To kick start this New Year and New Decade, we decided it might be a good idea to talk about the basics of copyright law in the online world.
When conducting business online – whether it’s in the online retail space or elsewhere – bringing yourself up to speed on the basics of copyright and trademark law is essential. From the photos you use to promote your brand on your product detail pages to the written copy you use on your own website, failure to comply with copyright law and infringing on others’ intellectual property (IP) can have serious legal consequences.
As mentioned in this GreyScout blog, Amazon Brand Protection provides a range of tools to combat counterfeiting, intellectual property (IP) rights violations, and other forms of fraud.
On Amazon, a report of IP infringement can lead to the removal of product listings. In severe cases, seller accounts can be suspended.
Equally, brand owners can also register their copyright and register for the eBay VeRO program to enforce copyright infringements.
In the always-growing and changing digital space – where posting another company’s blog onto a site and claiming the work as one’s own is as easy as hitting copy and paste – copyright law is essential to protecting and controlling your original content. By staying on top of copyright law, you can ensure your rights as a creator are respected.
Here, GreyScout provides the basics of copyright law in the United States to ensure all aspects of your online business are not infringing on the IP of others, saving you from suspended accounts, hefty fines, and other legal ramifications.
What is copyright?
Copyright laws are set in place throughout the world to protect the authors of original works from unauthorized use of their materials. Limited to “tangible” works – such as written materials, photographs, music, audio recordings, and art – copyright law prevents others from making and distributing copies of protected content.
An important aspect of copyright to be aware of is protection against “derivative works.” This means that copyright law prevents others from making changes to your IP or repurposing it. For example: Altering an original photograph for use in an online display banner or translating a copy of an online product listing to another language.
How do you take ownership of the copyright?
All one needs to do to protect their IP is to create eligible “tangible” content. Copyright protection of a photograph, video, audio recording, or any other protected work automatically applies upon creation. You can register your copyright in the country of origin, however, it is not necessary. Registration does, however, provide certain assurances, such as having the copyright established on a public record (this may come into play in a court/lawsuit scenario).
Any unauthorized use of your materials is immediately considered copyright infringement. There is just one exception, however, known as “fair use.” The United States Copyright Act allows the fair use of copyrighted content “for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.” Under U.S. law, copyright on any given material stands from the date of creation until 70 years after the death of the creator. Copyright laws in other countries are similar, but it’s prudent that you stay on top of copyright laws in all of the countries in which you operate.
When it comes to content created by a freelancer or contractor for an employer, such work is considered the IP of the employer or contracting party. Therefore, if a writer is hired to produce a blog post for a company website, that company would own the copyright of that blog post.
What does copyright infringement look like?
You’re selling the same pet winter coats as another vendor on Amazon. Let’s call them, The Super Pets Company. So, why not just grab the picture of the same coat you’re selling from Super Pets for your product page? Well, it turns out that the seller took the product picture themselves and it is their IP. Super Pets did not give you permission to use the photos and you have just violated their copyright. While this example covers copyright infringement in the online retail space, IP is protected both on and offline, and the consequences of stealing another’s IP can be costly.
In the U.S., copyright infringement claims can be brought to court via a lawsuit with a successful claim leading to the infringer having to pay the copyright holder any profits proven to be made from the use of the protected work.
Understanding Trademark Law
In addition to IP, it’s important to be aware of trademarks to avoid using them to promote your products. What’s more, registering a trademark of your own ensures that your products don’t fall victim to counterfeiting and piracy. Trademarks are typically used to distinguish a brand and its products from those of competitors with logos, slogans, brand names, and other elements. For example, the famous Nike “swoosh” logo, along with the company’s slogan: “Just do it”, are trademarked symbols. Unlike copyrighted materials, trademarks need to be legally registered with a country-specific trademark office.
The bottom line: While it’s easy to inadvertently infringe on someone else’s IP, it’s just as easy to avoid doing so. Your success in e-marketplaces depends on your ability to avoid the legal issues brought on by copyright infringement. Be vigilant. When listing a product, ensure you are conducting thorough research to ensure that your images, product descriptions, videos, and other materials are not copyrighted, while also keeping tabs on competitors to ensure your own IP isn’t being used without permission.
