Written By: Liz Gray (IP Lawyer) & Spencer Faubert (Law Student)
Artificial intelligence (AI) is revolutionizing the way we create, share, and manage content. As AI technologies advance, they are also transforming the landscape of copyright enforcement and protection. From automated copyright claims to AI-generated content, understanding how to navigate copyright issues has become more crucial than ever for companies using social media.
Here are 5 essential tips to help you avoid copyright trouble in the age of AI takedowns and ensure that your content remains on the right side of the law.
1. Create Original Content and Secure a License
Why It Matters:
AI tools have made it easier for content creators and copyright holders to detect unauthorized use of their work. To avoid copyright claims, it’s good practice to create original content and secure proper licenses for any third-party materials you use.
2. Be Aware of Your Jurisdiction’s Copyright Laws
Why It Matters:
Copyright laws can vary significantly between jurisdictions. Being aware of the specific laws and regulations in your country can help you navigate the complexities of copyright and avoid legal issues.
What You Need to Do:
- Consult a Lawyer: Engage with a copyright attorney who can guide you on the legal requirements in your jurisdiction and help you stay compliant.
Example: In Canada, copyright law is governed by the Copyright Act, while in the US, it is governed by the Copyright Act of 1976. What constitutes copyright infringement can differ between these two countries.
3. Use Public Domain Material or Pay for Content
Why It Matters:
Public domain materials are free from copyright restrictions, making them a safe option for content creation. Alternatively, you can purchase content from licensed sources to avoid copyright infringement.
Example: Websites like Pixabay® and Unsplash® offer high-quality public domain images, while platforms like Shutterstock® and Getty Images® provide licensed content for purchase.
4. Understand Fair Dealing in Canada vs. Fair Use in the US
Why It Matters:
Fair Dealing and Fair Use are two distinct legal doctrines that govern how copyrighted material can be used without permission. Understanding these differences is crucial for complying with copyright laws.
What You Need to Know:
- Fair Dealing in Canada: You may use other people’s material without permission in limited cases that consist of research, private studies, education, parodies, or satires.
- Fair Use in the US: You may use other people’s material without permission in broader contexts including, commentaries, parodies, or scholarly reports.
In both cases your use must be fair. Fair use can mean works that have a charitable or educational purpose, are of no detriment to the original, and are in the public interest. It is important to look at each use carefully and make sure you understand your jurisdiction’s requirements.
5. Document Everything
Why It Matters:
Keeping thorough records of your content creation processes and licensing agreements is essential for proving that you have the right to use third-party materials.
Example: If you purchase a license for an image, save the purchase receipt and the license agreement for your records.
For more information about how to safely navigate these issues, contact our experts at BRION RAFFOUL LLP
