A guide to using other peoples? intellectual property
For the final article in his series on understanding intellectual property, solicitor David Walker provides small business owners with a guide to using the intellectual property of other people.
My previous articles in this series have focused on your intellectual property. However, it’s just as important to be aware of other people’s intellectual property so that you don’t inadvertently infringe on their rights.
Imagine a situation weve all been in. Were writing a blog for our company website, or preparing a sales presentation and it needs more impact. Perhaps an image, an animated GIF or some music would really drive your message home.
What do we do?
Most people will turn to Google and a quick search will usually uncover just what you’re looking for. But are you free to use it?
Unfortunately, the answer isnt clear cut.
Let’s use an image you have found as an example, but the same legal principles will apply to music, videos or any other form creative work because they are all protected by copyright laws.
This means that their owner can, in most situations, prevent you from copying, editing or using them without their permission.
In thisexample, Im assuming that the blog or presentation is considered as business use, because there are some exceptions if you’re using these materials for you own personal use for educational purposes or news reporting but Im not going to go into details of these here.
The first thing you need to do is find out who owns the image and how old it is. Age is important because copyright protection doesnt last forever. In the UK, copyright protection lasts for the life of the creator plus seventy years from the end of the year in which they died.
So, if the image is older than this, the copyright laws protecting it will have expired and you will probably be free to use it (if, however, it is an image of a real person, i.e. not a sketch of an imaginary person, you still need to be careful as there may be other rights preventing you from using it see further below).
If you can’t find the owner and you’re unsure of the age of the image, it’s safest not to use it and instead go to a library of stock images. They will be very clear on their licence terms and explain what you can and can’t do with the image and the fee you will have to pay to use it.
If the image you have chosen is of a real person, perhaps a celebrity, you will need their permission as well as the permission of the copyright owner before you use it.
This is especially important if you’re using the image to promote your products and services, because you mustnt give the false impression that they are endorsing them. This also applies to dead celebrities where their estate may continue to have rights in their image or have protected it in some way, for example by registering it as a trade mark.
David Walker is the founder of Grid Law, a firm which first targeted the motorsport industry, advising on sponsorship deals, new contracts and building of personal brands. He has now expanded his remit to include entrepreneurs, aiding with contract law, dispute resolution and protecting and defending intellectual property rights.
There are certain characteristics that are common to people who are able to deliver creatively. You don't need all of them to come up with brilliant ideas, but the more you have the more likely it is you will have more, and better, ideas. more»