Photo courtesy of The Fried Firm
Copyright law is not something most people think about until they get a cease-and-desist letter. By then, the damage may already be done. Whether you run a small business, create content online, or manage marketing for a company, copyright mistakes can happen fast – and the consequences are serious.
The good news? Most copyright lawsuits are preventable. Understanding where people go wrong is the first step to protecting yourself.
If you’ve already received a legal threat or you’re not sure whether something you’ve done crosses the line, speak with a copyright infringement lawyer as soon as possible. Early legal advice is almost always less expensive than defending a lawsuit.
What Is Copyright Infringement?
Copyright infringement is when someone uses a protected work without the owner’s permission. That includes reproducing, distributing, displaying, or creating something based on the original work. Copyright protection is automatic, which means a creator doesn’t need to register a work or add a copyright symbol for it to be protected. The moment someone writes a song, takes a photo, writes a blog post, or records a video, that work is protected under U.S. copyright law.
Common Copyright Mistakes (And How To Avoid Them)
1. Using Images From Google Without a License
This is one of the most frequent mistakes businesses make. Images that appear in Google Search results are not free to use. Most are protected by copyright, even if they don’t have a watermark. What to do instead:
- Use licensed stock photo platforms like Adobe Stock, Shutterstock, or Getty Images
- Use images marked with a Creative Commons license and follow the specific terms of that license
- Take your own photos or commission original work
Even “free” image sites like Unsplash have terms of use. Read them.
2. Assuming “Fair Use” Protects You
Fair use is a legal defense, not a blanket permission. Courts evaluate fair use on four factors:
- the purpose and character of the use
- the nature of the original work
- the amount used, and
- the effect on the market for the original work.
People commonly believe that using small portions, adding commentary, or not making money from something automatically makes it fair use. That’s not how courts see it. The 2023 Supreme Court decision in Andy Warhol Foundation v. Goldsmith clarified and narrowed the way courts evaluate transformative use, especially when the new work serves a similar commercial purpose to the original.
3. Thinking a Credit or Attribution Is Enough
Giving credit is not the same as getting permission. You can acknowledge the creator of a photo, song, or article all you want, but that doesn’t give you the legal right to use it. Permission means a license. A license is a written agreement (or clearly stated terms of use) that tells you exactly what you can and cannot do with the work.
4. Using Music in Videos and Social Content
Background music in videos is a common source of infringement claims. This applies to YouTube videos, Instagram Reels, TikToks, marketing content, and anything you publish online. Licensing music is more accessible than ever. Platforms like Musicbed, Artlist, and Epidemic Sound offer subscription-based licenses for commercial use. Alternatively, use music that is clearly marked as royalty-free or in the public domain, but verify the terms carefully.
5. Copying or Closely Paraphrasing Written Content
Copying text from another website, publication, or report without permission is copyright infringement. This includes blog posts, product descriptions, whitepapers, and news articles. Paraphrasing can also cross the line if the structure and expression remain substantially similar to the original. The fact that you changed a few words doesn’t eliminate the legal exposure.
6. Using a Work After the License Expires
Licenses have terms. An image licensed for a one-year campaign cannot be used indefinitely. A song cleared for one video cannot be reused in a second one without a new license. Build a system for tracking license expiration dates. Many infringement claims against businesses come not from deliberate misuse but from expired or misunderstood licensing arrangements. Businesses using an AI logo generator should ensure their final branding is original and respects intellectual property laws.
7. Assuming Older Works Are in the Public Domain
Works don’t automatically enter the public domain after a certain number of years in every context. The rules are complex and depend on when the work was created, whether it was registered, and whether the copyright was renewed. For example, works published in the U.S. before 1928 are generally in the public domain. But works published between 1928 and 1977 involve a more complicated analysis. When in doubt, consult an attorney before using a work you believe to be public domain.
What Happens If You’re Sued for Copyright Infringement?
The 2024 Supreme Court decision in Warner Chappell Music v. Nealy established that, under the discovery rule, if a copyright claim is filed on time, there is no three-year lookback restriction on recovering damages. That decision expanded the financial exposure defendants face in copyright cases. If you receive a cease-and-desist letter or become aware of a potential claim:
- Do not ignore it. A non-response can make things worse.
- Do not admit fault in writing. Anything you say can be used in litigation.
- Contact a copyright attorney immediately. Your options narrow the longer you wait.
Settlements are common. Many intellectual property cases are resolved before trial, often through negotiated settlements.
How To Protect Your Copyrighted Work
If you create original content (writing, photography, design, video, code, music), you have artist rights worth protecting. Steps to take:
- Register your works with the U.S. Copyright Office. You must have a registered copyright (or at least a refused application) before filing suit in the U.S.
- Use copyright notices on your published work. While not legally required, it puts the world on notice and can defeat a “I didn’t know” defense.
- Monitor for unauthorized use. Tools like Google Reverse Image Search, Copyscape, and TinEye can help you find unauthorized uses of your work online.
- Act quickly when you find infringement. Delay can complicate your legal options.
Want to know about Is Pre-Settlement Funding Only for Emergencies? Not Always Check out our Legal Advice category.
How To Avoid Copyright Infringement: FAQs
Not necessarily. Many “free” websites host images that are still protected by copyright. Always check the license attached to any image before using it commercially or publicly.
No. Phrases like “No copyright infringement intended” have no legal effect. They do not substitute for permission or a valid license.
Copyright protects original creative works — writing, music, art, and photography. A trademark protects brand identifiers like names, logos, and slogans. They are separate bodies of law with different protections and enforcement mechanisms.
The length of the clip is not a bright-line rule. Courts look at whether the portion used is recognizable and central to the original work. There is no legal “safe harbor” of a specific number of seconds.
Consult a copyright attorney before taking action. An attorney can help you send a legally sound cease-and-desist letter, file a DMCA takedown notice, or pursue litigation if necessary.
In the United States, works produced on or after January 1, 1978, are typically shielded by copyright for the creator’s entire life plus 70 years. For commissioned work, the duration is either 95 years post-publication or 120 years post-creation, whichever expires first.
Sharing via a platform’s native sharing features (like a retweet or share button) typically does not constitute infringement. Downloading and re-uploading someone else’s content without permission is a different matter.
