IP Tech Knowledgy

It bears repeating.  And repeating. And repeating.  When using any creative work that is not your own, make sure you have permission to use it. Whether you want to use photographs, drawings, architectural plans, written words, software, branding, or inventions, or anything else, get permission of the rightsholder to use the material for the manner in which you want to use it. Even though in this Digital Age it is easy to find, copy, and use most anything, the law does not allow you to use someone else's creation without permission.  

There are some exceptions, all with limitations. Under copyright law, if the use is minimal enough, the Fair Use defense applies. Under trademark law, “nominative fair use” applies when you use a brand only in passing reference. Some websites grant a license to use its materials.  

In this day and age, there are people scouring the internet to find infringers, and they may not let up until you have paid them far more than you think is fair.  

Be certain you have a license, a defense, or a valid legal argument for using another’s materials. Remember this for yourself. Instruct your employees and set up systems to verify you have the proper rights to use what you use.  

Getting a license ahead of time is less expensive than paying damages later.

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com