Kunvay & Traklight present Why Marketers and Businesses Should Care About Copyrights

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Reggie Solomon is the founder of Kunvay which helps freelancers, creatives and their clients transfer copyright and intellectual property ownership online to design work, photos and written content. Reggie is interested in helping creatives and businesses learn how to navigate copyright & IP rights. He successfully addressed important copyright & IP issues firsthand as a co-author of the book I Garden Urban Style and as the creator of two blogs where he regularly works with freelancers and outsourced content providers.

Reggie holds a BA in political science and sociology from Yale University and a Master in Public Policy with a specialization in Business-Government policy from the Harvard Kennedy School.

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Kunvay & Traklight present Why Marketers and Businesses Should Care About Copyrights

  1. 1. Use #traklightwebinar on Twitter
  2. 2. Why Marketers & Businesses Should Care About Copyright & IP Webinar Presented for: Traklight February 18, 2014 Presentation by: Reggie Solomon Founder, Kunvay www.kunvay.com @reggiesolomon Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  3. 3. Why is copyright & IP important? Why should I care? • Using copyrighted work or IP owned by someone else without permission could put you at legal risk. • Particularly if you or your business benefits financially from the use of copyrighted work or IP owned by someone else, the copyright & IP owner may be entitled to damages and profits you have received. • Look no further than the movie, The Social Network, where intellectual property dispute was featured as the central conflict, as an example of why IP matters and why clarity regarding IP ownership is important. Don't suffer the fate of a Winklevoss twin. Photo Credit: _SJP1316 by TechCrunch used under CC BY 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  4. 4. Who should be concerned about copyright & IP ownership issues? • Everyone should have a basic understanding of how copyright & IP work in today's knowledge economy. • If you or your company benefits financially from the creative work you acquire from others, you should be familiar with copyright & IP basics. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  5. 5. Copyright & Intellectual Property 101 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  6. 6. What is intellectual property (IP)? • Intellectual property is a broad category description that refers to the class of intangible property created by the human mind (Examples: design work, photos, and written content, etc.) • Intellectual property rights safeguard the rights of creators and allows creators ownership rights to their creative work. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  7. 7. What is copyright? • Copyright is a form of intellectual property protection that provides creators of an original work with a bundle of rights to exclusively control the reproduction, sell and distribution of a work. • Essentially, this gives you as a creator the right to stop others from copying, adapting, publishing and distributing your work without your permission. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  8. 8. What can be copyrighted? Creative works that are copyrighted fall under the following categories: • • • • • • • • Literary works Artistic works, including graphic, pictorial and sculptural works Musical works, including lyrics Dramatic works, including accompanying music Motion picture and other audio-visual works Choreographic works Sound recordings Broadcasts 4 ♫♪ 7 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  9. 9. What can be copyrighted What this looks like to marketers and businesses Design •Logo design •Web & mobile app design •Illustration •Ad design •Graphical user interface design •Book cover, print & packaging design •Brochure and pamphlet design Photos •Portrait photos •Event photos •Product photos •Commercial photos •Stock photos Written Content •Articles or blog posts •Web or marketing copy •Script writing •Technical writing •Books •Book ghostwriting •Newsletters or pamphlets •Essays or lyrics •Source code & computer scripts Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  10. 10. What can’t be copyrighted? • • • • Ideas Facts Typefaces and fonts Titles, names, symbols, short phrases, slogans © X Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  11. 11. When does copyright begin? • Copyright begins the moment a work is created in a fixed and tangible form. • If you create it, you own it – copyright is automatic. Photo Credit: Start by jakeandlindsay used under CC BY 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  12. 12. How long does copyright last? • As a general rule in the U.S. for literary and artistic works created after January 1, 1978, copyright protection lasts for 70 years after the death of the creator. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  13. 13. Do I have to register my copyright? • No, but it’s smart to do and required if you ever have to file an infringement suit. • As a rule of thumb the more valuable a piece is to you or your brand, the more you’ll benefit from registering your work. • You can register copyright online via the U.S. Copyright Office for $35 per registration. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  14. 14. Does the © symbol need to be on the work for it to enjoy copyright protection? • No. There is no legal requirement to include the © symbol on your work. • However it does serve as a deterrent to would-be copyright infringers and it does help others identify the copyright owner of a work. Example: © Reggie Solomon 2014 © Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  15. 15. Where marketers & businesses get in trouble Not understanding: • • • • Copyright infringement Fair use Copyright & IP: Ownership vs Licensing Work-for-hire Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  16. 16. Copyright Infringement • Any violation of the exclusive rights of a copyright holder constitutes copyright infringement. • Whenever a work is copied, reproduced, distributed, performed, publicly displayed without the permission of the copyright owner, copyright infringement has occurred. • To determine if a work has been infringed upon the courts of have devised the “ordinary observer” test. This test holds that if an ordinary reasonable observer could look at an original work and an alleged copy and conclude that the latter constituted a copy of the former, then copyright infringement has occurred. