How to Avoid Copyright Infringement

Let’s start off by taking a look at what the copyright infringement definition actually covers. According to Wikipedia’s definition, “Copyright infringement (colloquially referred to as piracy) is the unlawful use of works protected by copyright law without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work’s creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.”

It is illegal to use someone else’s work without their express permission even if the work does not bear this symbol. (Image Credit: Myra Naito)

That’s a lot of words to basically say that copyright infringement is the taking of someone else’s work to either claim as your own or use for your own financial gain without the permission of the creator. In other words, using an image someone else created on your website (without their permission), especially if there is the potential of driving some sort of sales, is a copyright infringement. It’s called intellectual property. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. 

You might argue that all the good ideas have already been taken.

I would venture to say that that is a lazy take on the situation. I would also like to point out that ideas themselves cannot be copyrighted. The execution of that idea, however, can be. This is why telephone designs and car designs continue to change. And products of all sorts have all evolved around the basic ideas that have been around for decades, if not centuries. The idea of an automobile is not copyrighted. The specific designs are. “A copyright protects the original expression of an idea. Such as, the way a book is written or the way a dance is performed, not the ideas they express. You cannot copyright an idea per se. You must first convert that idea into something tangible. This means by writing it down or recording it.”

What about an artist using a photograph as reference material?

Technically ideas cannot be copyrighted, but actual work based on the idea can. If you’re going to use someone else’s work (even as a reference), make sure you have their permission. (Photo Credit: 123RF.com Image ID: 18210535 Copyright: sararoom)

There are two camps with this issue. One says that there’s no problem with it at all. You’re not making an exact duplicate of the photograph. You’re changing it into a painting or a drawing. It’s been sufficiently changed enough. I know many photographers who would agree with this. However, somewhere in all the tiny legal print, is a clause that protects the rights of photographers.

The other camp says absolutely not. Using a photograph without the express permission of the photographer is asking for a lawsuit. There is no imaginary percentage by which you must change the artwork in order to avoid legal action. And these days, with social media, the chances of your work being seen by said photographer is much higher.

What if you don’t plan on selling the artwork?

Generally speaking, this isn’t a problem. If you post your work on social media, if at all possible, tag the photographer and give them their credit. Or, if you want a really safe bet, pull your reference photos from royalty free stock photo sites, such as Pixabay. Others that cater specifically to artists, keep their prices very low. Wildlife Reference Photos is one such site. They suggest tagging the photographer or their site when you post your artwork, and they’ll do the same favor for you and post your work on their Facebook page.

So, when all is said and done, how does one avoid copyright infringement?

1. The best rule is, if it’s not yours, don’t touch it. Just because you found it on a Google search doesn’t mean it’s free for the taking. Your best bet is to see if you can find the photographer’s contact information. Explain specifically what you will and will not use the photo for. Email is best as their positive reply granting you permission is the best documentation you could ask for. It’s in writing and it’s dated. If the photographer does not reply or does not give you permission, don’t use it.
2. Use royalty free photos or super low-cost photos. Or, if you have the means to, take your own photos. I know plenty of artists who do this.

Two simple rules. But they are two rules that could save you up to $150,000 in copyright infringement penalties for damages and profits. It’s true that not many artists or photographers have the financial means to register every copyright for every single piece of work they produce. But still, why would you even take a chance? And more importantly, why would you intentionally steal someone else’s work? Do the right thing. Imagine if your work was the work being stolen.

Further Reading:

How to Steal Ideas – And Do it Legally!