COPYRIGHT
the right to re-use, store and share content across an organisation. Free online content downloads may still be restricted from re-use for commercial purposes. T e fi nding reveals an especially troublesome source of potential risk because of the managerial impact executives have on the workers they supervise.
Some organisations have adopted programmes to educate and guide their employees on copyright compliance. But for those companies where a copyright policy exists, awareness among employees tends to vary considerably.
“US LAW PROVIDES FOR BOTH ACTUAL AND STATUTORY DAMAGES FOR THE UNAUTHORISED COPYING AND USE OF COPYRIGHTED MATERIAL, WHETHER INTENTIONAL OR NOT.”
T e Outsell study found that only 44 percent of respondents were even aware of their own organisation’s copyright policy. Of the rest, 32 percent were aware but not certain of the details, and a further 24 percent were either unaware of a policy, or said that such a policy did not exist.
Clearly, the wide diff erences in awareness at all levels can lead to sharing habits which, if leſt unchecked, will expose companies to legal risk.
Assessing the risk T e potential consequences of
copyright
violation might include damage to the organisation’s reputation and even to a loss of shareholder confi dence. Yet signifi cant fi nancial consequences may also result if the organisation becomes the target of a lawsuit.
For instance, US law provides for both actual and statutory damages for the unauthorised copying and use of copyrighted material, whether intentional or not. Courts there can award up to $150,000 in statutory damages per infringement if a violation is found to have been committed knowingly.
More importantly, risking copyright violation amounts to a weak link in a company’s compliance chain and is a liability undermining other corporate compliance measures, public transparency and corporate social responsibility initiatives. Companies with
valuable IP—
agreed, or partly agreed, that if they could access content online for free, then it would be fi ne to share it without the permission of the copyright holder. T is perspective was not limited to junior or mid-level employees. T e Outsell survey also found that 68 percent of executives believed it is fi ne to share information they access in print or on the web for free, and that it is okay to share company-purchased content with others inside their organisations.
Not many of the respondents knew that there might be risks and limits associated with sharing that content, but in fact, subscriptions and article purchases do not automatically include
www.trademarksandbrandsonline.com
especially in competitive or highly-regulated industries—would be well served by respecting the IP of others as a demonstration of good corporate governance.
Compliance simplifi ed
Finding and sharing business-relevant, third- party content is not hard: today’s technology has made it easy to do. Yet making sure that the content is being shared lawfully by employees can be an expensive and time-consuming exercise.
Subscriptions will likely provide basic usage rights. But the right to share the material with others, whether via hard copy prints or through
Kate Alzapiedi is responsible for copyright licensing solutions across Europe. RightsDirect provides simple, cost-effective ways to help employees share content responsibly across national borders. Visit her at INTA booth 543 or email her.
electronic distribution such as email, may require additional permission, each having its own set of limitations and fees. Acquiring those permissions from one publisher at a time and paying for each separately can be quite daunting, especially for multinational organisations.
Purchasing an annual repertory licence, which is a collective licence that can cover millions of titles from thousands of publishers, is one solution. It simplifi es the licensing of content and helps ‘knowledge’ workers use and share copyrighted materials inside their organisations without having to seek permission from multiple individuals.
For sharing copyrighted materials legally across borders, a multinational version of this licence provides workers with the right to copy and use a broad range of content in the ways that have become a natural part of their daily work lives. Once in place, a multinational copyright licence covers millions of publications from thousands of publishers, ensuring that the organisation is operating in a compliant manner and demonstrating respect for copyright while the licence is in force.
Kate Alzapiedi is business development director at RightsDirect. She can be contacted at:
kalzapiedi@rightsdirect.com
T e source for the Outsell survey is: Copyright
Clearance Center Information Consumption and Use Survey 2013, Copyright 2013 Outsell, Inc.
http://www.outsellinc.com
Trademarks & Brands Online
Volume 3, Issue 2
37
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60