For some businesses, using or exploiting copyrighted works, sound recordings, broadcasts, or performances can be a significant part of their daily operations. This is particularly true for broadcasting companies, publishers, libraries, stores, or nightclubs. For other businesses, it may simply involve occasional tools used to enhance the quality of their publications, websites, and other marketing tools. Some companies may determine their use of copyrighted works through the use of their computer programs. In all of these cases, here are considerations to keep in mind:
Do You Need a License? Perhaps the most crucial aspect for a business using or dealing with copyrighted works or related rights is to determine whether those activities require a license or transfer of rights. In general, any act involving the commercial use or exploitation of rights must involve a license or rights transfer from the rights owner. Such acts range from using a famous song in a TV advertisement to selling and distributing CD and DVD discs and using software on your company’s computers. When a license is necessary, you must ascertain which rights are managed by collective management organizations or whether they are directly managed by the authors or producers and negotiate the license before using or exploiting the work. Please note that copyright infringement cases can be costly, so thinking about these issues beforehand is wise. You may also seek legal advice on the terms of the license agreement before signing it.
Products like packaged software often come with a license upon purchase. The terms and conditions of the license are typically provided with the software package and may be returned if you do not agree with the related terms and conditions.
Is There a Collective Rights Management Organization? Collective rights management organizations significantly simplify the process of obtaining licenses for various works. In addition to direct dealings with individual authors and owners, collective management organizations offer users the benefit of consolidated fee structures and negotiable terms of use that can be obtained quickly and efficiently. Establishing “one-stop service centers” in recent years to combine various rights management centers for quick and easy licensing is seen as a valuable development for multimedia products requiring multiple permissions. Collaborating with collective management organizations whenever possible can save you both time and money. For details on relevant collective organizations in your country, you can contact your national copyright management authority.
Can I Use Works Freely Published on the Internet? There is a common misconception that works published on the Internet belong to the public domain and can be used freely by anyone without the owner’s permission. Any copyrighted works and related rights, from music compositions to multimedia works, articles, and visual works that are still within their copyright term, are still protected regardless of whether they are published on paper or other media, including the Internet. Generally, you should seek permission from the rights holder in each case before use. Similarly, permission to use is necessary if your business engages in publishing and creates copyrighted works, sound recordings, broadcasts, or performances protected by copyright, which are provided through your website.
