What do you think?
Niall is called into a meeting with his team leader to discuss an embarrassing breach of copyright.
He sent a cutting-edge web template to a work colleague using a file sharing site and it has found its way into a competitor’s hands.
Niall admits he doesn’t understand a lot about copyright. Can Niall just say he doesn’t know the rules?
Securing ownership of copyright
You don't need to register your works to gain copyright protection. This occurs automatically when an original work is created. For further information on the basics of copyright check out Module 1: Copyright Basics.
If you retain copyright, you should take steps to manage it. Copyright can be valuable, but only if you are able to license or control your works. This will only be possible if you read your contracts and prevent others copying your work without your permission. Managing your copyright can help you be more successful in business too, because you can be paid more for a contract which transfers your copyright, compared to a contract which only licenses your work.
Here are some tips to consider when you author anything at work:
Use labels
Label anything you create with a copyright statement. This is a simple statement that asserts copyright is protected, the copyright owners’ details and an indication of the kinds of rights which are protected. E.g. © Deakin University 2020. All rights reserved.
Display policies
Include your business copyright policy in prominent places. Websites will usually have a copyright statement in the footer of the page. If you are sending invoices to clients, consider including a statement about copyright ownership – people often pay more attention to an invoice than a standard form contract.
Prominent contact information
Make it easy to find and contact the right person to organise a licence of your work. If you aren’t available or are not responsive, your copyright might be infringed and you will lose out on a licence. It is common for businesses to rely on a separate organisation for rights management or rights enforcement. If your work is licenced through an external provider, make sure users who search for you online will be directed there.
Preventing copyright infringement at work
Copyright infringement can pose a significant risk to a business. In order to mitigate that risk, you’ll be expected to have a strong regard for copyright in your work, both as an employee and as a freelancer.
Being an employee does not protect you from the legal consequences of copyright infringement for anything you create at work. If you are involved in a dispute over copyright, it will usually be dealt with as a disciplinary matter in your employment. It is possible you could lose your job and be liable for copyright infringement too.
As a freelancer, you may need to provide guarantees about your use of copyright material. This means that you can be liable for any copyright infringements and you could also lose the contract. To avoid being caught out by this, make sure you read your contracts and understand them before signing.
For many businesses, the risk of copyright infringement can be reduced by having ready access to quality licenced content. For example, a student or amateur blogger will often hunt the internet for a new image for each blog article, whereas a professional would have go to sources for images that could include subscription based image libraries like Shutterstock and Getty. This way the professional blogger doesn’t have to worry about the copyright of each image they find and can spend more time writing content.
What do you think now?
Can Niall just say he doesn’t know the rules?
No, ignorance is no excuse. Niall's employment contracts may decide his fate as he has signed and agreed to those terms.
Doing modules like this could prevent you from making mistakes at work that have far-reaching consequences.