Running a small business comes with many responsibilities, and often, copyright law isn’t at the top of the list of concerns—until it’s too late. As a small business owner, you might unknowingly violate copyright laws or have your own intellectual property at risk. At Landry Legal, PLLC, we help entrepreneurs protect their creative works while avoiding legal pitfalls. Here are 10 common copyright mistakes small business owners make and how you can avoid them.
1. Using Images Found on Google Without Permission
Many small business owners assume that images found on Google or other search engines are free to use. However, these images are typically copyrighted. Using them without permission or proper licensing could result in legal action. Always ensure that any image you use is either licensed for commercial use or sourced from a royalty-free website.
2. Failing to Secure Copyright for Your Own Content
Some business owners believe that simply creating content (such as blog posts, logos, or product designs) automatically provides all the protection they need. While copyright is automatic upon creation, officially registering your copyright provides additional legal protection, such as the ability to seek statutory damages in a lawsuit.
3. Misunderstanding the Fair Use Doctrine
Fair use allows limited use of copyrighted material without permission, but it’s a narrow exception. Many small businesses mistakenly believe that using a small portion of someone else’s work is always fair use. This is not the case—fair use depends on several factors, including the purpose of the use and its effect on the market for the original work.
4. Overlooking Licensing Requirements for Music and Videos
Whether you’re creating an advertisement, a YouTube channel, or even a store playlist, using music and video without proper licensing can land you in hot water. Platforms like YouTube offer copyright-free music libraries, but if you’re using commercial tracks, make sure you have the appropriate licenses.
5. Not Properly Using Copyright Notices
While a copyright notice is not required to enforce your rights, it can serve as a strong deterrent against infringement. Including a clear and visible copyright notice on your website, product, or publication signals to others that you are serious about protecting your intellectual property.
6. Believing That Small Changes to a Copyrighted Work Make It Legal
Some business owners think that making minor changes to a copyrighted image, song, or design will make it “different enough” to avoid copyright issues. Unfortunately, this is a common misconception. Even small changes can still constitute copyright infringement if the original work is still recognizable.
7. Failing to Secure Written Agreements for Creative Work
If you hire freelancers, designers, or photographers to create content for your business, make sure you have a written agreement that explicitly transfers the copyright to you. Without this, the creator may retain ownership of the work, even if you paid for it.
8. Assuming You Own Copyright in Work Created by Employees
For work created by employees, the “work for hire” doctrine generally means the employer owns the copyright. However, this rule doesn’t automatically apply to independent contractors. Make sure your contracts clearly state that the work is being done as a work for hire, or ensure that the copyright is transferred to you upon completion.
9. Ignoring International Copyright Implications
If your business operates internationally or your content is accessible globally, it’s important to consider how copyright laws differ in other countries. Copyright laws are not universally identical, and you may need additional registrations or licenses to fully protect your work in foreign markets.
10. Not Seeking Legal Advice Early
Many small business owners only seek legal help after they’ve already encountered a copyright issue. However, consulting with a copyright attorney early on can save you from costly mistakes. Whether it’s registering your own work, understanding licensing agreements, or responding to infringement claims, proactive legal advice is always a smart investment.
Conclusion
Copyright law can be complicated, but avoiding these common mistakes will help protect your small business from legal risks. At Landry Legal, PLLC, we specialize in helping businesses navigate the complexities of copyright law. If you have questions or need legal assistance, we’re here to help. Don’t wait until it’s too late—reach out to our team today and ensure your business is legally protected.
