Copyright and Fair Use: Learn how to toe the line in business communications without crossing it. This presentation will give you the basics on what you need to know about copyright and plagiarism when it comes to any business writing, including marketing communications, website and advertising copy, PowerPoint slides and proposals.

1. Plagiarism, Copyright & Fair Use
Toeing the Legal Line Without Crossing it in
Business Communications

2. What is Plagiarism?
• Essentially an academic issue
• Sometimes it’s an issue in news
reporting
• There is NO legal recourse for plagiarism
• A problem of credibility and image for the offender

3. Copyright Infringement
• Copyright has two main purposes: protect authors’
rights to obtain commercial benefit from work, and
protect authors’ rights to control how and their works
are used.
• It’s a problem for ALL communicators, especially in
for-profit business applications.
• Infringement is punishable under federal law.
• Commercial copyright violation involving more than
10 copies and value over $2500 is a felony.

4. What has Copyright Protection?
• Most nations follow the Berne copyright convention.
In the U.S., almost everything created privately and
originated after April 1, 1989 is copyrighted whether
it has a notice or not.
• Photos and art designs are protected.
• Web pages and blogs are protected.
• PowerPoint slides, plans, proposals are protected.
• E-mail is protected.

5. What is Not Protected?
The U.S. Copyright Act states:
“In no case does copyright
protection… extend to any idea,
procedure, process, system,
method of operation, concept,
principle, or discovery,
regardless of the form in which
it is described, explained,
illustrated, or embodied …”

6. Ideas are NOT Protected
• Dan Brown gets sued for The DaVinci Code
• Daughter of God (and DaVinci Legacy )
• Claim: Female spirituality cover-up concept by
Catholic church
• Ruling: Ideas and general literary themes
themselves are unprotectible ... – U.S. District
Judge George B. Daniels 8/5/2005

7. What is Fair Use?
• It’s an exemption to copyright law
created to allow commentary,
parody, news reporting, research
and education (non-profit use)
about copyrighted works without
the creator’s permission.
• Fair Use almost never applies to
work used in for-profit commercial
applications.

8. What is Creative Commons?
• Creative Commons licenses allow creators to dictate
how others may use their work, make derivative
works or adaptations, distribute their work and/or
make money from their work.
• CC licenses do not affect trademarks or patents. CC
licenses are non-exclusive.
• http://creativecommons.org

9. There’s nothing l can use! (Not true)
All of these things are available to you:
• Facts and ideas
• Information accepted as common knowledge
• Materials now in the public domain
• Materials granted public domain by the creator
• Slogans, titles, and simple phrases
• Works by U.S. government (exemption does not
apply to state, local, or foreign governments)

10. Avoiding Infringement
• Using work and giving attribution without prior
permission is STILL infringement.
• Get permission – then give credit
• Rewrite it – then give credit anyway
• Don’t use anything verbatim – then give
credit anyway
• Don’t use long passages
• Check info against more than one source

11. Disclaimer: Read This!
This presentation does not constitute legal
advice regarding copyright infringement and
should not be used as such. It is a simple
overview for informative purposes. If you
have questions about copyright infringement,
seek the counsel of an attorney.
Are we clear? Good.

12. About Schubert b2b
Schubert B2B is a nationally
recognized B2B marketing
agency located in
Downingtown, Pa., near
Philadelphia. Building B2B
brand leaders is our singular
mission, and has been for 35
years.
www.schubertb2b.com

13. Questions?!
Feel free to contact us:
610.269.2100
schubertb2b.com
Twitter @schubertb2b!