Chalkline NewsLetter

Always Be Mindful of Distributing Copyright-Protected Material

2022 Issue 2

copyright lawA robust online communications practice is a powerful tool for BAC Local/ADC officers to communicate with members. However, it is your responsibility to follow relevant intellectual property and copyright rules. Published articles are copyrighted materials and permission should be sought before they are reprinted/posted on websites. Photos and videos created by others are likewise protected and should not be distributed without appropriate permissions and releases – even to make another type of content like an infographic or “meme.”

Most subscription news outlets have sophisticated tracking mechanisms to see when organizations online use their copyrighted materials to larger audiences. Enforcement of copyright infringement cases has increased in recent years, sometimes with resulting damages in the millions. There is also an increase in less legitimate cases by so-called ‘copyright trolls’ – parties who raise intellectual property claims for nuisance settlement.

Be sure to consider the source of any materials you distribute to members, whether on your local/ADC website, through email or social media, or via text. Do not cut and paste published news articles without citing the original article with a link, and do not re-distribute such material if you have received it from others. Likewise, avoid posting or otherwise distributing photos or videos that have been created by someone else without appropriate permission. There are some permissible uses of protected materials within the ‘fair use doctrine’ but those are narrowly tailored. The bottom line for distributing non-original materials should be “if in doubt, leave it out.”

If you receive any correspondence alleging that you have infringed upon any copyrighted works, you should contact your counsel immediately. If you have any general questions regarding copyright infringement or general intellectual property issues, please contact IU Assistant General Counsel Clark Taylor at ctaylor@bacweb.org or 202-783-3125 or IU Communications Director Emily Smith at esmith@bacweb.org or 202-383-3116.

Please also reach out to Sister Smith if you would like information about searching online for photographs or images with a creative commons or public use license for your visual communication needs.