Use and protection of intellectual property is a hot topic in our digital age with the trending of blogs, content curation and growth of freelancing/ outsourcing of writing and content development. There’s a furious pace to keep content fresh, valuable and relevant on a multitude of platforms and channels. I encourage us all to not be hasty but to slowdown and ask ourselves at least the following questions. These will certainly lead to others.
If you are in the field of marketing communications some recommended resources to address relevant questions you need to consider in these times include the Public Relations Society of America (PRSA) and speaker, author (The Trademark & Copyright Book), attorney Michael Lovitz.
The starting place for question you need to consider is a copyright. Is the copyright exclusively owned? If it is the result of the joint work of more than 1 author what is the extent of ownership of each?
One area we in the arena of marketing communications where, both as providers and users, are currently stumbling over ourselves is regarding copyright ownership of Works For Hire. Before moving forward on either side of the equation providing written “creative expression” as a freelance service or retaining such service get a clear understanding.
Is the written work being paid for exclusive for use by and owned by the paying party? This extracts a higher fee. Is the right of use limited – noncommercial – web only- printed sales collateral- a specified time limit? Generally this commands a lesser fee. Also be clear on understanding the role of the author of the written “creative expression.” Is the person a staff employee or a freelancer? This can impact the determination of ownership and use.
It is also important to note that while material protected by a copyright MAY carry the © symbol or the word “Copyright,” works that are not in any way noted as such can be equally protected and considered to have copyright designation. Copyright protection is automatic. In the United States, copyright is a form of protection provided by the law to the authors of “original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works,” granting the person or entity that created the work certain exclusive rights.
Another major question to assess and understand at the outset is what is the meaning of “Fair Use?”
Picking up a complete article, story, essay or research finding and lifting it in totality and pasting in your blog without acknowledgement, permission or compensation to the work’s creator is not what is known as “Fair Use.” Claiming it as “Fair Use” does not make it so. “Fair Use” is generally a short excerpt and almost always attributed. The “Fair Use” exemption from U.S, copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. But it is very specific in that the small excerpt not damage or impact the commercial value of the original work. I hope questions raised here get you thinking and asking questions of your own whether providing and acquiring written content– whether print or digital.
