Are clients stealing your work?

When Corporate America cuts budgets, staff start using what they have. A little too much creativity can result in your work being used in ways that you didn’t anticipate. Some legal folks call that copyright violation; some HR pros argue fair usage.

Problem: the answer isn’t always clear cut. Doug Isenberg, founder of The GigaLaw firm provides these great benchmarks:

  • Amount that is used.  The more work that is yours, the less likely the use is fair.  That means copying your entire handout is a no-no.
  • Prupose of the use.  Commercial uses face more scrutiny.  This is the greyest area.  If you presented a workshop, using that information internally could be argued as fair use.  Selling it to someone else is not.
  • Nature of the work.  The more factual the work, the more others can use it.  In other words, facts are in the public domain.  Your interpretation and insights are not.

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