1. Use #traklightwebinar on Twitter

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. 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. 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. Copyright & Intellectual Property 101
Webinar Presentation by
Reggie Solomon, Founder, Kunvay
www.kunvay.com

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. One of the biggest mistakes
marketers & businesses
make is thinking . . .
Webinar Presentation by
Reggie Solomon, Founder, Kunvay
www.kunvay.com

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. 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. 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. 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. 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. 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. 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. Pop Quiz & Case Study Review
Webinar Presentation by
Reggie Solomon, Founder, Kunvay
www.kunvay.com

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. 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. 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. 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. 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. The best place to get IP information delivered to you in a
fresh and fun way!
blog.traklight.com

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. View past webinars at:
http://www.slideshare.net/search/slideshow?searchfrom=header&q=traklight