Becoming a Front-Line Expert—Lessons Learned about the use of Copyrighted Material

The posts I made to Facebook and Twitter yesterday reflect my painful learning process around the  “unauthorized use” of copyrighted pictures from Getty Images. After diligent research, follow-through, prayer and authentic humility, Getty Images listened to my situation and relieved my company of the $900 settlement demand.

I am extremely grateful because I know other colleagues who haven’t been so fortunate; one friend actually had to pay $2,300 for an image that was never actually used on a “live” web page. It sounds like Getty Images is now more willing to listen to each case individually, rather than taking the hard-line approach of the past. Here is what Wikipedia shares about the company and what  an attorney who represents individuals who have received these settlement demands has to say.

Becoming a front-line expert in your business usually comes through serving your clients. There are those times, however, where the expertise you gain comes through a painful and challenging situation, like yesterday was for me. I am a firm believer that something good can be gleaned from all situations so as I went through this experience, I released the outcome. I made the conscious decision to grow and learn through it with the intent to help educate other business owners like you.

Before I share what happened, I want you to know my position around copyrighted material. I am an advocate of giving credit where it’s due! A couple of years ago, I had someone infringe upon me personally by taking website content from my site and putting it on hers. Countless hours of effort and work had been put into the writing of this content, so of course I understand why Getty Images is rigorous in their attempt to protect their artists. We all need to honor and hold to ethics and standards to keep integrity within the marketplace.

At the same time, let me share some of the details of what happened yesterday. One of my associate coaches wrote articles for our monthly newsletter and looked for images to reinforce her points. She searched her business leased Dell Computer, loaded with Microsoft Windows XP Professional Service Pack, and found two images in the sample photos which she provided for the newsletter. These pictures were included on her business computer at the time of leasing, so the natural assumption was that these images were available for use. Unfortunately, these images were copyrighted through Getty Images and were NOT available for use without a license agreement. Oops and ouch!

So, let me share some of the key insights I learned yesterday:

1. Microsoft Clip-art is not authorized for commercial purposes.
2. Google Images may be subject to copyright laws even if it’s not clearly identified.
3. Royalty free does not mean it’s free to use. It means that you pay a license fee to use it one time and you are not required to pay additional royalties each time you use the image.
4. Pre-designed website templates may be subject to copyright laws.
5. Website content and copy is subject to copyright laws.
6. Concepts are not subject to copyright laws, yet specific processes used to apply the concepts are subject to copyright protection.

As you go forward in your business, I recommend you consider taking these action steps.

1. Don’t use any images unless you took the picture, paid to use it, or have the express written permission from the creator to use it. One of the newer companies available for this is www.photoexpress.com.
2. Give credit to the photographer by using the © symbol and reference their name and the on-line location where you received the information, only after you’ve paid to use it or have an agreement authorizing you to post it.
3. Protect yourself by obtaining copyrights on your original work.
4. Get advanced and express written permission from the creator of the work for articles, quotes, images, etc unless you’ve paid for the item you are using and/or it comes from a website that allows use. Be sure to read the restrictions and requirements before using.
5. Join www.prepaidlegal.com to obtain affordable legal services for your business. Through the company you can create or update your last will and testament, receive support through identity theft monitoring, and have access to attorneys for situations like copyright, for only $26.95 per month.
6. Remove images from your blogs and website you aren’t sure about.
7. When in doubt about the use of work you didn’t create, don’t! And ask questions of those who are providing services to you by designing websites, providing articles for your blog, etc.

I hope this information has been helpful. As a business owner, I invite you to share this with others by tweeting and posting to your facebook wall. Protect yourself as we join together to protect the integrity of work created by artists and business owners throughout the world!

What other advice do you have? Share your comments at the blog. I’d love to hear what you have to say?!

Photos courtesy of www.photoexpress.com, Top Image ©Valpictures, Middle Image ©Pinkshot