{"id":365,"date":"2022-09-17T14:26:48","date_gmt":"2022-09-17T13:26:48","guid":{"rendered":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/?p=365"},"modified":"2022-09-17T14:40:19","modified_gmt":"2022-09-17T13:40:19","slug":"choppy-waters-copyright-infringement-claims-in-a-time-of-economic-hardship","status":"publish","type":"post","link":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/choppy-waters-copyright-infringement-claims-in-a-time-of-economic-hardship\/","title":{"rendered":"Choppy Waters? Copyright infringement claims in a time of economic hardship:"},"content":{"rendered":"<p>Hi all,<\/p>\n<p>I hope everyone is well and has been making the most of our summer sunshine!<\/p>\n<p>I\u2019m sure everyone is looking forward to the start of the new academic year and to welcoming our students back to campus. It\u2019s one of the best times in the University calendar, marking the start of an exciting new journey for many and, I hope, an eagerly awaited return from a well-earned break for others.<\/p>\n<p>Without wishing to take away from what is otherwise a wonderful occasion, I\u2019m sure many of you cannot have failed to notice how this will be taking place against a backdrop of increasingly unhappy news about the global economic outlook.<\/p>\n<p>Suffice to say, it\u2019s been a bit grim. No one is quite yet sure exactly what will happen, but there is already talk of recession and those of us with memories of 2008 will no doubt be asking ourselves \u201chaven\u2019t we been here before?!\u201d.<\/p>\n<p>At this point, you might also be thinking, \u201cwhat\u2019s any of this got to do with copyright?\u201d Well, it\u2019s a very good question and the answer is that it\u2019s to do with building awareness; specifically, awareness around copyright infringement and how economic turbulence can incentivise a more proactive approach to the protection of creative works. It\u2019s also about offering advice on how to navigate these choppy waters so you can continue to create with confidence. Forewarned is forearmed!<\/p>\n<h2><strong>The issue:<\/strong><\/h2>\n<p><a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know#what-does-copyright-protect-\">Creative works<\/a> such as books, photographs, music and film are all protected by copyright automatically when written down, recorded or saved. These protections provide the copyright owner the right to decide what you, as a user, are allowed to do with the protected materials. Crucially, this system provides the copyright owner with means to protect the monetary value in their created works.<\/p>\n<p>It follows that in times of economic hardship, when money becomes tight, the incentive for copyright owners to ensure that their commercial interests are defended and enforced becomes even greater. This could mean we start to see attempts by copyright owners to enforce their rights increase.<\/p>\n<h2><strong>What\u2019s the risk?<\/strong><\/h2>\n<p>If you copy or share someone else\u2019s copyright works without their permission (in the form of a licence) and your activity is not covered by a <a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know#copyright-exceptions\">copyright exception<\/a>, you&#8217;ll infringe their copyright.<\/p>\n<p>Though it is far from guaranteed that every case of infringement will be discovered and acted upon, by using a protected work without permission or, when relying on exceptions to copyright, in a way that is not defensible as <a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know#fair-dealing\">fair dealing<\/a>, you run the <a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know#copyright-risk\">risk<\/a> of action being taken against you, and or the university*.<\/p>\n<h2><strong>\u201cWhat do I do if someone contacts me about infringement?\u201d<\/strong><\/h2>\n<p>If you infringe someone else\u2019s copyright, both you and the University may be liable in the event of legal action. This is the case even if you didn\u2019t realise that what you had done was an infringement of copyright.<\/p>\n<p>Legal action itself is perhaps the most extreme course of action that a copyright owner may take, and it is more likely that other measures may be pursued first \u2013 among the most common of which are \u201cTake Down Notices\u201d. The University has a robust process in place designed to handle requests of this nature, the details of which can be found <a href=\"https:\/\/www.kent.ac.uk\/governance\/downloads\/policies-procedures\/Take%20Down%20Policy.pdf\">here<\/a>.<\/p>\n<p>If you are contacted by someone claiming to be the copyright owner of a work, or a representative\/agent acting on their behalf, asking for money or for the University to take action, contact <a href=\"mailto:copyright@kent.ac.uk\">copyright@kent.ac.uk<\/a> for support. Sometimes claims may be made frivolously, so there\u2019s no need to panic just because you&#8217;ve been contacted by a rights holder, but you should act quickly to minimise any financial and reputational risk.<\/p>\n<h2><strong>\u201cThat still sounds stressful! How can I avoid that?\u201d:<\/strong><\/h2>\n<p>Perhaps the best thing you can do to avoid the aggravation caused by an infringement claim, frivolous or otherwise, is to be informed. The University\u2019s <a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know\">guidance on copyright<\/a> is a great place to start. Within the guidance is plenty of advice on how to act responsibly and legally when it comes to copyright and if you are ever unsure, the copyright support team at Kent is always ready to help with any questions you might have.<\/p>\n<h2><strong>Helpful tips and things to bear in mind:<\/strong><\/h2>\n<ul>\n<li>The University has lots and lots of really helpful guidance on copyright including some specifically tailored to <a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know\/copyright-for-students\">students<\/a> and <a href=\"https:\/\/www.kent.ac.uk\/guides\/copyright-what-you-need-to-know\/copyright-for-researchers\">researchers<\/a> and well as resource suggestions for <a href=\"https:\/\/livekentac-my.sharepoint.com\/personal\/cs979_kent_ac_uk\/Documents\/Copyright\/Copyright%20guidance%20and%20blog%20entries\/Copyright%20infringement%20claims%20and%20economic%20downturn%20-%20blogpost%20-%2030-08-2022.docx\">finding and sharing content online<\/a>.<\/li>\n<li>Seek to act fairly when making use of copyright protected works and be aware of risk \u2013 if you need help making an assessment on if a use is fair or what risks might be involved, contact <a href=\"mailto:copyright@kent.ac.uk\">copyright@kent.ac.uk<\/a><\/li>\n<li>If you are contacted by someone claiming an infringement of their copyright, don\u2019t panic but do make sure to reach out for advice quickly.<\/li>\n<li>Remember, the copyright team at Kent is always here to support you!<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>*There is also an element of risk involved when using a protected work under an exception to copyright \u2013 more information about this can be found within the guidance linked above.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Hi all, I hope everyone is well and has been making the most of our summer sunshine! I\u2019m sure everyone is looking forward to the &hellip; <a href=\"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/choppy-waters-copyright-infringement-claims-in-a-time-of-economic-hardship\/\">Read&nbsp;more<\/a><\/p>\n","protected":false},"author":78529,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[150219],"tags":[150222,150205,150221,150223],"_links":{"self":[{"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/posts\/365"}],"collection":[{"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/users\/78529"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/comments?post=365"}],"version-history":[{"count":2,"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/posts\/365\/revisions"}],"predecessor-version":[{"id":369,"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/posts\/365\/revisions\/369"}],"wp:attachment":[{"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/media?parent=365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/categories?post=365"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/copyrightliteracykent\/wp-json\/wp\/v2\/tags?post=365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}