Dear Business Owner: 5 Myths You Must Know About Copyright Infringement

Many savvy business owners still get caught up with stealing work that's copyrighted--whether they do it unwittingly or on purpose. When approached by the copyright holder, the business owner's response is often: I didn't know.

Well, now you do. Here are five myths involving copyright. Since ignorance of the law is never an excuse, get to know the facts before you end up getting hit with lawsuits for stealing someone's work. Something that may have cost you $50 for reuse may cost you much more if you have to go to court.

Myth One: It exists, so I can use it.

This myth is the core of copyright law, and most people don't have a clue what a copyright is. Given that, they often genuinely think that they have the right to use someone else's work as long as it's already available publicly.

Copyright isn't that complicated. An artist, writer, business owner, whomever, creates something that is worth money. A copyright is the legal notice granted by the U.S. Copyright Office that the person created it and that person owns all rights associated with it. That means if someone else uses it without permission from the person who created it, or as in the case of some writing, permission from the publication that bought the work from the writer, it's stolen. A copyright puts you on notice that someone owns "x" and if you use it, you must get permission and/or remit a payment for use of the work.

Myth Two: I don't see a copyright notice, so it's not copyrighted.

Even if someone hasn't copyrighted a work formally, it's still protected. The very fact that something appears in public prior to your use of it proves that someone other than you came up with the idea. That should be your sign to research and/or ask.

Long ago, a copyright notice was a much stricter concept. Since 1989, following the Berne copyright convention, the legal concept changed. Since then the law assume that regardless of whether or not legal copyright notice appears, it is copyrighted. The piece of paper is just an added extra.

A lot of people still argue this point, but the ownership comes in the creation, not in the registering the work with the government. If someone can prove he created it prior and you used it, you've stolen that person's work, regardless of whether the person has a copyright notice attached. It's not assumed that the person is giving you permission to use the work because no copyright notice exists.

Some older items may have gone into public domain (meaning it's free to use), but even if it seems too old to have a copyright, check to make sure no one owns the rights before you decide to use it. For example, don't put a popular song in your store's jingle without making sure it is, indeed, free to use. It involves research, but it's less time consuming and costly than legal fees.

Myth Three: I've seen it all over the Internet so it must be copyright free.

No, that could just mean that a lot of ignorant people have stolen the item repeatedly. One person did it, then someone copied it from them.

The Internet has opened up a world of information, photography and the like that a small business owner would love to use. The fact that it's on the Internet doesn't mean it's free, however. In fact, unless the work states explicitly that it's free to use, assume it's not. Once it's on the Internet, there's evidence that the work existed before you, the small business owner, re-used it.

Myth Four: I'm using it for my blog (free/no ads) or I work for a non-profit. Since I'm not making any money off of it, I don't have to get permission.

Just because you are using a copyrighted item for a good purpose doesn't mean you circumvent the law. Let's look at an example: You find a super article on "x" and you reprint it in your newsletter that's of the Greenpeace ilk. The owner of the work may not share your political views and may not be happy with his work being associated with a cause he doesn't support.

I produced a free newsletter for a small membership of police officers in Baltimore County. I found an article I knew would be helpful to the police and private security members. I know copyright law, however, so I called the newspaper that had printed the (very small) article. I really thought it was a no brainer given this was a 200 or less member organization. The newspaper refused to grant usage, and that's their right since they own it.

Myth Five: The creator of the work will benefit from the exposure, so there's no harm.

You see listings all the time for new businesses looking for workers. Then you see the kicker: "We can't afford to pay but you'll gain valuable experience."

Many people believe that they aren't hurting anyone when they reuse someone's work because it gets that person's name and work out before more people, sort of like public relations. You may see it as a win/win proposition which is the cornerstone of good business, but it's not your call to make. If you do, you may have to pay more than you would have if you had just asked in the first place.

Artists, musicians and writers make their living from selling and reselling their work. If you use the work without payment, you are depriving this person of a paycheck. You expect a paycheck at the end of your work week, right? Why would you think it would be different for those who sell creative works? It's a simple enough premise: when in doubt ask.