by Meredith Lowry

I have been an intellectual property attorney for ten years, so I’m used to people asking me all sorts of questions about copyright.  I’m also used to non-attorneys expressing opinions that are a little different than what the copyright laws say.  This past weekend at AWBU was no different.

Let’s get one thing straight – the copyright laws in the United States allow the copyright owner to prevent anyone else from reproducing the copyrighted work, creating a derivative of the copyrighted work (think movies based upon books), distributing copies of the work, displaying the copyrighted work, or performing the work.  Copyrighted works can include artwork at Crystal Bridges, advertising photos of food on a package of chicken, and cover art for books.  Any photographs of these items or any other copyrighted work are potentially infringing of the copyright owner’s rights.

It is tempting as a blogger to take pictures to use for a blog.  Pictures make blogs prettier.  But there is a certain amount of risk in using pictures of anything that is copyright to use for a blog post.  This risk is greater if it’s a sponsored post or if you’re receiving advertising revenue for your blog.  The risk is even greater if you are using photographs that you didn’t take yourself.  When it’s a sponsored post, you’re not the only one at risk – you’re putting your sponsor on the line as well.

Am I saying stop using pictures you take?  No.  I want you to be aware of the risk.  Risk is a part of life and business.  With some authors, using a picture of the book jacket for a positive review of the book is a good thing.  But then there are some musicians that might request that the video of your kids decorating the Christmas tree be muted because their music is playing in the background.

Can you be sued for taking a photo of a copyrighted work?  Yes.  There’s that risk.  But there’s also a risk that I will end up with diabetes from the amount of sugar I ingest from my three soda-a-day addiction.  It’s a small risk, but it could happen.  I try to minimize that risk by running. As a blogger, try to be mindful of the copyright risk and minimize the risk.

There are a few steps you can take as a blogger to minimize risk.  Make a point to only use photos that you’ve taken or purchased from a reputable source.   Consider only using photographs that have an impact for your post.  Finally, limit the exposure of the shot to items that aren’t protected by copyright.

Meredith Lowry is an intellectual property attorney for Wright Lindsey Jennings, LLP.  In addition to her soda addiction, she has a rampant social media addiction.  She can be found at @meredithlowry on Twitter, @mklowry on Instagram and on Facebook.