Copyright is an important issue to consider when posting content online. Violating someone’s copyright can lead to legal trouble, so it’s crucial to take steps to avoid infringing on others’ intellectual property rights. Luckily, there are several strategies you can use to legally share content without running into copyright problems.
Understanding Copyright Basics
Copyright protects original works of authorship, including literary, musical, dramatic, and other creative works. This includes things like books, songs, movies, art, photographs, etc. The creator of an original work automatically obtains copyright protection over their work as soon as it is fixed in a tangible form.
Copyright gives the owner exclusive rights to reproduce, distribute, publicly perform and display their work. This means you need permission from the copyright holder to reuse or share substantial portions of their work. Posting someone else’s copyrighted content online without permission is copyright infringement.
However, copyright law also provides for some exceptions that allow for limited use of copyrighted works without permission. Understanding what you can and can’t legally do is key to avoiding copyright problems online.
Strategies for Legally Using Copyrighted Material
Here are some best practices for legally using copyrighted material in your online posts:
Link to the Original Source
One easy way to avoid copyright issues is to simply link to the original source instead of reposting copyrighted content verbatim. For example, if you want to reference a news article or research study in your blog post, provide a link to the original rather than copying paragraphs of text. This allows readers to view the full context if they choose.
Use Limited Quotations
You can generally quote limited portions of copyrighted works without permission under fair use doctrine. Fair use allows for using excerpts that are brief and relevant for purposes like commentary, criticism, parody, etc. For written works, using 1-2 key sentences or a paragraph or two usually falls under fair use.
When quoting, always credit the original creator and link back to the source material. Quotes should only be as long as necessary to make your point. Don’t take so much that it could substitute for the original work.
Paraphrase Content
Rather than directly quoting copyrighted material, you can restate it in your own words. This allows you to summarize key points without appropriating original phrasing. However, paraphrased content should still credit the original creator. Don’t just rewrite a paragraph from another source and pass it off as your own writing.
Use Facts and Data
Facts and data themselves are not protected by copyright. For instance, you can legally report statistics, historical dates, sports scores, names, and other facts. Just be sure to cite the sources where you obtained the information. Unique selection and arrangement of facts can be copyrighted, so don’t copy full data tables or charts without permission.
Post Commentary and Criticism
You can legally incorporate limited excerpts from copyrighted works when posting commentary, criticism, parody, reviews, etc. Analyzing and critiquing copyrighted material falls under fair use provisions. Just be sure your use only includes as much as needed to make your point and doesn’t replace demand for the original work.
Use Licensed Media
Many copyrighted works are released under Creative Commons licenses, which allow for reuse under certain conditions like attribution. Look for CC licensed images, videos, sounds clips, etc. that permit adaptations and sharing. Wikipedia and other sites also offer public domain or CC licensed content to use.
Take Inspiration, Not Content
Reading something you find thought-provoking? Take inspiration from it and create your own unique commentary. Don’t simply repost chunks of text from the original work. Build on concepts and themes using your own original analysis and writing.
More Examples of Legal Online Content
Here are some other ways you can legally incorporate or reference copyrighted material in your posts:
– Review a copyrighted work (book, movie, product, etc.) giving your commentary and critique. Quote brief relevant passages.
– Discuss current news events based on multiple copyrighted articles. Link to sources without reposting full articles.
– Comment on or parody lyrics from a copyrighted song. Use just a line or two that’s very relevant to your point.
– Post a meme that incorporates an image from a copyrighted work like a movie screenshot. Memes count as transformative fair use when focused on commentary.
– Take a screenshot of a copyrighted video and add your own arrows/text to comment on a specific part. The added original analysis makes it transformative.
– Compile “best of” or “worst of” lists of copyrighted works like movies, books or music. Brief commentary on each is considered fair use.
When in Doubt, Ask Permission
If you want to extensively quote, closely paraphrase, reproduce images/audio/video, or otherwise reuse substantial portions of a copyrighted work, it’s safest to ask the copyright holder for permission. Many creators will grant permission if you specify exactly how you plan to use their work and give proper attribution.
You should also get permission if your use does not clearly fall under an exception like fair use or could negatively impact the market for the original work. Don’t just assume your use is automatically permitted under copyright law. When in doubt, take the time to ask.
Consequences of Copyright Infringement
If you use copyrighted material without permission or legal exception, the copyright holder can send you a cease and desist letter or a DMCA takedown notice. This requires promptly removing the infringing content.
Further copyright infringement can lead to civil lawsuits and monetary damages. Statutory damages can range from $750 to $30,000 per infringed work, with increased penalties for willful infringement.
Criminal charges are also possible for major copyright violations done willfully and for commercial gain. This can result in fines and even imprisonment. Getting hit with a felony over a social media post is highly unlikely, but still demonstrates the serious legal repercussions.
Platforms like Facebook, Instagram and YouTube may also penalize your account for repeat copyright violations by restricting access or terminating your account. It’s not worth jeopardizing your account and community over unauthorized sharing.
Best Practices for Copyright Compliance
Here are some key tips for legally using copyrighted material in your online posts:
– Only post short, relevant quotations with proper attribution.
– Summarize or paraphrase content using your own wording.
– Link to original sources rather than reposting full text/images/videos.
– Add your own original commentary and criticism.
– Use CC licensed and public domain media.
– Transform content by creatively remixing or parodying.
– Get permission to use substantial portions of copyrighted works.
– Avoid closely imitating or duplicating existing material.
– Consult an intellectual property lawyer if you have any doubts.
Conclusion
With a basic understanding of copyright law, you can legally reference and discuss copyrighted works in your online posts. Rely on small relevant quotes, commentary, parody, facts, CC licensed media, and links to original sources. Obtain permission when reusing substantial portions of protected works or if your use could act as a market substitute. Taking the proper precautions allows you to create social media content that informs, inspires, entertains, and engages audiences without infringing on copyright.