What entrepreneurs must know about copyright

Small businesses must know enough about copyright law to avoid copyright infringement. In the digital era businesses are more at risk of copyright infringement than ever before because it is so easy to source and distribute information.

It is important that small business owners understand copyright law, as a mistake can hurt your bottom line, whether the violation was intentional, says Tumelo Mashabela, managing director at Tshaya Mashabela Attorneys.

She shares a few tips that will help small business owners avoid copyright infringement:

Understand the Copyright Act and its relevant provisions

Mashabela says the first step is to understand what copyright law is, as there are common misconceptions around this issue that often lead to legal problems.

“Copyright law describes the rights that creators have over their literary and artistic work and it provides the owner with the rights to have control on how this creative work can be used.”

The primary function of copyright is to ensure that creators benefit economically from their materials and receive proper recognition for their work.

Rather assume everything has copyright protection

Every type of content on the internet has copyright that someone owns because copyright exists automatically without having to undergo any registration process. Once the work is original and fixed in some permanent form, copyright exists automatically.

Mashabela says one way of telling whether a work has copyright protection is through the copyright symbol © that may be affixed to it. “However, do not assume that since a copyright symbol is not affixed onto the creative work that there is no copyright.”

Another way is to check if the work falls in the public domain, meaning it is free to use and copy. Copyright protection eventually expires and once the copyright term ends for a work, it enters the public domain, she says.

Carefully read license terms and conditions first

Take the time to read the terms of a license agreement before using any piece of work, as it can help you avoid copyright infringement issues, Mashabela says.

“If the terms of the license agreement are unclear, it is advisable to ask the copyright owner for clarification in writing as evidence that you obtained permission to use it.”

The exception of fair dealing

The fair dealing exception in the Copyright Act allows a user to copy other people’s material for their own study, research, or private use, without seeking permission from the copyright owner, but this is only permitted if what you do with the work is fair, Mashabela says.