What Should You Do If Someone Steals Your Work

Attention - Man Stealing White Stripe by Julian Mason from Flickr (Creative Commons License)

Attention – Man Stealing White Stripe by Julian Mason from Flickr (Creative Commons License)

Copyright infringement appears to be rampant on the internet. Some people don’t understand that they can’t use anything they find online. They don’t understand that the law lets the copyright holder dictate where their work is displayed and distributed. Some people get defensive when they get caught and say you should be happy that you’re giving them exposure.  Others know it’s illegal and take the gamble that you won’t notice or that you won’t object if you see what they’ve done.

Make Sure It’s Your Work They Copied
People don’t always own what they think they own. Check your contracts to verify that you are the copyright owner and not just the creator of a work. Remember – employees don’t own the copyright in anything they create within the scope of their job but independent contractors retain the copyright in anything they create unless there’s a written copyright assignment or work made for hire contract. Additionally, two artists can independently come up with similar ideas for original works and it may not be problematic so long as they’re only claiming rights in what they created.

How Do You Want This To End?
This is the question I ask all my clients who are in a suspected intellectual property infringement situation. Their goal determines my course of action. Ideally you should determine how you want to react to infringement before it occurs so you can lay the foundation in advance for your desired outcome.

If you just want the infringer to take down your work, you can respond with one of the following:

If you want the alleged infringer to pay you for using your work you can send a bill or sue them for infringement. If you want to pursue one of these options, you definitely want to use a lawyer to contact the alleged infringer on your behalf or through the court.

If you’re OK with the person using your work, you should send them a notice that gives them permission and requests they ask permission before using your work in the future. You always want to respond when you suspect someone is using your work without consent. Otherwise you could create the impression that you’ve attached a blanket license for anyone to use your work which could hurt your chances of going after other suspected infringers in the future.

Please note – you can send a notice without being a jerk about it. Jack Daniel’s sent what’s been referred to as the nicest cease and desist letter when an author copied Jack Daniel’s label on his book cover.  You could write or ask your attorney to do something similar

If you need a legal resource about how to avoid problems related to copyright and trademark infringement online, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to intellectual property and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

What to do if You’re Accused of Copyright Infringement

Watch it or lose it - thieves at work by Tristan Schmurr from Flickr (Creative Commons License)

Watch it or lose it – thieves at work by Tristan Schmurr from Flickr (Creative Commons License)

The owner of a copyright has the exclusive right to control where their work is copied, displayed, and distributed. If they think that someone is using their work without permission, there’s a good chance they’re going to react. They may be passive aggressive and write a blog post about you. They might b direct and send you an email or call you. If they sell their work for a living, they may just send you a bill. They may also hire a lawyer to send a cease and desist letter, a DMCA takedown notice to your webhost, or they may just sue you.

If you are accused of violating someone’s copyright, the first thing you want to do is examine the situation. What are they claiming is on your site or your materials that belongs to them? Some people will tell you that you can use anything you find on the internet as long as you provide and attribution and a link to the original – and that’s just not true. What you may have done is commit infringement and admit it. So look at the image or text in question and try to determine where it came from. If you created it from scratch, there’s a good chance it’s not infringement. If you got it from someone else, you may have a problem.

In most cases, it’s a good idea to schedule an appointment with your copyright lawyer if you’re accused of committing infringement, especially if the other side contacted you through their lawyer. He/she can examine the situation, explain your options, and help you choose the right course of action for your situation. In most cases, the person who claims you stole their work doesn’t want to sue you. They likely want you to stop using their material, and possibly pay a licensing fee for the time you used it. In many cases you want to respond either as yourself or through your lawyer with what you did or could do to resolve the situation.

There are times where you might want to risk not responding. Some people do this is they think nothing will happen if they ignore the notice from the person claiming you stole their work. Sometimes this is effective. Sometimes it leads the person to escalate and sue you or report your company to a regulatory body that oversees your company. It’s not a decision to make lightly.

