As an attorney, I regularly get asked legal questions by my friends. Of particular concern among marketers and PR professionals are copyright and fair use, because those concepts apply to content marketing strategy.

I get asked some variation of the same 10 questions on a regular basis, so I'm going to answer them here.

1. Can I use someone else's content (text, image, video, music) on my website if I give them credit?

Not unless they've given you written permission to use their material, OR you're willing to spend the money to present a "fair use" defense if the creator sues you for copyright infringement. (It's nearly impossible to know in advance whether the court will ultimately find that your use was "fair.")

2. But what if I'm not making any money off my blog? Can I use someone else's content then?

No. Using someone else's work without permission is still copyright infringement, whether you make money from it or not. It might, however, influence whether what you did is considered "fair use" by a court, or how much money the court awards in damages.

3. But what if I only use a little bit of someone else's content, like a few seconds of video or a paragraph of their whitepaper?

There is no "safe amount" of someone else's copyrighted material you can use without permission. Not 30 seconds, not 10, not 5. Zero.

4. But isn't that ridiculous?

In some cases, yes, but as much as I think copyright law needs to be reformed to reflect modern attitudes and technological capabilities, the current situation is what it is, and the risk of liability is substantial for anyone using someone else's copyrighted work.

5. How do I know if another work is subject to someone else's copyright?

You should assume every work is subject to copyright. Did you create the work? No? Then don't use it without permission from the person who did.

In some cases, the content creators might release their work pursuant to a Creative Commons license. If that's the case, confirm that it is in fact their work (and that they didn't upload someone else's work to YouTube or wherever), and that the use you're planning fits within the terms of the specific creative commons license they chose.

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Marketers' 10 Most Common Copyright Questions... Answered!

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ABOUT THE AUTHOR

image of Kerry O'Shea Gorgone

Kerry O'Shea Gorgone is senior editor and writer at Appfire. She co-hosts The Backpack Show LIVE with Chris Brogan and Punch Out With Katie and Kerry, and serves as Consigliere and Showrunner for Chris Brogan Media. Once upon a time, Kerry was a lawyer (number one in her class at Suffolk University Law School).