0920_September Comstock's Magazine September 2020 | Page 21

• A licensed graphic that’s lifted from
the web to dress up a social media
post or event promotion..
• A trademarked brand slogan that’s
used to promote a seminar.
• A handful of images that are copied
and sprinkled through a presentation
deck or blog.
Maybe the economic climate is
prompting professionals to cut corners,
but I think it’s more a case of simple
ignorance. A possible rationalization
is that art theft is a benign act with no
victims or risk, maybe that it’s promotional
for the assets’ owners. But there
are arguments to the contrary about
stealing others’ work.
It stunts the creative economy
In my snob argument, our society is
better with a robust market for music,
books, movies and visual arts. When
the value of these is diminished via
theft, opportunities for artists are eroded.
It’s tempting to think, “Hey, Disney
can afford to share.” But further down
the food chain, Disney and other megabrands
in the creative universe give
work to writers, artists and musicians.
Stealing creative work hurts them.
It is illegal and exposes you
financially
Take the case of The Content Factory, a
digital marketing agency that was sued
for “borrowing” a photo of Omaha, Nebraska,
to use in a client’s blog. Though
the infraction was ultimately settled for
$3,000, the company could have saved
95 percent of that sum, plus much
anxiety, by paying an appropriate fee
upfront to use the image. My business
probably gets called once or twice a
year to prove that we properly secured
rights to an image, audio track or video
clip. Any of those could have been a
financial catastrophe. Especially now,
with the ubiquitous and viral nature of
the internet, there’s a chance someone
will come after you for lifting their
work. You do not want it to be Disney.
It taints your brand
When I sit through a business presentation
peppered with obviously pilfered
artwork, I cringe for the presenter, partly
because the art distracts from the messaging
with its cacophony of styles and
subjects, but also because it’s stealing.
Presuming to educate peers and
prospects with someone else’s content
undermines the essential brand premise
of expertise and integrity. And when
it’s done by someone in the education
sector, I cringe harder, as the theft sets
a poor example for an audience seeking
to learn.
There are options for adding creative appeal
to your work without stealing.
Create your own
This is my favorite avenue. Even a simple
collection of self-drawn stick figures or a
shaky in-house video clip can add charm
and elevate meaning in a presentation or
social post.
Check the public domain
When copyright expires or is voluntarily
surrendered, work enters the public
domain and becomes available for all.
Exclusive rights are nonexistent, and no
permission is needed. You just need to
do some research to find what you need,
starting here:
• Wikimedia Commons is one of the
largest public domain resources for
free photographs.
• Unsplash is a collective of photographers
offering high-resolution images
for free.
• Magdeleine is another high-quality
resource for free photography.
• YouTube Audio Library offers free
music and sound effects. Search
by genre, mood or instrument and
download as an MP3 file.
Use stock
When the asset you need is more specific,
it may be worth paying for commercial
stock. The most affordable are royaltyfree
images, which typically means that
you pay one fee and can use the work as
often as needed under licensing terms.
For a small fee, you can safely use professional
work to jazz up your newsletter or
blog from these sources:
• iStock is a popular resource for images
and video.
• Shutterstock is a database of images,
clip art, music and video.
• Pixabay has thousands of video clips,
images, clip art and music.
• Vecteezy has clip art with cohesive
themes.
Ask permission
Sometimes, especially online, a creator
will grant you permission to use their
work in exchange for a backlink, a credit
or a modest fee. Or a publication might
give permission to copy and distribute
an article in the context of an educational
seminar. It never hurts to ask.
Copyright laws can, I admit, go a little
overboard. In 2016, Warner Chappell
Music paid $14 million to end a lawsuit
challenging its hold on the well-known
ditty, “Happy Birthday to You.” With the
song now free for public use, restaurant
servers no longer have to sing their weird
alternative versions to embarrass celebrating
diners.
Small businesses should be more
aware of casual copyright infringement.
The creative economy, the business
community and your own brand will
all benefit from holding one another
accountable to a higher standard in communications.
Lila Wallrich is CEO and creative director
for Wallrich Creative Communications,
a Sacramento-based consulting firm that
provides branding, marketing, advertising
and interactive services for clients.
Sheila Lamb Carroll, the CEO and
principal attorney for Carroll & Associates,
contributed to this column. Carroll
& Associates is a Northern California
corporation with expertise in transactions,
litigation, employment and intellectual
property law.
September 2020 | comstocksmag.com 21