So what are the best and worse-case scenarios in these situations? In the best-case scenario, the person making the claim against you is wrong because you haven’t violated their copyright sending a response to that end or ignoring them will resolve the situation. In the worst-case scenario, you’ll be sued (and lose!) for willfully stealing someone’s copyright and sued for $150,000 per image or article you stole, plus the copyright holder’s attorney’s fees.

Legal Side of Blogging Book CoverBecause the penalties can be so high, you want to be careful when you use other people’s content on your website or marketing materials. You need to be sure that you own or have permission to use content created by third parties.

If you need a legal resource on this topic or anything related to the laws that apply to social media, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Who Really Owns Your Content?

ZombieGrafitti by RhodanV5500 from Flickr (Creative Commons License)

ZombieGrafitti by RhodanV5500 from Flickr (Creative Commons License)

If you outsource any of your content creation (blog, photos, videos, etc.) you need to read this.

A lot of business professionals have the misconception that if they pay for something, they automatically own it. If your marketing department or employees create your content, that’s true. The company will own the copyright in (and actually be the author of) everything your employees create within the scope of their employment.

That is not always the case when you use third party contractors to create content for your company. If you don’t have a contract with your independent contractor, the law says the contractor owns the copyright in whatever you’ve hired them to create. You only get an implied license to use the content. The contractor can stop you from using the content in a different way than the original project.

If you find yourself in that situation where you thought you owned the contract but you only had a license and you wanted to become the copyright owner, you would need to have the contractor sign a copyright assignment to give it to you. This is a contract that must be in writing. And since the contractor owns the copyright, it’s his/her prerogative to charge whatever they want to assign it to you. So that means they can basically make you pay for the same work twice.

So how do you avoid being in this situation? When you work with independent contractor, you need a solid contract for each project that explains what you’re hiring them to create and who will own the final product. Many contractors I’ve worked for have requested contracts that state that the hiring company only owns their work product when the company has paid its bill in full. If the company doesn’t pay its bill, the company doesn’t own the content and the contractor has legal recourse to prevent the company from using their work.

Legal Side of Blogging Book CoverIf you work with independent contractors on a regular basis, consider having a lawyer create a contract template for you to ensure that the document is complete and that all your interests are protected.

If you need a legal resource for laymen on this topic, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Copyright Assignment vs Exclusive License

Is Copyright a Little Fuzzy? by Elias Bizannes from Flickr (Creative Commons License)

Is Copyright a Little Fuzzy? by Elias Bizannes from Flickr (Creative Commons License)

I recently got an email from someone who asked me to explain the difference between a copyright assignment and an exclusive copyright license. I told him to call me and I’d explain it and he never did. So I’m writing a post about it.

The main difference between an assignment and a license is who owns the copyright. In an assignment you give up ownership and in a license you retain it.

Copyright Assignment
When you have a copyright assignment, you give someone else your copyright (usually in exchange for money).  Once you assign your copyright, you no longer own it. You can’t get it back unless the person you assigned it to gives it back or sells it back to you. Copyright assignments have to be in writing to be valid.

If you assign your copyright in a work to someone and then you try to use that same work – perhaps in a new project or your portfolio, you could be committing copyright infringement. The person you previously assigned your copyright to would have the authority to make you stop using it.

This may sound bizarre to you and some people have trouble grasping the idea that you can create something and be in a position where it’s illegal for you to use it. Think of it in terms of other property: If you sell your neighbor your car, you’re no longer allowed to drive it without their permission. Likewise if you sell your copyright to someone, you need their permission to use it.

Exclusive Copyright License
When you have a copyright license, you retain ownership of your copyright and you give someone permission to use it. In a license, you determine which of your copyright rights you’re letting the person use.  (A copyright comes with the rights to copy, distribute, display, perform, and make derivative works.)  A copyright license can be for all the rights, or just some of them.

An exclusive copyright license means that only the person who is licensing the rights can use them. You, as the copyright owner, can’t even use them while the license is in place. A copyright license can be perpetual or time limited.  So when a person has an exclusive perpetual copyright license that covers all the copyright rights to a work, it looks similar to a copyright assignment, except that the ownership of the copyright didn’t change. If someone wanted an exclusive perpetual copyright license, that might be a situation where the owner might want to consider assigning the license.