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  17. 17. Have you or has your business infringed on someone else’s copyright? • Have you found a photo through Google Images and pasted into a post on your company’s blog? • Have you sent a friend a PDF copy of an e-book you purchased online? • Have you or your child traced the design of image from a magazine or book and passed the traced work off as your own? • These are all common ways people and employees infringe on the copyright & IP rights of others without really thinking about the impact and potential consequences of their actions. • Copy infringement impacts livelihoods because it does not allow creators to benefit from the fruits of their labor. In addition there can be tangible financial penalties for using copyrighted work without permission. A copyright holder could be entitled to profits made from unauthorized use of their work in addition to other damages. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  18. 18. Copyright Infringement Examples • • Read More Link: Modern Dog Read More Link: The Content Factory Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  19. 19. How Google punishes websites for copyright infringement • In August of 2012, Google made an update to its search algorithm that takes into account the number of valid copyright removal notices a website has received. • Google now penalizes copyright infringing websites with lower search rankings and potential elimination from its search engine altogether. • A large number of Digital Millennium Copyright Act (DMCA) “takedown” filed against your website your website could affect your or your companies rankings in Google search results impacting your bottom line. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  20. 20. Fair Use • Question: So when does use of copyright-protected work without permission not qualify as copyright infringement? • Answer: When use of a work is protected under the doctrine of fair use. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  21. 21. Fair Use • Fair use balances the needs of copyright holders with the public’s interest under limited circumstances related to commentary, criticism, teaching, scholarship, research and news reporting. • For example if you wanted to critique the work of designer, you might choose to feature an image of the designer’s work in an article. Use of the work in this way would be considered to be fair use. • You could also do the same with quoted words and or photographs as long as it’s done in moderation. A copyright owner always holds the option to challenge your judgment of whether your use of their work is protected under fair use if they feel your use has extended beyond the fair use territory. Image Credit: copyright intro by cali.org used under CC BY-NC-SA 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  22. 22. Fair Use Examples • Fair Use • NOT Fair Use “You take the good, you take the bad, you take them both and there you have The Facts of Life, the Facts of Life. There's a time you got to go and show You're growin' now you know about The Facts of Life, the Facts of Life.” Source: Lyrics on Demand, Lyrics to TV Show, The Facts of Life Left: Associated Press photo by photographer Manny Garcia Right: Hope poster by Shepard Fairey Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  23. 23. Fair Use • Luckily there is a guide and test to understand how to separate fair use from copyright theft. • For more information: Copyright Theft vs Fair Use: How to Determine if Your Work Has Been Stolen or Adopted for Fair Use with a 4-Part Test Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  24. 24. Copyright & IP Ownership vs Licensing Ownership Grants full rights and usage Pro: Own your work, you own you future Yours Con: Can be more expensive than licensed use Example: Logo design, photography, written content that you create and therefore can sell. Licensing Grants usage, not ownership Not Yours Pro: Can be cheaper than acquiring full ownership Con: Usage rights can be limited and subject to restrictions by owner including royalties Example: Stock photos and images from Shutterstock, iStockPhoto, Dreamstime Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  25. 25. Who Owns Copyright? Employers Employers automatically own copyright to work created by employees in course of their employment. Freelancers & Independent Contractors You don’t automatically own copyright to work created for you by freelancers, creatives and independent contractors. An extra step is needed. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  26. 26. One of the biggest mistakes marketers & businesses make is thinking . . . Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  27. 27. I paid a freelancer, creative or independent contractor for their work. Don't I automatically own full copyright & IP rights to the work because I paid for it? • No. • Think about the last time you bought a book. You own the paper and ink, but not the author's words or thoughts. The same holds true for all other intellectual property such as design work, photos and other written content. • A transaction in which someone wants to handover full copyright & IP ownership of their work to you is incomplete unless it's formally and explicitly transferred in writing. • In the case highlighted above where you paid for work without transferring copyright & IP ownership in writing, you would implicitly have a non-exclusive license to use the work however the freelancer, creative or independent contractor would still remain the copyright owner of the work. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  28. 28. How can copyright & IP ownership be transferred? • Copyright & IP ownership can only be fully transferred through formal written agreement. • This is often referred to as a “copyright transfer” or “copyright assignment” where you “transfer” or “assign” copyright & IP ownership. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  29. 29. Copyright & IP ownership is typically addressed in 1 of 3 ways when buyers work with freelancers, creatives & independent contractors 1. Contract in which a buyer receives full ownership rights to work upon payment to a freelancer. 2. Contract in which a freelancer retains full ownership rights to work upon payment and licenses use of work to a buyer. 3. Copyright ownership is not addressed at all -- even if a contract is used. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  30. 