12/29/2024
“Can I use this photograph without getting sued?”
Asking this question before using someone else’s original creative work can lower your risk of having to defend against a claim of infringement by the copyright owner ($$$$) ...as long as you keep asking the right questions and getting the correct answers.
First, do you need permission to use the photograph? Yes, unless the work is in the public domain. Copyright is property (“intellectual” property), just like your computer (“personal” property), and your house or land (“real” property). Owners usually don’t like it if someone uses their property without permission.
Second, you’ve got to know whom to ask for permission. Typically, the copyright owner will be:
1. The employer if the work was created by an employee,
2. A legal entity that was assigned the title to the copyright, or
3. One or more individuals.
So, you may have to do some digging to identify the true owner(s) of the copyright.
Third, how does the owner give you permission (a license) to use the copyright?
1. The owner gives you written permission – the best way to stay out of trouble.
2. The owner gives you verbal permission – hard to prove if they give you trouble.
3. The owner implies that they gave you permission – trouble is just around the corner.
Copyright is a powerful tool that takes training to use. Lippincott IP can help you with your copyright needs.
Disclaimer: Attorney Advertising. This ad has not been approved by the Supreme Court of New Jersey. Your results may vary depending on the facts and circumstances.