In a copyright license, you can have rights over what the person licensing the rights can do with it. For example, you might have the right to ensure that the licensing party is adhering to the standards you set regarding how the copyright will be used. If it’s a situation where you’ve licensed your copyright in exchange for share of the profits, you would be owed an accounting to ensure that you’re not being ripped off. Licenses tend to be complicated and should be in writing.

Deciding whether you should have a copyright assignment or a copyright license for your work can be a complicated decision that should be evaluated carefully, possibly with the assistance of a copyright attorney in your community who can explain your options and write effective contracts for you.

If you want to chat with me about copyright, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.

Copyright FAQs

Large Copyright Graffiti Sign on Cream Colored Wall by Horia Varlan from Flickr (Creative Commons License)

Large Copyright Graffiti Sign on Cream Colored Wall by Horia Varlan from Flickr (Creative Commons License)

When I speak, I often refer to previous blog posts as potential resources for attendees. I frequently talk about copyright issues and I realized I haven’t written a post about copyright basics. So let me fix that.

What is Copyright?
The copyright law gives you rights to your original work. Your work may be comprised of text, drawings, photographs, video, sculpture, music, etc. When you create something, you have the right to control where your work is copied, distributed, displayed, performed, and what derivative works can be made from it.

What’s a Derivative Work?

When Do You Get Copyright Rights?
You get your copyright rights the moment your work is fixed in any tangible medium. It has to be a work you’ve created, not just an idea in your head. You do not have to register your work with the U.S. Copyright Office or even put a copyright notice on your work (“©[YEAR] [YOUR NAME]”) to get your rights.

How Long Does Copyright Last?
For all works created on or after January 1, 1978, the duration of copyright is as followed:

  • For work created by an individual: Life of the author + 70 years
  • For work created by a company: 120 years from the date of creation

After this time period, the work become part of the public domain and anyone can use it for any purpose without needing the copyright owner’s permission. The owner of a copyright can give up their rights to their work at any time by releasing it into the public domain. If they release a work into the public domain, they can never reclaim their copyright rights.

What’s the Difference Between Copyright and Trademark?

What’s the Benefit of Registering a Copyright with the Copyright Office?
There are two main benefits for registering your copyright with the U.S. Copyright Office:

  1. It is strong evidence that you actually own what you claim you own.
  2. You cannot sue for copyright infringement unless you register your work with the Copyright Office.

If you want to be in a position where you can sue for copyright infringement when someone steals your work, talk to a copyright attorney about your copyright strategy. There are many ways to protect your work. This is where the law can get really complicated and you want to make sure you’ve set yourself up for your desired outcome.

How Do You Register Your Work with the Copyright Office?
You can register your work on the Copyright Office’s website. You’ll need to fill out the form, upload a copy of your work, and pay a filing fee. The filing fee for a single work is $35-55. You can do this yourself, but the Copyright Office’s website is not very user-friendly.  I recommend at least hiring an attorney to walk you through the process the first time.

Legal Side of Blogging Book CoverIf you want to do it all yourself, allot at least 2-3 hour to get through it the first time. And you might want to have an adult beverage on ice as a reward at the end of the process.

To put it in context, it took me an hour the first time I registered my own work and I knew what I was doing. (I have a certificate in intellectual property in addition to my law degree.) Now, I can submit an application to register a copyright in under 30 minutes most of the time.

I hope this has been helpful. If you have questions about how copyright works in terms of the internet, social media, and /or blogging, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. Approximately half the book addresses copyright issues.

If you want to talk more about copyright, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.

Be Leery of Free Image Sites: You May Inadvertently Commit Copyright Infringement

Palm Sunset by Lawrence Rayner from Flickr (Creative Commons License)

Palm Sunset by Lawrence Rayner from Flickr (Creative Commons License)

I cringe every time I hear people says they use Google Images to find pictures for their websites because I know most of them are using anything they find in the search results without adjusting the settings to only show images that give them permission to use them. And I love it when people, especially entrepreneurs, use Creative Commons, seek out other sources for free images, or purchase a license to use images from iStock. Unfortunately, there are times when business owners think they are doing everything right, and they don’t realize they’re not until they’re threatened with legal action.

