Copyright Infringement: Where’s the Risk?
Abstract
Before you use an image or other content on your website, social media feed, or elsewhere, be sure to check if it is copyrighted, and if so, get written permission from the owner to use it.
Copyright infringement is a growing concern for health care professionals. Psychiatrists are often unaware of potential liability for copyright infringement until they receive a demand letter or email from a law firm.
There are many situations in which psychiatrists may inadvertently infringe on a copyright (for example, adding a photograph—such as a calm lake—as a background on their website; adding a daily poem or quote on their Facebook page; or adding a cartoon, photograph, or diagram to a presentation). In these situations, psychiatrists should proceed with caution.
Understand Copyright Laws
When considering copying content from the internet, you should assume the work is copyrighted and obtain written authorization from the author or current owner before using it. Finding the copyright owner may take some investigation. The copyright law where the work was created applies, so be sure to understand the copyright laws of that jurisdiction.
Conduct Thorough Research and Attribute Properly
While search engines, such as Google, may provide a mechanism to find images, they do not contain a collection of copyright-free works. Read the copyright and licensing information to determine how and under what circumstances the work may be used.
Check the license provider’s website and the image’s host site. If there is no license but the work is protected by copyright, the author or owner of the work must approve its use before it can be used. If re-using the work (in another presentation), check to see if there are any time limits or restrictions regarding where and how the work is used. No matter what, follow the terms and conditions of the license agreement.
Pay attention to any requirements for citing the work. Google images, for example, provides information to help find copyright and licensing information. Creative Commons’ (CC) licenses allow most creative works such as photographs or videos to be used free of charge, although some licensors charge an initial fee for access. This does not mean the work can be used without giving credit to the author. CC offers six licenses that have varying restrictions on where and how the image can be used and whether it may be modified—for example, by cropping a photo—so make sure the terms and conditions of use and attribution requirements are understood. Current attribution of a CC work should include the title of the work, author/creator, source URL, and license.
Consider Alternatives
To avoid copyright concerns, consider creating your own photographs, charts, or graphs (citing the source of the data). If using your own photographs, consider privacy and confidentiality.
Utilize a company that allows purchasing the rights to stock images, videos, or other works.
Instead of copying the information, include the direct link to the source of the work. This is important when using X (formerly Twitter) or Facebook, for example.
When doing research, you may find multiple sources of the work. Include the author’s URL or Digital Object Identifier (DOI) if available.
Stay up to date on copyright laws and regulations, and educate staff on copyright infringement risks and best practices. Whenever possible, create and use original content to avoid the risk of infringing on someone else’s copyright. Consult a business attorney for questions regarding copyright. ■
This information is provided as a risk management resource for Allied World policyholders and should not be construed as legal or clinical advice. This material may not be reproduced or distributed without the express, written permission of Allied World Assurance Company Holdings, Ltd, a Fairfax company (“Allied World”). Risk management services are provided by or arranged through AWAC Services Company, a member company of Allied World. © 2024 Allied World Assurance Company Holdings, Ltd. All Rights Reserved.
Denise Neal, B.S.N., M.J., D.F.A.S.H.M., is a risk management consultant in the Risk Management Group of AWAC Services Company, a member company of Allied World. Risk Management services are provided as an exclusive benefit to insureds of the APA-endorsed American Professional Agency Inc. liability insurance program.