30. What happens if I don’t get a copyright transfer or copyright assignment? • In the most commonplace situation you would have an implied license to use the material. • However, you would not actually “own” the work. Meaning that you would have to get permission from the creator for future uses of the work or to alter the work in any way in the future. • The sale of knowledge work is considerably more difficult to transact than the sale of physical goods due to the legal complexities surrounding the transfer of copyright & IP ownership. Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  31. 31. Work-for-Hire • Work-for-hire language is often used in contracts so that buyers/clients automatically own copyright & IP rights to work produced by freelancers, creatives and independent contractors just as if they were a direct employee. • Work-for-hire allows buyers/clients to automatically own copyright to work produced outside their organization. • Work-for-hire arrangements are only valid if there a signed agreement with both parties indicating that a work is work-for-hire AND if an independent contractor is creating a specially-ordered or commissioned work in one of the specific 9 categories of work below: 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Contribution to a larger work, such as a magazine A part of a motion picture or audiovisual work A compilation of existing works Instructional texts or graphic works A translation of an existing work A test Answers for a test Supplementary works, such as a graph for a book An atlas 4 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  32. 32. Work-for-Hire The BIG Takeaway (where many marketers & businesses mess up) If a work does not specifically fit in one of the 9 categories below, the work does not qualify as a work-for-hire – EVEN IF – there is contract provision signed by both parties noting that a work is specifically created as part of a work-for-hire arrangement. Meaning you would still have to go through the step of clarifying copyright & IP ownership arrangements. 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Contribution to a larger work, such as a magazine A part of a motion picture or audiovisual work A compilation of existing works Instructional texts or graphic works A translation of an existing work A test Answers for a test Supplementary works, such as a graph for a book An atlas 4 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  33. 33. Another twist to look out for Freelancers Outsourcing Your Freelance Work “Do you ever delegate or outsource some of your work to others (to employees, other self-employed professionals or other companies/firms)?” 44% 56% No Yes Source: 2012 Freelance Industry Report: Data and Analysis of Freelancer Demographics, Earnings, Habits and Attitudes by Ed Gandia Data: Survey of nearly1,500 freelancers from around the world Link: http://www.internationalfreelancersday.com/2012report Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  34. 34. Pop Quiz & Case Study Review Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  35. 35. Who Owns the Copyright? Case Study 1: The company you are employed by is about to release a new e-book as part of new inbound marketing strategy to attract new customers. As a graphic artist you create a book cover design as well as custom illustrations to go inside the book. Who owns copyright to the book cover design and interior illustrations? Answer: Your company. Your company owns copyright to work created in the course of your employment. Photo Credit: 1 Mosaic by Leo Reynolds used under CC BY-NC-SA 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  36. 36. Who Owns the Copyright? Case Study 2: The neighbor’s kid down the street designed a logo for my new startup for free as a favor and as way to build up her portfolio. She emailed me the logo, told me I could have it, and I thanked her for it. There was no contract – she’s the neighbor’s kid after all. Who owns copyright to the logo? Answer: The neighbor’s kid. You own an implied license to use the logo. Photo Credit: 2 Mosaic by Leo Reynolds used under CC BY-NC-SA 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  37. 37. Who Owns the Copyright? Case Study 3: One our nonprofit volunteers created a new design for our website which really looks awesome now that it’s been redesigned. We took the volunteer out to dinner to thank him for helping us out since we can’t afford his regular website design fees. There was no contract – he’s a volunteer after all and we’re a nonprofit. Who owns copyright to the new website design? Answer: Your nonprofit volunteer. You own an implied license to use the work. Photo Credit: 3 Mosaic by Leo Reynolds used under CC BY-NC-SA 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  38. 38. Who Owns the Copyright? Case Study 4: My company hired a freelance copywriter to produce the new marketing copy for our new sales brochure. I signed a contract the freelancer gave me which included the deadline when I was to receive the work and how much the freelancer was to be paid. We paid the freelancer the agreedupon $1,000 for her work and have the brochure marketing copy which is really fantastic and wellwritten. Who owns copyright to the marketing copy? Answer: Read the contract. If the contract does not explicitly assign copyright & IP ownership to your company, you own an implied license to use the work by default. Payment does not automatically confer copyright & IP ownership transfer. Photo Credit: 4 Mosaic by Leo Reynolds used under CC BY-NC-SA 2.0 Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  39. 39. Thanks & For More Information For more information on copyright: U.S. Copyright Office www.copyright.gov For more resources on how to navigate copyright & IP smartly: Kunvay blog www.blog.kunvay.com Contact me: Reggie Solomon Founder reggie@kunvay.com @reggiesolomon @kunvay Webinar Presentation by Reggie Solomon, Founder, Kunvay www.kunvay.com
  40. 40. The best place to get IP information delivered to you in a fresh and fun way! blog.traklight.com
  41. 41. The ID your IP tool, can identify your potential IP including patents, trademarks, copyrights, and trade secrets, as well as get strategic advice on how to protect your intellectual property. 1. Go to Traklight.com 2. Click on the ID your IP button 3. Use Promo Code WEBINAR14 at checkout
  42. 42. View past webinars at: http://www.slideshare.net/search/slideshow?searchfrom=header&q=traklight

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