Copyright misconceptions, governance, and compliance: Insights from Legal Geek

At this year’s Legal Geek conference, we proudly sponsored the event and engaged in enlightening discussions with attendees and fellow sponsors. The conversations underscored a pivotal theme: the transformative impact of GenAI and AI in the workplace, and how this is impacting the legal landscape.

Debunking Common Misconceptions 

During our talk, we addressed a pressing issue that resonates with many legal professionals, the often misunderstood realm of copyright. While it is standard practice to share and reuse published content in the workplace, the legal nuances are frequently overlooked. Our General Counsel, Serena Dederding, highlighted several misconceptions that can lead to unintentional copyright infringement: 

If content is published online, it’s free to share and reuse. Most published content used within an organisation, including press cuttings, online or print books, newspapers, magazines, research papers and content published on websites (free-to-view or otherwise), is likely to be protected by copyright. Even if an article published on a website provides the option to share this does not mean that this content can be used in any way that you like.  

Copyright infringement is only a risk if the content is used for profit. Another common misconception amongst professionals is that use of content internally or for non-commercial purposes (e.g., supporting training, keeping colleagues informed) means that copyright infringement isn’t a concern. This isn’t necessarily the case. For example, if you share copyrighted content for internal use with a colleague, for research or training without permission, you can be at risk of copyright infringement. 

The absence of a copyright notice means the content is not protected by copyright. Again, not necessarily true. In the UK copyright applies automatically once the work is created and permission from the copyright owner must be obtained before use.

By protecting the original expression of ideas, copyright incentivise creators to innovate and develop new creative works for the benefit of businesses, the economy, culture and society. 

Failure to respect copyright not only undermines these positive benefits but also infringes the legal rights of the copyright owner and can put your organisation at risk.  

Championing Ethical Content Use 

We are committed to promoting the responsible use of published content. Our role extends to licensing businesses, law firms, and public sector organisations, enabling them to share and reuse text and image-based content legally. With over 40 years of licensing, we have facilitated the distribution of more than £1.5 billion in revenues to authors, publishers, and visual artists, ensuring fair compensation for their work. 

Our blanket licence covers more than 17 million titles, allowing organisations to operate confidently without the constant need for individual permissions. This not only safeguards businesses from copyright infringement but also streamlines operations, freeing up valuable resources and improving your compliance and governance.

How copyright compliance can enhance your ESG and Sustainability framework

1. Reduces legal, reputational and financial risk from a claim for copyright infringement while supporting your compliance and governance.
2. Promotes the ethical and responsible use of content. 
3.  Supports innovation and creativity in the UK.
   

CLA ensures that its licensing revenues flow back into the creative economy. Through your organisation’s CLA business or law licence, you directly support and incentivise creators to continue to innovate and produce high quality, original content, for the benefit of our society.  

AI and the Future of Copyright 

As technology rapidly transforms the workplace, CLA is committed to developing solutions that assist businesses in navigating this evolving digital landscape. One of our initiatives is the upcoming introduction of the TDM licence, which will help organisations gain competitive advantage and drive efficiencies by uncovering hidden trends and extracting valuable insights from published content.  

Given the advancements in generative AI, we emphasise the importance of copyright compliance as a foundation for the development of these technologies. CLA is actively working with our member organisations—PLS, ALCS, DACS, and PICSEL—to create new AI licensing solutions. These will include licences for using published content as inputs for prompts for generative AI in the workplace and a separate training licence.  

Collaborating for a Sustainable Creative Economy 

The Legal Geek conference was a resounding success, offering us the opportunity to connect with a diverse range of professionals who share our commitment to responsible content use. As we move forward in an increasingly digital and AI-driven world, it is crucial for organisations to prioritise compliance and governance with copyright laws. This not only mitigates legal risks but also supports a sustainable creative economy.