I have heard about a few situations over the years when someone has stolen images from a photographer and made their work available for free without the artist’s permission. Sometimes the person who steals the original image cuts off the photographer’s watermark or signature before posting them online. These photo thieves may post these images on their own site as free images or wallpaper. You might download this work and use it on your site, thinking that you are acting within the limits of the law.

When the photographer realizes that their work has been stolen, they’ll probably be angry – and they might send letters than demand payment or threaten legal action to every site where their work has appeared without their permission. And rightfully so – as the copyright holder, they have exclusive right to control where their work is copied and distributed. The fact that you didn’t know that you were doing anything wrong will not absolve you. If you’ve used an image where the watermark or other copyright notice was removed, they could accuse you of committing copyright infringement (punishable by up to $150K in statutory damages per violation) and removing the copyright management information to facilitate the infringement (punishable by up to an additional $25K per violation).

So what do you do if you receive one of these demand letters? Contact a copyright lawyer immediately. You want to verify that the claim is legitimate and strategically plan your response. If the claim is legit, the artist likely wants you to pay their licensing fee and/or stop using their image. It’s probably best to let your lawyer respond on your behalf but if you choose to respond to the letter yourself, it’s a good idea to have your lawyer at least review your response before you send it to make sure that it’s thoughtful and reasonable.

What should you do to avoid this type of problem in the first place? Be leery of free wallpaper sites. I have more faith in images I find through Creative Commons – though it is possible that someone could steal another’s image and make it available with a Creative Commons license. You can always run the image you want to run the image through the Google Image search engine to see where else it is being used online. That may help you determine if the image might be stolen. If there ever is an image that you want to use on your site and you’re unsure if you have permission to use it, explicitly ask the artist for their permission.

If you want to learn more about copyright issues on the internet, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It has several chapters dedicated to copyright. You can connected with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.

Highlights on Copyright & Publishing from the Indie Author Conference

Rockin' my Magic Red Chucks at the Changing Hands Indie Author Conference - Photo by Jeff Moriarty (used with permission)

Rockin’ my Magic Red Chucks at the Changing Hands Indie Author Conference – Photo by Jeff Moriarty (used with permission)

I had the pleasure of speaking at the Changing Hands Indie Author Conference over the weekend. It was a day packed with sessions for indie authors and aspiring indie authors on how to publish and market a book. I did two sessions called “Legally Speaking” on how copyright applies to book writers. Here are the top 10 highlights from my presentation and the audience’s questions.

1. You have copyright rights in your work the moment your ideas are captured in any tangible medium (paper, computer file, etc.). You still have your rights even if you forget to put a copyright notice in your book.

2. Having a copyright gives you the exclusive right to copy, display, distribute, perform, and make derivative works based on your work. These rights last for the duration of your life, plus 70 years if your work was created after January 1, 1978.

Close-up of my Magic Red Chucks - photo by Pam Slim (used with permission)

Close-up of my Magic Red Chucks – photo by Pam Slim (used with permission)

3. You don’t have to register your copyright with the U.S. Copyright Office to get your rights. You do have to register if you want to sue for infringement.

4. You should submit you application to register the copyright in your book before you make it available for sale.

5. If you live in a community property state (like Arizona), copyrights acquired during the marriage are community property unless you have a prenuptial agreement or spousal agreement that states otherwise.

6. Make sure you understand the difference between a copyright assignment and a copyright license. In the former, you give away your copyright rights; in the latter you retain copyright ownership but grant someone permission to use some of your rights.

7. If you are incorporating other works, characters from existing works, or trademarked products, consult an attorney to make sure you understand what legal risks you’re taking with your project.

