Marketing & Copyright; What Every Company Needs to Know
Liz Ordoñez
www.lizfotoz.com

In today’s marketplace we have literally, hundreds of avenues to market our goods and services; print media, videos, CD ROM, web, film, etc. Undoubtedly, a key aspect of successful branding is compelling and memorable imagery aimed at capturing the attention of your target market. Since the majority (if not all) of our marketing efforts utilize images and graphic designs, basic knowledge of Copyright Law can help you avoid potential liability and secure the value of your marketing dollars. Graphic designs and photography are the types of work most used to promote and advertise your products and services. The use is commercial in nature for the purpose of direct profit (i.e. magazine ad, porst card) or indirect profit (i.e. award entry or editorial submission).


Legally defined  (from the U.S. Library of Congress Copyright web site)

“Copyright is protection provided by United States Law to the authors of “original works of authorship” including graphic designs, photographic, literary, dramatic, musical, artistic, and other intellectual works.
The 1976 Copyright Act gives the creator of the design or photograph the exclusive right to do and to authorize others to do the following:
· reproduce the work in copies of any type
· prepare derivative works based upon the original work;
· distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
· display the work publicly by any medium”

In its simplest form, the Copyright Act states that if you did not create the graphic design or take the picture and you want to use it, you must obtain permission from the creator.

Controlling the right to reproduce the work is a primary right issued by this Act. This right is an intangible asset with monetary value and it is given so creators can profit from their work and thus be motivated to create more. Except when working as an employee, the Act states that graphic designers and photographers are the copyright owners of their work. This right is automatically earned the moment a person fixes his or her expression in a tangible form, such as creating the latent image on film or a digital capture. It lasts until 50 years after the author dies. Before using a graphic design or an image, the burden of finding out who owns the copyright and obtaining a license to use, falls solely on the user.

Why is this important?
Section 504 of the Copyright Law gives 150,000 great reasons! It is illegal for anyone to violate any of the rights defined in the copyright law. Having physical possession of a design or image does NOT grant permission to use, reproduce or distribute the art. Ignoring this right can be very costly. If discovered, the violator is liable for 1). Actual damages and any additional profit received from the use of the artwork.  2). Statutory damages, which at the courts discretion can go up to $150,000.
This is why it’s very important that the person wishing to use the artwork get the proper licensing from the original creator.  This should be done in writing, which defines the exact use of the artwork and any fees involved.  It is important to remember that even after an agreement is reached, the creator still owns the copyright of the original artwork. He / she has merely given permission to use the artwork under the terms negotiated.

Your Company's Value
As most of us have experienced, establishing and maintaining a strong presence in the minds of our customers requires more than hard work, overcoming challenges and providing superior products and services. To successfully convey your company's value, you must continually disseminate a unified and alluring message. This is achieved through an ongoing collaboration between your firm and the creators of distinct logos, notable imagery & persuasive slogans. Better understanding of Copyright facilitates this collaboration thus assuring a greater degree of success.

For more information about Copyright visit http://www.loc.gov/copyright/
or you can e-mail your questions to info@lizfotoz.com