What Are the Most Common Copyright Mistakes?

Legally reviewed by Thomas Lemler - founder of Lemler IP

If you’re someone who is looking to copyright your original creative work, such as a song, a book, a work of art, or otherwise, you must ensure you do so properly. Though the process may seem fairly straightforward, there are several potential mistakes creators can make when pursuing a copyright for their work. Read this article and reach out to Lemler IP to speak with an experienced Washington, D.C. copyright lawyer to learn more about the most common copyright mistakes to avoid. Here are some of the questions you may have:

What are the most common misunderstandings about copyright protection?

One of the most common copyright mistakes is simply misunderstanding when copyright protection begins. Many people incorrectly assume that they do not have any copyright protection unless they formally register their work with the United States Copyright Office. Fortunately, this is generally not the case.

Copyright protection is typically created the moment an original work is fixed in a tangible medium. This means that as soon as an original article is written, a photograph is taken, or a piece of software is created, copyright protection may already exist.

Some additional copyright misconceptions are as follows:

• Assuming that providing credit to a creator eliminates copyright concerns.
• Thinking that anything available online is free to use.
• Believing that making small changes to a copyrighted work automatically creates a new work.
• Assuming that content without a copyright notice is part of the public domain.
• Assuming you own the copyright just because you paid for the work. If you hire an independent contractor or freelancer to create something for your business (like a logo or software), they own the copyright by default unless you have a written agreement specifically transferring those rights to you.

That being said, while copyright protection may arise automatically, registration still provides several important benefits. For example, registration can strengthen your ability to enforce your rights and pursue legal remedies if infringement occurs (such as the ability to seek statutory damages and recover attorney’s fees, which are only available if the work was registered prior to the infringement or within three months of publication). Because of this, many creators choose to register valuable works whenever possible.

Can using someone else’s content lead to copyright infringement?

For obvious reasons, this is one of the most important copyright issues facing businesses today.

The internet has made creative works more accessible than ever before. Unfortunately, many people mistake accessibility for permission. Simply because an image, video, article, or song can be found online does not mean it can legally be used for commercial or personal purposes. Some common examples of conduct that may result in copyright disputes include:

• Downloading photographs from websites for marketing materials.
• Copying text from another company’s website.
• Using copyrighted music in advertisements or promotional videos.
• Republishing articles without authorization.
• Sharing protected creative works without obtaining permission first.

Another issue frequently arises when people rely upon the concept of fair use without fully understanding how it works. While fair use may apply in certain situations, it is not a blanket exception that automatically protects every use of copyrighted material. Fair use determinations are highly case-specific and depend upon several different factors.

Unfortunately, many businesses do not discover they have a copyright problem until they receive a demand letter, takedown request, or copyright infringement claim.

How can copyright owners avoid making critical mistakes?

Fortunately, there are several steps creators and business owners can take to better protect their intellectual property rights. Some of the most effective ways to avoid copyright-related issues include:

• Keeping detailed records regarding the creation of original works.
• Registering valuable copyrighted materials when appropriate.
• Obtaining licenses before using third-party content.
• Using written agreements with independent contractors and freelancers.
• Monitoring for unauthorized use of copyrighted works.
• Seeking legal guidance whenever ownership questions arise.

For years, Lemler IP has provided comprehensive legal assistance with intellectual property matters to creators throughout the United States. If you have any questions about copyrighting your work or would like assistance in doing so, please don’t hesitate to contact Lemler IP today.