- Use of someone else’s music in a video/podcast
It is possible for an online content producer to encounter issues regarding plagiarism in a number of ways, regardless if they are a blogger, YouTuber, podcaster etc. Using things such as music in a video or podcast are extremely risky when it comes to navigating copyright law.
When using music, it is important to know how you are using it. If you are using a full, original song, you must have permission from the artist or record label that owns the ‘rights’ to the song. However, the use of music does fall under the ‘fair dealing’ exception in some areas. If you are creating a cover of a song for YouTube, in which the original song has been licensed to be uploaded to, then you do not need permission to upload a cover. If you are creating a parody of a song, then it is classified as a ‘parody or satire’, and is viewed as fair dealing. However, if there is a failure to abide by these rules, and content creators find themselves using intellectual property without the permission of the original creator, or without compliance to the ‘fair dealing’ exception in the Copyright Law, then there can be negative consequences.
If you profited from the use of someone else’s work, you may have to pay the original creator in damages, as well your own profits. Courts may also order you to destroy your content including copyrighted material. To ensure that this doesn’t happen, it is important to know and understand all copyright laws before creating something, or attempting to use someone else’s intellectual property.
2. Using quotes on your blog
When it comes to using other people’s work in your own, you need to make it clear what your own original thoughts are and what you are using of someone else’s. Even using a very small part of someone else’s work and not quoting who it was from might constitute a breach of copyright. There are some exceptions when using the work of others. The copyright act (1968) included some “fair dealing” exceptions, including for purpose of: Reporting the news, Research or study.
To avoid copyright penalties when using quotes in your work you need to:
- Make it obvious which words are your own, and which words belong to someone else (by using quotation marks or block quotes).
- Make your quotes brief. . If you’re unsure or think you might be using too much of someone’s article, contact them to ask permission. Never copy the whole post.
- Always include the person’s name, and link to their site, article, or book if you can. Obviously if you’re quoting someone like Aristotle or Mother Teresa, hyperlinking is not as straightforward!
- Using someone else’s photograph in a news article or blog post
When using another person’s photograph in a blog or news article, the content creator needs to be aware of the copyright laws that are in place to avoid breaching these laws. Copyright on a photograph lasts for 70 years after the photographer’s death and once the copyright has expired, the work enters the ‘public domain’. This means that permission is no longer needed to reproduce the work.
Freelance photographers hold copyright for all uses unless their contracts state otherwise. If using a photographers image is part of a work contract for inclusion in a newspaper or magazine, the employee owns the right to reproduce the work. It can include reproducing it in a book or for photocopying purposes. The media employer retains all other rights, such as the right to reproduce the work in electronic databases or on the internet. It is possible to transfer copyright to others, however an assignment of copyright must be in writing signed by or on behalf of the assignor.
When thinking of using a photograph it is best to know:
- whether the copyright period expired
- If the copyright holder has ‘assigned’ copyright to you
- Have they ‘licensed’ you to use the material
- Does one of the ‘fair dealing’ exceptions apply, such as the exception for the purpose of criticism or review, reporting news, or ‘parody or satire’?
- whether you are using a substantial part of another’s work that will require you to pay for the use, or if you can work within one of the fair dealing exceptions.
Georgia Woods 