8. You will need works made for hire contracts or copyright assignments for artists who contribute to your book (i.e., illustrations, graphics, forward or afterward by another writer, cover art) to give you the copyright in what they create. Consider adding a provision to the contract that states the contributor indemnifies you if you’re accused of copyright infringement because of their contribution.

9. When you create a budget for your book, plan to pay for a lawyer for a few hours to draft or review your contracts. Use a copyright lawyer, not your lawyer buddy who specializes in personal injury law.

10. If you have a publisher, read your contracts carefully to make sure you understand what rights you’re giving up (if any) and how and when you’ll be paid. Don’t sign anything you don’t understand because you’ll probably be stuck with the contract as long as it’s not illegal. Never be afraid to ask for clarification.

If you want to chat more about this topic, please can connected with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.

Why You Have to Respond to Suspected IP Infringement

Cease and Desist by H.L.I.T. from Flickr (Creative Commons License)

Cease and Desist by H.L.I.T. from Flickr (Creative Commons License)

A few weeks ago we all had a good laugh when Jeff Briton, owner of Exit 6 Pub and Brewery in Cottleville, Missouri got a cease and desist letter from Starbucks when he named one of his craft beers “Frappicino.” Starbucks said this was too similar to their Frappuccino and even took the liberty of contacting the beer review website Untappd to get the Frappicino beer listing removed.

Briton responded with a letter and a check for $6 – the profit he made from selling the beer to the three people who reviewed it on Untappd. If you haven’t read this letter yet, go do it. It’s hilarious.

My hat’s off to Briton for writing such a brilliant response and turning this situation into an awesome opportunity to promote Exit 6. Some people might say that Starbucks’ lawyers were being jerks for sending a cease and desist letter to the little guy who wasn’t their competition anyway. But it was what Starbucks had to do to protect its intellectual property.

When you have a copyright or a trademark and you know that someone is using your intellectual property without your permission and you do nothing, you send a message that you don’t care about protecting your intellectual property rights. If you let the little guys get away with things like Frappicino beer and then one of your big competitors does something similar and you try to lay the smack down on them, your competitor will have an argument that your track record shows that you let others use your property without permission or penalty. By not protecting your intellectual property, you put yourself at risk of losing your intellectual property rights.

It’s because of this risk that Starbucks has to send cease and desist letters to Exit 6 Pub. This is why I tell clients to keep an eye out for other people using their intellectual property. In trademark situations, a cease and desist letter is usually the proper response, even in situations like Frappicino beer.

This is also why I tell bloggers and photographers to be diligent about who is using their work. If they find that someone’s using their copyrights without permission, even if they’re ok with it, I often recommend they contact the alleged infringer and grant them a license after the fact and request an attribution if the infringer didn’t give them one. If they’re not ok with what the alleged infringer did, we discuss whether the artist wants to send a cease and desist, a DMCA takedown notice, a licensing agreement with a bill, or sue for infringement. There should always be a response.

If you have questions about your intellectual property rights or your strategy to protect them, please contact an intellectual property attorney in your community. If you have questions related to copyright or trademark and blogging, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed.

If you want to chat with me more about this topic, you can connected with me on TwitterGoogle+FacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.

To Watermark or Not To Watermark

How to Create a Watermark in Photoshop by Michele M. F. from Flickr (Creative Commons License)

How to Create a Watermark in Photoshop by Michele M. F. from Flickr (Creative Commons License)

I was recently asked to talk about whether there are benefits to putting a watermark on your photos before posting them on the Internet. Is it worth the extra effort? Do they really prevent people from stealing your work?

Like all legal questions, the answer is, “It depends.” But let’s look at it.

When you take a photograph, you have copyright rights in your work the second the image is put on film or saved in your camera. You have the exclusive right to copy, distribute, display, and make derivative works from your picture, even if you don’t register it with the U.S. Copyright Office  or put the © [Your Name] [Year] on it. If you want to sue for copyright infringement if someone steals your work, you have to register your work and if that’s the case you should consult a lawyer to determine the best copyright protection strategy for your work.

