Err on the Safe Side

There aren’t many rules that can be applied broadly when it comes to copyright enforcement. Every copyright holder and infringement case is different—and to make matters more complicated, the rules are still evolving. Very little is stable or decided in terms of legality, technology, and the social sphere. The best thing anyone can do is take an honest look at his specific situation and decide on a strategy that best serves his needs.

At the end of the day, your safest course of action, particularly if you have any doubt, is to remember the following: Do not copy a work for which others own the copyright unless you have permission. Instead of risking your reputation (or even your job), use clip art, software libraries, and other sources of materials that are sold for the purpose of being copied. Keep in mind, however, that even these have limits (e.g., a CD of clip art may be used in printed works, but the license may forbid digital distribution).

And, if all else fails, why not create a new work altogether? The world needs more expressions of ideas in all artistic forms in all media. You can produce something yourself or hire someone else to do it—knowing with confidence that when the shoe is on the other foot, federal laws will protect your work from copyright pirates, too.

This chapter’s discussion reminds me of the application of the Hippocratic Oath in the medical profession, which states, primum non nocere: “To not knowingly do harm.” None of us can promise ...

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