The internet makes a wealth of information and resources available to anyone from anywhere. It can be beneficial for professionals and businesses, but only if they understand what’s legal and what isn’t.
There is a common misconception that anyone can use anything on the internet. This is not true. Fair use and copyright laws still apply to content that lives on the web.
Every business should know what they can legally use and what they cannot before adding content to their training program. Some content may be available for a fee or through permission from the content creator.
If you want to know how to get more out of your learning management system, start by making sure you won’t face legal repercussions for the content you add to it.
Does Fair Use Apply to the Third-Party Content That My Business Uses?
In U.S. copyright law, fair use allows brief excerpts of copyright material to be used or quoted without payment or permission in certain circumstances. This can apply to a corporation for commercial use if it is done for certain purposes, including:
- Research
- Teaching
- Criticism
- News reporting
- Scholarly reports
Fair use applies to all types of content, including photos, music, videos, and books.
It’s important to understand the nuances of fair use. While a teacher in a public school may be able to play a full video, that doesn’t mean that it will also be permitted in every training setting.
Four Factors that Apply to Fair Use
There are four factors that are used to determine if content falls under the fair use doctrine.
- The Purpose and Character of the Use
Are you using the content for profit? Non-commercial and non-profit educational purposes are more likely to fall under fair use than commercial purposes.
Some cases may fall under a transformative use which is considered fair use. That means the content is used in a new way with a different purpose than originally intended. For example, a cartoon could be used to demonstrate an artistic technique.
- The Nature of the Copyrighted Content
The nature of copyrighted work also plays a role. A work that is factual is more likely to fall under fair use than one that is fictional. The same applies to published versus unpublished works. Those that are published are more likely to be considered fair use.
- Amount of the Content Used
A court would also review the amount and substantiality of the portion used. There isn’t a specific threshold, but it will consider if the amount used makes up the core of the complete work. When a smaller amount of copyrighted material is used, it’s more likely to be considered fair use.
- Effect of Use on the Value of the Work
The effect the use of copyrighted material has on its value is also considered. If the use diminishes potential market value, then it likely won’t be considered fair use. Use also should not compete with the copyrighted material.
What Happens if I Use Copyrighted Material in My Business?
It’s always best to create your own content to use in business training. Getting caught using copyrighted material can lead to very expensive legal problems.
If you want to learn about these 8 things you can do to lower employee training costs, start with keeping your content on the up and up. A lawsuit may lead to lawyer fees, fines, and other expenses.
There will also be a toll taken on your organization’s reputation. Future customers and business partners will be less likely to want to work with you if they think your business steals content.
How to Avoid a Copyright Infringement Lawsuit
Your organization should know the origins of all content used in its training program. This will help you avoid a copyright infringement lawsuit.
- Use Citations in Your eLearning Content
Use citations in all eLearning content. Adding a citation pays respect to the original creator. It can also be a valuable tool for learners who want to delve deeper into a topic. Citations should include the source of the work, who created it, and the terms of use. This should be done anytime someone else’s work is utilized.
Remember that citations help protect you, but they do not override copyright law. Copyrighted material is still protected, and you can still face a legal battle even if you add citations.
- Use Public Domain and Royalty-Free Content
Free content is out there. Look for royalty-free and public domain resources. Public domain refers to content that isn’t protected by copyright, trademark, or patent laws. Anyone can use it without permission. This occurs when a work is created by the Federal government or when the copyright has expired.
Royalty-free content like music, videos, and photos are out there. However, remember to review the rules for using royalty-free content. You may be required to give credit or some restrictions may apply.
- Obtain Permission to Use Copyrighted Content
You can use content that someone else created if they give you permission to do so. This could be as simple as asking the creator directly or buying a license.
Make sure you receive permission in writing, so you have it recorded in case of a dispute. If you are purchasing a license, make sure you know the restrictions for that license. Some content may have limited uses or require attribution.
Many learning management systems connect to content marketplaces that let users obtain content legally. It’s always best to be cautious if you aren’t sure about a specific item. When in doubt, leave it out of your business.
