Avoiding Copyright Infringement in Your Veterinary Practice
By Michael Salchert and Alison Jarzyna, Attorneys at Larkin Hoffman
In the digital age, the ease of accessing and sharing content online has led to an increase in copyright infringement cases. Recently, an MVMA member veterinarian reached out to our firm, as a Supporting Member of MVMA, for a free consultation regarding a copyright infringement claim. The story below highlights the importance of understanding copyright laws and the potential liabilities that come with using online content.
The veterinarian was accused in a letter from an attorney of violating the copyright of the attorney’s client—a photographer. The letter demanded that the photos, which were posted on the clinic’s social media and website, be immediately removed. Additionally, the attorney sought $30,000 in damages for the unauthorized use of the photos over the number of years of the veterinarian's infringement. This legal trap is set by attorneys who make money trolling the web for infringements of uploaded client copyrighted material. It’s a common mistake that can cost thousands of dollars to settle.
During the consultation, the veterinarian explained that he was unaware the photos were copyrighted. The photos had been downloaded from the web by one of his staff a number of years previously and then provided to the company managing their social media and website. The company uploaded the photographs to the veterinarian’s website and social media pages without checking for copyright infringement.
The veterinarian assumed that the company would protect him from any liability for content on the web. However, the company’s contract explicitly disclaimed any responsibility for photos provided by the client that might be copyrighted. This left the veterinarian solely responsible for the infringement.
The veterinarian did not realize that photos on the internet might have copyright marks, even if they were not immediately visible, nor did he contemplate that his staff might download copyrighted material. However, the inadvertent and innocent use of the photos on their website and social media accounts violated copyright law and exposed the veterinarian to a claim for substantial damages for the unlicensed use.
Having dealt with similar matters before, we advised the veterinarian to check with their insurance provider for coverage. Fortunately, the veterinarian's insurance policy did cover such claims, and the insurance company’s attorneys were able to settle with the photographer’s attorney. If the veterinarian’s insurance had not covered the claim, we would have negotiated a settlement with the attorney for the photographer, likely for much less than $30,000 but still thousands of dollars.
Copyright Basics
Understanding the basics of copyright law can help protect your business from accidental infringement. Here’s what you need to know:
What Is Copyright?
Copyright is a collection of exclusive rights that gives creators the legal right to control how their original work is used. To qualify for copyright protection, a work must be:
- Original (not copied from something else)
- Fixed in a tangible form (written down, recorded, posted digitally, recorded on film)
Copyright protects works including books and written content (including software), music and lyrics, choreography, artwork, graphics, photos, video and audio recordings, and building designs.
Ideas, processes, concepts, titles, slogans, and lists of data or information usually aren’t protectable. But how you arrange or present them—like on a website—might be.
What Can a Copyright Owner Do?
A copyright owner has the exclusive right to:
- License or Share the work
- Copy the work
- Display it publicly
- Perform it publicly
- Create new works based on it – what is known as a “derivative work”
What Is a “Work Made for Hire”?
This type of copyright ownership applies when:
- An employee creates something as part of their job—the employer owns the copyright.
- A business hires someone (like a photographer or writer) to create something.
Tip: If your business hires outside help to create content, make sure your agreement with the contractor includes “work made for hire” language.
How Do You Protect Your Work?
You automatically own the copyright to your original work. But it’s always smart to include a copyright notice like:
© [Your Name or Company] [Year]
This tells others that your work is protected and who owns it.
What Is Copyright Infringement?
Under the United States Copyright Act, anyone who violates the exclusive rights of a copyright owner is infringing that copyright. Copyright owners can require the infringer to stop the unauthorized use in the following ways:
- Reach out and ask the infringer to stop
- Seek compensation (including lost profits or unpaid license fees)
- Sue in court
If the copyright is unregistered, the copyright owner may only be entitled to lost profits or unpaid fees. However, if the copyright is registered with the U.S. Copyright Office, the copyright owner may seek statutory damages, including reasonable attorney’s fees, that are potentially much higher than lost profits.
Tip: If you receive a letter alleging copyright infringement, don’t ignore it. Seek legal counsel. MVMA members can contact Larkin Hoffman for a free legal consultation.
Seeking Permission to Use Copyrighted Material
If you want to use a photo, song, or video on your website or social media, or play music in your clinic, you will need permission from the copyright owner—a license. This is the best way to avoid potential copyright infringement.
To obtain permission:
- Find out who owns the copyright.
- Contact the owner and ask for a license to use the content.
- Make sure the license covers your intended use, including the duration of use, location, and format of the use.
- Pay any required fees. These fees will likely vary depending on how you will be using the work, and for how long, and can often be negotiated.
You can also find free-to-use content such as photographs, recordings, and other media via open-source platforms like Creative Commons, Openverse, and the Public Domain Image Archive. These sites offer licensed media you can share and use depending on the terms of the specific license.
For more information about these databases, check out the following:
Tip: always double-check the license, and give credit to the creator when required.
Lessons Learned
This case serves as a cautionary tale for all professionals who use online content. It is crucial to understand that not all content available on the internet is free to use, Here are some key takeaways:
Verify Copyrights: Always verify the copyright status of content before using it— even if it was listed as in the public domain or on an open access website such as Creative Commons or Wikimedia. This can prevent potential legal issues and financial liabilities. You are responsible for ensuring that an image is properly licensed.
Review Contracts: Ensure that contracts with third-party content management companies clearly outline responsibilities regarding copyrighted material.
Insurance Coverage: Check if your insurance policy covers copyright infringement claims. This can provide a safety net in case of legal disputes.
Education and Training: Educate your staff about copyright laws and the importance of using licensed or original content.
Protect your Own Original Content: Any original content created on behalf of your staff is copyright protected. Add proper copyright notation to your content including websites, images, videos, promotional material, or other documents. You also may want to consider registration with the U.S. Copyright Office.
Larkin Hoffman is committed to supporting MVMA members by providing valuable resources and consultations on legal matters.
Michael Salchert
[email protected]
952-896-6712
Alison Jarzyna
[email protected]
952-896-3392
Larkin Hoffman in an MVMA Supporting Member. As a benefit to MVMA members, they offer free 30-minute consultations on legal questions. Learn more.
