Are You Stealing Without Knowing It? Copyright Risks in Marketing

🚨 Did you know that using the wrong image, song, or video clip in your marketing could land you in a lawsuit? 🚨

Copyright infringement doesn’t just happen to big corporations—it’s a major risk for small businesses too. Today, I’ll walk you through how to stay safe.

This applies if you create your own marketing content or if you have your internal marketing department or hire a marketing service to do it for you. If you use the wrong thing, YOU’RE going to be the one in trouble. (I’ll have another post later on protecting yourself from someone else’s mistake.)

Understanding Copyright in Marketing

  1. Copyright protects creative works—images, videos, music, written content, etc.
  2. Just because something is on Google or social media doesn’t mean it’s free to use.
  3. Think about this: If you took professional photos for your website, would you want someone else using them for free and without your permission? Copyright law protects against that kind of unfair use.

Common Marketing Mistakes That Lead to Copyright Infringement

  1. Using stock images without a proper license – that’s a commercial license, NOT a personal license.
  2. Pulling content from Google or social media without checking usage rights.
  3. Adding popular music to promotional videos (see my post on the copyright perils of using a personal social media account for business, especially with music).
  4. Copy-pasting articles or social media posts without permission.

Example: A client came to me because she’d received a $2,500 demand letter from the large international company who owned the copyright to a photo she had copied from a website of one of her clients to use for her own marketing. Her client had given her permission to do that, but what she didn’t know was that

  1. regardless of whether her client had proper rights to use the photo, those rights didn’t extend to her, and
  2. she needed to think about rights in the first place.

How to Stay Safe & Avoid Copyright Lawsuits

Use royalty-free or properly licensed content (Unsplash, Pexels, or pay for a COMMERCIAL license on paid stock sites).
Read terms of use—even free resources have rules.
Get explicit permission when using someone else’s content.
Use original content—hire designers, create unique videos, or write your own copy.

Quick Tip: If you see an image you love but aren’t sure if you can use it, reach out to the creator. The right license may be more affordable than you think.

To recap:

  • Don’t grab images or music from the internet assuming they’re free.
  • Always check license terms, and
  • Create original content when possible.

💡 If you’re not sure whether your marketing is legally safe, don’t guess—ask!

I help businesses avoid costly IP mistakes. Schedule a quick consultation, and let’s make sure you’re in the clear!

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Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
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This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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