Photo | Courtesy of Julia Becker Collins
Julia Becker Collins is the chief operating officer at Northborough marketing agency Vision Advertising. She can be reached at julia@vision-advertising.com.
Updated: November 11, 2024
Advice
The failure of small business to understand copyright laws
By Julia Becker Collins
After 20 years in marketing, I’ve seen firsthand how powerful content can be. It’s thrilling to watch digital marketing evolve, but it has challenges. With the vast world of information just a Google search away, we’re navigating a double-edged sword: free access to endless content.
For small businesses with limited resources, Google may seem like the solution to all content-related needs. Using an image you found online to post alongside a blog or to help illustrate your business offerings can be tempting, but doing so is ill-advised.
Visual, written, and other forms of physical content are tangible forms of expression protected under copyright law. Using photos straight from Google to improve your site’s aesthetics and engagement without giving credit to or getting permission from the copyright owner is copyright infringement, which can lead to severe repercussions.
As consumers, online spaces often feel like a gray area regarding copyright. The ambiguity is especially true when it comes to social media. With the ability to upload, share, and modify images without repercussions, it’s easy to disregard any potential issues that may arise from using copyrighted content. Individuals have leeway: between Fair Use copyright laws, the lack of potential gain, and the frequency, it doesn’t make sense for copyright owners to pursue action. But as a business, this all changes.
If your business uses copyrighted material, it can face issues, such as:
Public relations: If you post images you don’t own to social media, you may get comments on how that material isn’t yours, especially from artists or photographers, which can quickly evolve into a PR nightmare.
Removed content: If your platform receives a DMCA (Digital Millennium Copyright Act) takedown for your content, you may suddenly find a hole in your marketing or branding where content used to be. Content removal can lead to a negative impact on both your brand’s reputation and visibility.
Legal action: You may have legal action threatened by individuals or lawyers who own the copyright. If these copyrighted works are integral to your business, you may have to settle at a high cost or do a costly rebrand.
My advice is to always use legal and ethical methods. Find free image resources on the web: public domain, commercial use Creative Commons equivalent, or stock images. Buying images is another solution. Try opening a dialogue with the creator if you have a specific visual in mind. Abiding by copyright laws may seem intimidating, but it’s not complicated.
Another tactic is putting image creation in your hands, which is easier than ever with smartphones and free graphic tools. The time you’ll spend dealing with the copyright fallout isn’t worth the risk. The same applies to written copy: do it yourself or pay someone to do it for you.
WBJ Web Partners
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