How to Avoid Infringement

The owner should use reasonable means to indicate to others its copyright. The good way to do it is to display a copyright symbol © followed by the date of creation and the owner’s name on each piece of the displayed work. This notice informs the public that the work is protected by copyright, shows when it was first created, identifies the copyright owner, and defeats the defense of innocent infringement.

The best practice is to give credit to the copyright owner when using any part of its material. Not only it will help to avoid claims of infringement, it will also show the user’s customers, clients, and the general public that they are dealing with an honest person.

Also keep in mind that there are certain exceptions to the copyright infringement.

  • “First Sale” doctrine – an owner of a particular copy of the work can sell or dispose that copy without the copyrights owner’s permission (e.g. a person who bought one book or disc, can later resell that same book or disc without being considered an infringer)
  • “Fair Use” doctrine - the copyrighted work of others is not infringed upon if it is used for fair purpose. More on the “Fair Use” doctrine can be found in my previous article.

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