Dealing with intellectual property online is complicated. This article briefly discusses the following common beliefs around using content from the Internet which are usually wrong from a legal perspective:
- It is free to use images from the Internet.
- It is permissible to use short snippets of films, videos and music.
- It is permissible to alter and use works protected by copyright.
Using images from the Internet
It is commonly thought that images on the Internet are in the public domain and are therefore free to use. However, 'public domain' is a legal term which means that the copyright in a piece of work has expired. The copyright term depends on the jurisdiction and the work in question but is usually the life of the author of the work plus 50 or 70 years. For example, Shakespeare's works are all in the public domain.
Photographs on the Internet are unlikely to be in the public domain. It is unlikely that the copyright of an image that is on the internet will have expired. Therefore, it is important to always be aware of the source of images found on the Internet.
Using short snippets of films, videos and music
It is commonly thought that using only a tiny snippet of a work (eg, a piece of music or a video) is permissible. Unfortunately, this is not the case.
Even uploading a 10-second video from a sports match could constitute copyright infringement if such video incorporates the most important part of the match. Similarly, using a snippet of the most recognisable part of a song or video will also likely constitute copyright infringement.
Altering works protected by copyright
It is commonly thought that making a few changes to a work protected by copyright will ensure that the work is sufficiently different from the original that its use will no longer constitute infringement. Unfortunately, this is also incorrect.
Adapting a work protected by copyright – such as a photograph (eg, using Photoshop to impose someone's head onto an image) – requires the owner's consent. In fact, altering a protected work, particularly a trademark, will likely annoy the IP owner even more than using the original work unamended. Careful consideration must therefore be given when altering works for own use.
Given the difficulties in integrating longstanding legal rules with advancing technology platforms, it is easy to fall foul of what is acceptable from a legal perspective. Therefore, when seeking to use a third party's copyright on the Internet, either in its original or amended form, it is recommended that legal advice is obtained in advance.
