fbpx
  • Home
  • Blog
  • How do I avoid copyright infringement?

How do I avoid copyright infringement?

0 comments

Either independently develop or license from a reliable source all of the images and other works of authorship that you use personally and in your businesses. If you do this, then you won’t infringe anyone’s copyright.

There is a legal way to use copyrighted works in the US without getting a license. It’s called “fair use” and is a limited defense against copyright infringement for use of a copyrighted work for a specific purpose. There are 4 factors to consider:

  • the purpose and character of your use of the copyrighted work;
  • the nature of the copyrighted work, itself;
  • the amount and substantiality of the portion taken (used); and
  • the effect of the use upon the potential market for the copyrighted work.

You’d like to know that your use is “fair use” BEFORE being sued. But this is a difficult analysis, even for an intellectual property attorney.

Typically, a legal opinion for a relatively easy analysis would cost $10,000. So, “fair use” is not for everyone.

Also, fair use is merely an affirmative defense to copyright infringement. So, relying on fair use basically admits infringement. If you’re analysis is wrong, it’s going to cost you.

So, it’s better to own or license works.


{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}

About the author 

Chris Paradies

Florida Bar certified intellectual property and U.S. patent attorney, founder of Paradies® law, chair of the board of directors for the Tampa Bay Innovation Center and certified coStarters facilitator. West Point graduate, entrepreneur, disruptor. Father, husband, faithful steward.

Ready To 5X Your Business Value?

>