I look at watermarks similarly to home security. Your home doesn’t have to be fortress; it just has to be less appealing than the other houses on the block. A watermark makes your photo less appealing to potential infringers who can probably find (and possibly steal) a similar image elsewhere that doesn’t come with a watermark.

For people who understand copyright, a watermark is a visual reminder that they don’t own the image and they should contact you if there’s an image they really want to use. The problem with watermarks is they can obscure the image itself and interfere with people’s ability to enjoy the image which was the purpose of posting it online in the first place.

You could try to avoid this problem by putting the watermark in the corner so it doesn’t obstruct the image, but then you open yourself up to the possibility that someone will steal you work and crop off the watermark before using it. If an infringer does this, it is a separate additional penalty to copyright infringement. If you sued the infringer you could ask for damages for the infringement which can be up to $150K if you qualify for statutory damages and up to an additional $25K for removing or altering the “copyright management information.

So, should you take the time to put watermarks on your photos? It’s your call. You can deter potential infringers with watermarks and/or using software that prevents them from downloading your images from your website. But if someone is dead set on stealing your work, there’s probably nothing you can do to completely stop them. The questions then become how much energy are you willing to put into prevention and how do you want to respond if someone steals your work. How you want the situation to be resolved usually tells you what you have to do on the front end to set yourself up for the desired outcome.

If you want to chat with me more about this topic, you can connected with me on TwitterGoogle+FacebookYouTubeLinkedIn, or you can email me. I’m also available to speak at events on Copyright for Creatives.
You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.

Burning CDs and Copyright Law

CD Reflections by spcbrass from Flicker (Creative Commons License)

CD Reflections by spcbrass from Flicker (Creative Commons License)

One of my favorite minimalists shared a post by Lindsay Schauer about the eight things you can live without on Twitter last week, and it kicked off a legal discussion and he asked me to comment. One of the things Lindsay said to get rid of is your CD collection – burn them to your hard drive and get rid of the physical CDs themselves. That makes a lot of sense. A single CD doesn’t take up much space but a collection of jewel cases does.

I put my CDs in a CD binder and chucked the cases years ago, but can you legally copy a CD you own and keep that instead of the disk?  Probably.

The copyright holder (likely the record label or the artist) controls when/where/how their work is copied, distributed, and performed. When you buy a CD, you only purchase the tangible object – not the intellectual property rights. Just like when you want to get rid of an old book you can give it away, throw it away, or sell it to a second hand store, the same is true for CDs. However, you can’t make a photocopy of the book so you can keep the original for yourself and give a copy to a friend. The same is true for CDs. (Yes, all those copies of CDs you burned from or for your friends are probably illegal.)

CDs by borkur.net from Flickr (Creative Commons License)

CDs by borkur.net from Flickr (Creative Commons License)

If you legally purchased a CD, you can make a copy of it for “archival” purposes. This prevents you from having to buy a new one in the event the CD gets lost, damaged, broken, or used as a Frisbee, coaster, or for an art project. The same rule applies for making a copy of computer software that you’ve legally purchased.

So can you take Lindsay’s advice and copy all your CDs to your hard drive and chuck the originals? Yes, if you legally purchased the albums. You can only make one copy for yourself. You can’t make copies for your friends.

The purpose of the copyright law is to give artists rights in their work and allow them to profit from selling it. An archival copy is supposed to be a backup for the original, so some copyright holders may frown on people who make an archival copy of a CD and sell the original. (You’re starting to look like the guy who sells a book to a friend but keeps a photocopy of it for himself.) There’s an argument that you’re committing copyright infringement; however, the amount you’re making isn’t really cutting into their profits, and the artist might be happy that more people are being exposed to their music. If someone is concerned about their rights and maximizing profits, they might be less upset if you throw the CD away or repurpose it into a coaster so anyone else who wants the album has to buy it.

The good news in copyright infringement cases is the only person who can come after you for copyright infringement is the copyright holder. If they don’t know what you’re doing or don’t care, they will never come after you.

If you want to chat with me about this or any other topic, you can connect with me on TwitterGoogle+FacebookYouTubeLinkedIn, or you can email me.
You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.