5 Tips to Avoid Copyright Infringement Online – MawereSibanda Commercial Lawyers (2024)

FAQs

How can copyright infringement be prevented online? ›

"Fair Use" is the most widely known and popular affirmative defense against copyright infringement claims. Found in § 107 of the Copyright Act, the fair use defense essentially states that otherwise infringing conduct may be lawful if it is done for certain acceptable purposes.

Because your company's website has value, it merits legal protection against infringement, which can only be achieved by filing an application to register a copyright.

If you edit an image that you didn't create, copyright law still applies. The only way to avoid copyright infringement with images is to create unique works, purchase a license to use an image or find a free-to-use image.

Once copyright infringement liability is established, the plaintiff may be entitled to several different remedies. One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.

Courts usually require a copyright owner to prove that she owned the copyrighted work, and the defendant violated one of the exclusive rights of the copyright owner.

What is the most common type of copyright infringement? ›

One of the most common forms of copyright violation involves downloading or sharing songs and movies from the Internet without the express consent of the copyright owner.

Three Exceptions

There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception. These exceptions are defenses against a claim of copyright infringement.

Get permission before reposting

As with a lot of copyright infringement issues, the best way to avoid copyright infringement on social media is to make sure you get permission from the original creator or owner before reposting or using the content. If you're not sure who the owner is, don't risk it.

If you use someone else's work, make sure you give them credit. This can be done by tagging them in the post, mentioning their name, or linking to their website or social media page. Giving credit not only shows respect for the creator's work but also helps you avoid copyright infringement.

Create your own original images. This is the best way to prevent copyright infringement. Refrain from using images and photos of others without permission. Do not use another person's image found on the internet, pictures found in a third-party catalog, or images another merchant used to list its own products.

The easiest ways to avoid copyright infringement are to take your own reference photos, use reference photos taken by family or friends with their permission if you know any photographers, or purchase royalty free photos from sites like Photobash for reference.

Unless the copyright owner has granted permission or an exception or limitation in the copyright law applies, activities like uploading, mailing, distributing, and transmitting whole (or even partial) copies of a copyrighted work over the internet may be a copyright infringement.

A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.

The DMCA notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off of websites.