In this article, we’re going to focus on fair use and copyright compliance in relation to creative works.

There are legal obligations in writing and other creative mediums that are important to be aware of. Let’s dive into intellectual property ethics and legal rights.

Fair Use and Copyright Compliance: The Basics

Copyright compliance and fair use are interconnected terms, with the latter being a condition for the former.

What Is Copyright?

If we break down the term copyright, we have:

• Copy: An original work that has been put into a tangible medium
• Right: The legal entitlement to something

So copyright in the context of creative works ensures the creator of the work has the creative rights to said work. You’ll notice that a condition to copy is that the work has to be put into a tangible medium.

This is essentially saying the work is in a real-world form that can be perceived by others. For example, it could be words written on paper or video recorded on a disc. Basically, there is a copy of the work somewhere. So, as a writer, if you have written a manuscript on paper (or, more likely, typed it in a document), you can copyright it.

What Is Fair Use?

Copyright protects a work from being reproduced unlawfully. The creator owns the copyright to their original work. However, a limit to copyright and a factor in copyright compliance is fair use. This is when an individual can use copyrighted work under certain conditions without being granted permission.

One fair use example is to use copyrighted work when an educator uses it for educational purposes, i.e., a teacher photocopying pages from a book for her students.

Copyright Compliance Conditions

To determine if the use of copyrighted work falls under fair use, there is an assessment that asks about

• the purpose of the use: If something is used in a manner that is nonprofit and for educational purposes, then oftentimes it is fair use.
• the nature of the work: Whether the copyrighted work itself is highly original or creative.
• the portion and substantiality of the copyrighted work used: Using a small percentage of a work is more likely to be deemed fair than a big portion.
• the effect of use on the existing or potential market value of the copyrighted work: If the use of the work damages the market value, then it is likely not fair.

It’s necessary to be aware of copyright compliance guidelines while sharing or using copyrighted works.

Intellectual Property Ethics

Ethics and law are two different matters that don’t always coincide. Something can be legally okay, as it’s not against the law, but still ethically wrong.

However, existing fair use laws are generally built upon ethical matters. A recent matter that has arisen in the world of copyright is how much of a role artificial intelligence can play in the creation of a work. Currently, work that is mostly AI-generated cannot be copyrighted, but the use of AI in assisting the creative process is creating a gray area.

It’s a basic courtesy to credit the creator for their work, whether they are a writer, an artist, or a musician. That is the least you can do when it comes to intellectual property ethics, regardless of whether it is a legal requirement. People may waive the right to be credited if they, for example, supply images to a website for copyright-free imagery. If this is not the case, you should always credit the creator.

If a work is not published publicly, then the ethical thing to do is to seek permission from the creator.

Generally, the rules around ethically using another person’s intellectual work are as follows:

• Always give credit to the creator.
• Seek permission if the work is not public.

Awareness of Legal Obligations in Writing

If you are publishing written work, it’s important to be aware of the law. Although there are various laws in different parts of the world and the USA, you should be aware that when you publish, you must abide by the law.

When it comes to legal obligations in writing, one thing you have to be aware of is referencing. There are recognized systems of referencing in the literary and academic worlds that are used to show credibility and fact-checking in nonfiction work. It’s important to reference your work correctly.

In terms of copyright compliance and fair use, this may impact the type of information you share or images you use. And as we said earlier, the AI tool must be used carefully when you copyright a piece of work. AI tools can be great for streamlining the publishing process, idea generation, and aiding with research, but they shouldn’t be relied upon for content generation without human intervention.

A final thing to consider is that if you are publishing through a traditional publisher or literary agent, then they will have some kind of rights to your books. Remember to always read publisher contracts. This differs from self-publishing, which allows the author to retain the rights (which often provides an opportunity for diversity). Hybrid publishing falls halfway between traditional publishing and self-publishing, and the content rights differ.

In Summary

If you are using the work of other people or publishing your own work, it’s crucial that you be aware of copyright compliance regulations and the conditions for determining fair use.

For comprehensive insights on copyright compliance and fair use, be sure to explore our in-depth blogs. Staying informed and conducting thorough due diligence is crucial to protect your content and avoid legal pitfalls.

Our blog covers everything from essential copyright laws to best practices for using content ethically. Don’t leave your content strategy to chance—equip yourself with the knowledge you need to navigate the complexities of copyright. Head on to our blog and safeguard your creative assets today!