The Good Wife TV characters use a search engine named "ChumHum" instead of Google (this was made into a real search engine). On The Simpsons, YouTube is "MyTube." And if you've ever seen Chuck, everyone knows the store Chuck works at is Best Buy even though it's called "Buy More."
We know why they do this, right? Not only is it funny, it prevents TV companies from being sued. All those real world names are trademarked. And if a trademarked company feels they are being defamed, they can sue the pants off of anyone that uses their name.
Is it a bit ridiculous to go to these extremes to avoid a lawsuit? In a way. That's why we laugh about it. But when it comes down to legal brass tax, it's best not to risk it.
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| Being sued isn't fun. |
1. If it Doesn't Say it's Copyrighted, is it Fair Game?
Always assume a work is copyrighted unless it specifically states that it is not.
Although there will often be some indication of copyright, in many countries there is no law requiring a copyright label for a work to be legally protected. You can still be sued for stealing someone's intellectual property, even if it is not labeled with a copyright.
Let me repeat that.
There is no law requiring legally protected work to be labeled as such
In other words, responsibility rests squarely on the borrower's shoulders, not the owner's.
One thing you should find out to determine if a work is copyrighted is when the work was created. Often, older work has entered the public domain after 50 or so years, depending on the laws of your country.
Also, there are works that are labeled as "royalty free" or "creative commons." These works generally have no, or limited copyright so that they can be used by the public.
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| Is it okay to put makeup on the Mona Lisa? Yes - the Mona Lisa is old enough to be in the public domain. |
Often, there will be an explanation provided by the owner describing copyright conditions. Sometimes, for instance, you can use material - but only if you also credit the person it belongs to. Other times, material is available and doesn't require credit at all.
If something is labeled as "royalty free" or "creative commons," look for copyright terms. Make sure you are respecting all requests of the owner.
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| Example of copyright conditions for use of a creative commons photo on flickr |
3. Is There Any Way to Use Copyrighted Material Legally?
Absolutely, there is. One way is to simply ask permission. Get this permission in writing and make sure you understand the terms.
Another way is through the Fair Use doctrine.
Let's go back to the discussion of made up TV businesses. Why am I able to use the real business names, whereas the TV shows had to disguise them in a silly way?
First of all, I can use the real names because I didn't use them in a potentially defamatory way. I did nothing that might offend these companies or make them look bad. I have simply stated that they exist and are trademarked - not too risky. And I'm not trying to make money off their brand either.
Also, I am writing something that is informational. Informational work is often protected under the Fair Use doctrine. This means that a piece of copyrighted material may be used as a part of my own work as long as certain standards are met.
For example, you still couldn't go copying an entire article someone wrote and pass it off as your own claiming fair use. Respecting and crediting intellectual property is still required under fair use. Only use what you have to.
Fair use isn't set in stone. There's no line in the sand. The validity of fair use is left up to the subjective interpretation of the court. It must, therefore, be used with discretion. If you are sued, you will need to show that you took every necessary precaution to respect the original work and had no intent to steal.
Copyright is About Respecting Others
The most important thing in creating anything that uses other people's work is that you are being respectful. No one likes getting their ideas stolen, twisted, or misunderstood.
If you follow the rules as set out by others concerning their intellectual property and use it respectfully, giving proper credit, you're more likely to receive respect in return and less likely to be sued. Make it a point to respect intellectual property large and small, not just to avoid a lawsuit, but because it is a kind thing to do.
Absolutely, there is. One way is to simply ask permission. Get this permission in writing and make sure you understand the terms.
Another way is through the Fair Use doctrine.
Let's go back to the discussion of made up TV businesses. Why am I able to use the real business names, whereas the TV shows had to disguise them in a silly way?
First of all, I can use the real names because I didn't use them in a potentially defamatory way. I did nothing that might offend these companies or make them look bad. I have simply stated that they exist and are trademarked - not too risky. And I'm not trying to make money off their brand either.
Also, I am writing something that is informational. Informational work is often protected under the Fair Use doctrine. This means that a piece of copyrighted material may be used as a part of my own work as long as certain standards are met.
For example, you still couldn't go copying an entire article someone wrote and pass it off as your own claiming fair use. Respecting and crediting intellectual property is still required under fair use. Only use what you have to.
Fair use isn't set in stone. There's no line in the sand. The validity of fair use is left up to the subjective interpretation of the court. It must, therefore, be used with discretion. If you are sued, you will need to show that you took every necessary precaution to respect the original work and had no intent to steal.
Copyright is About Respecting Others
The most important thing in creating anything that uses other people's work is that you are being respectful. No one likes getting their ideas stolen, twisted, or misunderstood.
If you follow the rules as set out by others concerning their intellectual property and use it respectfully, giving proper credit, you're more likely to receive respect in return and less likely to be sued. Make it a point to respect intellectual property large and small, not just to avoid a lawsuit, but because it is a kind thing to do.
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