Davis at 11:56 am under Tips for Students, Training
1 Comment