Is social media leading you towards a lawsuit for copyright infringement?

David Mclean of Geometry looks at the issue of unauthorised use of copyright material and images in a commercial setting.

Those of us old enough to remember a world before social media (or Web 2.0 as it is correctly known) will remember a time when copyright infringement was something to fear in a commercial environment. But of course back then it was far less common and required a conscious effort to infringe on somebody else’s copyright materials.

But here we are now, well into the era of Web 2.0, and it is frightening clear that copyright infringement is something, like parking on double yellow lines, that people aren’t taking seriously enough.

For anyone in business it is crucially important to recognise that there will be different levels of tolerance between private non-commercial use of copyright materials and commercial use. Sticking a picture of a celebrity, company or brand on your personal Facebook or Twitter is not going to be a problem. It happens millions of times every day and while technically illegal and is unpoliceable and generally tolerated by the copyright holders of whatever material you are using.

However, if you take the same cavalier attitude in a commercial setting you’re asking for trouble. Many people who use social media frequently will be spitting feathers as they read this and will disagree. Many of them will work in industries where they provide creative services to businesses and some might be using copyright materials illegally in commercial use in the mistaken belief that it is OK. They will probably point out that I’m not paying lip service to something called ‘Fair Use’, which they believe gives you carte blanche to use copyright materials for any reason.

The reality is; there is no such thing as ‘Fair Use’ here in the UK. It’s an American term. Here in the UK we have something called ‘Fair Dealing’, but it has no statutory definition and it will always be a matter of fact, degree and impression in each case. So beware of anyone who tells you Fair Use or indeed Fair Dealing is a defence.

Under Section 29(1) of the Copyright, Designs and Patents Act 1988, fair dealing is a valid defence when dealing with copyright infringement for the purpose of non-commercial research or private study. This includes personal copies for private use, research and private study, criticism, review, quotation and news reporting, caricature, parody or pastiche. Nowhere is there any defence of use of copyright material in a commercial setting, and with good reason. Unauthorised use of copyright material for commercial use will by definition be for commercial benefit, whereas private non-commercial use is not. So the copyright holder will understandably expect recompense.

Social media is a particularly risky area. It requires a conscious effort to ensure you differentiate how you use social media in a personal and in a professional way. This becomes even more important if you have responsibility for your business’ social media communications. Don’t be tempted to use copyright materials without authorisation, including pictures of celebrities. They may take a very dim view of their likeness being linked with your business, and indeed may demand you pay them for use of their image if you are using it for commercial benefit.

So take care out there.

Visit Geometry PR online at: www.geometrypr.co.uk and Follow on Twitter @geometrypr

Pictured above: David Mclean of Geometry PR