Not Public Domain: Email & Online Copyright

Business email communications and online images are not public domain!

A quick reminder… Even though the Internet/Web is publicly accessible, contrary to the widespread assumption, it is not a “public domain” environment.

public domain

noun: public domain; plural noun: public domains
The state of belonging or being available to the public as a whole, and therefore not subject to copyright.

Over the years, I’ve had many clients who have tried using photos and text from other websites. They assumed the “public domain” and found out the hard way.

Some were fined for using photos they didn’t have permission to use and had to cough up pretty hefty fees. Some were even shut down when the copyright holders filed a formal DMCA complaint with their hosting company.

The same applies to email.

Online Copyright Ignorance is Not Bliss

When it comes to email and online content, there are several copyright concerns to be aware of:

Reproducing or sharing copyrighted material: It is illegal to reproduce or share copyrighted material without the owner’s permission. This includes images, videos, music, and written content. Always obtain permission from the copyright owner before using their material.
Forwarding emails without permission: You should not forward emails that contain copyrighted material without the owner’s permission. This includes emails that contain images, videos, music, or written content that may be protected by copyright.
Plagiarism: Plagiarism is using someone else’s work or ideas without giving them proper credit. It is illegal and unethical. Always credit the original author or creator of content when using their work.
Fair use: A legal doctrine that allows limited use of copyrighted material without permission from the owner. However, fair use is subjective and depends on several factors, such as the purpose, the nature of the work, the amount used, and the effect on the market for the original work. It is important to understand the Fair Use doctrine and consult a legal professional if you are unsure whether your use of copyrighted material falls under fair use.
Creative Commons licenses allow creators to share their work under specific conditions. Always check the license of any content you want to use and follow the license terms.

Bloggers Beware

With Blogging being so popular and a way to vent opinions, many think they can post emails sent to them privately on their sites. Newbie bloggers also copy articles, blog posts, or images and copy and paste them into their Blog posts because they can.

Say it out loud: Just because you can doesn’t mean you do!

If you want to use another person’s creative work, whether an email, graphic, or blog post, you must ask permission first. Copyright is in place upon the creation of that text or image. As an example, this post is copyright-protected because I am the author/creator. The moment I created it, it became my copyright-protected collateral.

If you email me, my response is protected by copyright. Just because I replied to you doesn’t provide tacit permission to repost my reply publicly without my consent.

The Process Matters

There is a standard and customary process for using collateral created by someone else. It’s called asking first.

You must contact the author/creator and tell them you would like to use their work and where and how you will use it. That last part is essential. The copyright holder may not want their work used in the manner or on your website or venue where you plan to do so.

TIP: When it comes to images or articles, mentioning that you plan to link to their website in return will increase your chances of getting approval.

I don’t mind if online users use my articles or the content of my websites, as long as they ask and give proper credit and a link to my website when they do.

Even if you give “credit,” with or without a link, you still have to ask for permission. What if the creator/author doesn’t want their content on your site? That is their choice.

Emails, Graphics, or Text — No Matter

Too many think the web is too vast for copyright holders to find those who break the rules. Believe that at your peril. That is a misnomer.

There are ways to track content and images. I discover swiped images and my content all the time. Then, I do not hesitate to file DMCA complaints with all their providers (Domain Registrar, CDN, Web Host).

In business, where credibility is essential, disseminating private emails is bad form, aside from the copyright issue. Beyond the lack of ethics and trust that forwarding or making public an email sent to you privately will imply, adding copyright infringement to the mix is not a good look.

The bottom line is that you do not use, post, forward, or copy anything created by someone else without their permission.

Always be aware of copyright laws and obtain permission before using or sharing copyrighted material. Check out my article on Online Copyright Myths for more info — and govern yourself accordingly.

Not Public Domain: Email & Online Copyright