Finder's Keepers? Not!!
by Donna Maria
We've all heard it before ... "finders keepers, losers weepers." Well, I guess that phrase worked well in the playground when all we had to fight over was a Snickers Bar or the latest flavor of Pixie Stix. Not so in the business world, and especially in the world of copyright law as it applies to small companies doing business on the Web.
As an attorney, I have witnessed countless situations where unscrupulous, unthinking people have made the mistake of assuming that just because something is on the Internet, it must be in the public domain, and thus, free for them to appropriate in any way they wish. But "finders keepers" has no place in the realm of copyright law, and if you have a Web site, marketing brochure or any other written material used to market your brand in the industry, you should take the time to learn basic principles of copyright law and be prepared to take action if someone misappropriates your copywritten material. This is especially important if your business is conducted online where copyright infringement for things such as exact recipes with instructions, essential oil and raw materials descriptions,
product photographs and drawings and other protected works are so very easy to steal and manipulate.
Copyright protection extends to all original works of authorship. Contrary to popular belief, you do not have to include the word "copyright" or the symbol for "copyright" (a "c" in a circle) in order to enjoy copyright protection for your works of authorship. Copyright protection automatically attaches to your work, whether you publicly note that it is copywritten or not. That being said, it is always worth the time it takes to provide public notice of your copyright since it can't hurt to use the word "copyright" and/or the "c" in a circle to place people on notice that the specific material is copywritten.
As the owner of a copyright, you are entitled to a variety of rights, including the exclusive right to reproduce, publicly
display and distribute the copyrwitten work. Copyright infringement is a criminal act punishable by fines and imprisonment. If someone has infringed your copyright, you may be entitled to damages including any lost profits.
Many people think that they can copy copyritten material as they please, and that, so long a they are not profiting financially from that copying, or so long as they give credit to the author, it's a "fair use" of the copyritten material. This is another popular yet dangerous and incorrect misconception. Fair use allows copying of work for purposes such as criticism, comment, news reporting, teaching, scholarship or research. However, courts interpret each of claim of fair use on a case-by-case basis and the decisions in this area of the law are very fact specific. One court may find for the copyright owner, while another will find for the alleged infringer on the exact same fact pattern. Additionally, giving credit to the copyright owner does not insulate an infringer from liability. Remember that although individual cases will vary, it's generally the actual copying without permission, whether credit is given or not, that gives rise to the copyright violation.
When in doubt about whether you can copy someone else's work, err on the side of caution. Don't copy it at all or simply ask the author if you can use the work for a certain period of time with a credit to them and a link to their Web site. Some will agree, some won't, but at least you have protected yourself.
Though federal and state copyright registration is not a prerequisite to copyright protection, it offers certain benefits, including making a public record of the copyright. Obtaining copyright protection is easy and inexpensive. For further information, visit the US Copyright Office Web site or contact me with individual questions at donnamaria@indiebeauty.com.
