What do you think?
Matt works as a marketing manager for NJN Engineering and found some photos of vehicle components on the internet.
Matt then used them on the NJN website to promote the type of projects that NJN design. The images were subject to copyright and not licensed for sharing, and Matt did not seek permission or attribute the photos.
Has Matt just made a mistake or committed a crime?
Enforcement of copyright
When you think of copyright infringement disputes, you might picture lawyers on the steps of court. However copyright disputes are usually settled in more efficient ways.
Click on each of the drop-down sections below to learn more.
Invoices and letters of demand
To deal directly with a copyright infringer, there is usually first a letter demanding payment for licence fees or that you cease using the copyright works immediately. These are often from lawyers or IP enforcement agencies. Copyright law penalises you for sending out false demands. Lawyers aren’t penalised in the same way and tend to be more persuasive with their letters of demand.
Interruption to services
Increasingly copyright disputes are being resolved by targeting your service providers. Many internet-based services are under an obligation to expeditiously remove copyright infringements, so targeting these services is a fast remedy compared to letters of demand. If you have a website, you might have content removed. If you have an internet connection, you might have that restricted. You may already be familiar with some of the mechanisms used by social media platforms to take down copyright content; YouTube can remove videos from the platform.
Bad publicity
When a large business or organisation is alleged to have infringed copyright, it isn’t unusual for the media to be involved. Copyright disputes are often drawn out, so there can be repeat coverage over a long time which can cause damage to a business’ reputation.
Civil action - injunctions
If a copyright infringement claim is decided by a court, there are many types of remedies available. Early on in a dispute, a copyright owner may be able to prevent business activities that are claimed to infringe copyright at least until the matter is fully decided. This might be that a book is prevented from being sold, or a movie cannot be distributed.
Civil action - account of profits
Even if you have no idea that you are accidentally infringing copyright, you can still be ordered by a court to provide the copyright owner with an account of profits – that is all the profit you made from the infringement. ‘Innocent infringement’ is not the same as failing to be diligent with copyright. Remember; lack of knowledge of the law is no excuse.
Civil action - damages
Most copyright infringement cases include damages. This is an amount of money that repairs the harm done to the copyright owner. There are various types of damages, and they can quickly add up to a lot of money.
Criminal conduct
Copyright law includes some criminal offences. It is a crime to make unauthorised recordings of performances and to deal with commercial quantities of copyright infringing goods. If you are the victim of these, you can contact Police. The penalties include going to jail, so they are very serious.
What do you think now?
Has Matt just made a mistake or have they committed a crime?
Matt has not committed a criminal act but has broken the law and may be subject to disciplinary actions. The ramifications will vary from case to case and can depend on the impact felt by other parties. The images should be removed from NJN Engineering’s website.
The copyright owner may go further, such as pursuing Matt’s employer for loss of income or bad publicity because of unauthorised copying and sharing.