9 Pro Tips to Avoid Copyright Infringement

Copyright infringement is a common issue among eLearning creators. 

In today’s world, where information is abundant, many people borrow graphics and other pieces of content from one another. But the question is, when does this become copyright infringement? Also, how can you protect your content from it?  

Well, in this guide, we will explore everything regarding copyright infringement, including tips and tactics on how to avoid it. We have already interviewed a famous speaker and self-publishing author, Angelica Norton, who also contributed to the article with some of her personal tips. 

What is copyright infringement? 

Copyright infringement refers to the usage of copyright-protected materials without permission of the copyright holder. For instance, music and movies usually face the most copyright infringement. In 2020 alone, around 27% of global users accessed unlicensed music, according to the statistics by Bytescare. 

Other types of content that can be pirated include text-based materials (books, books, articles, scripts, screenplays, etc.), visual content (photographs, images, infographics, illustrations, designs, etc.), audio and video content (podcasts, audiobooks, videos, etc.), and others including databases, applications, plugins. 

Let’s say a blogger copies an article from another website and posts it, without getting permission from the author/publisher. This is a clear case of violation. 

To be able to determine the violation or understand whether or not the content was copyright protected, you should first identify the content source, author information, and publication details. 

This will allow you to get detailed information regarding licenses, e.g., if it is a creative licensing or public domain. Then you can review the terms of usage and contract the author/publisher for specific permissions to avoid copyright infringement. 

9 Tips to Avoid Copyright Infringement

Well, it is time to dive into the practical section of this article and take a look at some practical tips on how to avoid copyright infringement. 

First, you should clarify content ownership. Before taking a piece of content, make sure to clarify its ownership. To clarify content ownership, you need to identify the author of the source and the resource where the material was originally published. You can check the licensing information (such as Creative Commons, GPL, or other specific terms for use) regarding the content you plan to use. 

After you are clear on the usage rights, contact the owner. You can usually find email or contact information on the website where the material is published. Then, ask for permission to explain how and for what purposes you are planning to use the content. To avoid further issues, you can also create and cosign a written agreement. 

You need to be well aware of any trademark or copyright notices and policies about borrowing the content to avoid copyright infringement. 

Get consent before utilizing content

Before using content that does not belong to you, make sure to get consent from the copyright holder. You can find the owner and contact them, asking for permission to use their content. For instance, you can offer to cite the source, explain where you are going to use their content, and so on. 

Design custom content

To avoid copyright infringement, make sure to design custom content instead of borrowing someone else’s work. Designing custom content includes creating custom graphics, eBooks, infographics, videos, and other forms of content. 

And if you do not want others to copy your unique content, make sure to include your branding elements in your material. Let’s say you are an author who creates and shares eBooks and other digital downloads. In this case, you will use your brand colors, mention your logo, or the design elements you constantly use to deliver your messaging. 

In this case, even if someone copies and tries to resell your material, strong branding will help people understand that you are the original author. 

“You will want to build your brand. Because people can have your material, but no one can deliver it like you. No one can speak on it like you. No one can teach it like you. So that's really important for you to remember. So if someone were to steal one of my ebooks on branding, you know, building an author platform, it's totally okay with me”. 

Angelica Norton

Author, entrepreneur

Get written copyright agreements

Make sure to check with your state or country regarding copyright processes. For instance, Angelica Norton mentions that in the United States, unless you are introducing a new methodology, you do not have to pay for copyright. However, you can still do it if you want to. The process will take from 2 to 3 months. In some cases, it can take up to 6 months. 

Your work will be protected from the moment you submit the payment. Before submission, it is not protected. 

For instance, ISBN is your standard international book number and protects your intellectual property by identifying you as an author. It is a very useful protection method for eBooks, which course creators often use as lead magnets and promotional materials to reach wider audiences. So, make sure to protect your intellectual property by purchasing ISBNs and assigning them to your digital work. 

Make your copyright policy clear to customers.

Well, let’s take a look at how you can make your copyrighting policy clear to everyone. 

For instance, you can create a detailed copyright policy page. On that page, explain to the visitors what is covered under your copyright and what usage permissions users have. Also, in a separate section, highlight prohibited actions, such as taking material without citing you or using your materials for monetization. 

A famous course creator who has an example of such a page is Marie Forleo. She has a specific page dedicated to the terms of use where she also outlines information regarding copyright infringement. 

Credit sources

You cannot contact the owners of the content 24/7. Thus, to save time and avoid copyright infringement, simply credit the owners from whom you retrieved the content. For instance, if you are using an image in your article, cite the creator or site from which the image was retrieved. 

Or, if you are using statistics to make a more convincing point, then cite the website or link it, to where the statistics came from. 

Use public domain materials

One of the proven ways to avoid copyright infringement is by using materials from public domains. For instance, materials with expired copyrights are considered public domain. For instance, materials published before 1924 in the United States are usually in the public domain. 

Other examples of public domain materials include reputable online sources such as Project Gutenberg, Government Publications, and Internet Archive. 

To avoid copyright infringement, first, verify public domain status by researching the material you intend to use. If you plan to modify the materials and adopt them, be mindful and respect the integrity of the original work. 

Understand fair use

Finally, understand the basics of fair use. 

Using copyrighted materials for educational purposes is considered fair use (do not forget to cite). There are two instances of fair usage: the first factor and the second factor. 

For instance, the first factor of fair use is that if you are teaching an art class, you can use a cartoon to elaborate on the technique and style. 

Transformative use to add more insights into the original material is also considered a fair use. For instance, a commercial picture from the 1960s could be used to discuss potential social concerns regarding race. 

Fair use highly depends on the format of the content. For instance, the above-mentioned is considered fair use for factual content. Yet, it can be a violation of creative work as rules are stricter when it comes to works such as novels, stories, songs, and other creative works. 

A clear violation of copyright is the usage of unpublished content. 

You can take a look at a detailed guide by Penn State University regarding fair and unfair use cases. 

What to do if infringement occurs? 

If infringement occurs, it is vital to take timely action and resolve the issue. The main steps include: 

• Identifying the infringement and the material in question. First, find the material that was used by a third party without your permission. For instance, it can be part of your course. 
• Review the copyrighting terms. Then, once again review the copyrighting terms to understand whether or not the material was sued ethically or if it violated the policies. 
• Find the contact details of the infringer. Then, write down a polite letter/notice where you should elaborate that the infringement occurred. 
• Collect and attach evidence to the letter/email. Include the material that was infringed, evidence, and a request to cease the activity by removing the infringing content. 

Also, you can use online platforms’ reporting tools if the infringement occurs on social media. 

If the content is not taken down by your request, then you can seek legal help. For instance, if an infringer repeatedly infringes on your copyright or desists letter or DMCA (Digital Millennium Copyright Act) takedown notice, then seek legal help. 

Conclusion

Avoiding copyright infringement is crucial to growing your eLearning business without additional headaches and strikes. So, make sure to follow the expert tips and advice in our article, which are tested and contributed to by creators.