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Uncertain? Get Permission.
Getting permission of the copyright
owner can be difficult and costly.
Sometimes, it is difficult to identify the
owner, which can be the photographer or
the publisher such as for a magazine or
newspaper. There are copyright "clearing
For example, GettyImages.com, makes
it easy to obtain the rights to use images
and photographs and to determine what is
royalty-free or what the royalty payment
is.Other sources include: Copyright Clear-
ance Center, Inc.and Music Library Asso-
ciation (MLA) Clearinghouse.
If you're copying someone else's work,
carefully consider whether your use makes
sense under the "fair use" doctrine.
Be careful to quote accurately, give credit,
and add value by comparing, criticising, or
commenting on the work.
If your use is extensive, get permission,
In addition, be aware that the search
engines recognise "duplicate content" and
generally discount/devalue the copies.
So the duplicated content won't bring
much search engine traffic, but it can make
the copyright owner aware of the infringe-
ment and bring the associated penalties.
The Internet is a wonderful resource and can be
extremely helpful in gathering information. Most
of the content on the Internet is covered by copyright
law (including text, images, music)---and your usage
needs to be within the "Fair Use" doctrine---or you
could find yourself in a lawsuit.
For entrepreneurs, who are moving fast and have
limited budgets, it's especially tempting to copy con-
tent, including text and images, from the Internet -
so that they can quickly build their website or outdo
Note that a "copyright notice" is not required for
material to be protected by international copyright
law. So, it is safest to assume that copyright exists,
even if you do NOT see a © or Copyright notice.
There are limits on what you can copy. You'll want
to understand the limits---defined by the "Fair Use"
doctrine---so you can avoid violating copyright law
and expensive consequences.
The consequences can be severe---including legal
fines and "take down" notices.
For example, if your website includes original con-
tent you created that has been used without per-
mission, the Digital Millennium Copyright Act
(DMCA) provides for "take down" notices that require
the hosting company to remove the content.
DMCA takedowns are often implemented within 72
hours. So, if your business depends on the web---
which most businesses do---your website can be dras-
tically impacted by unauthorized copying. For back-
Copyright law does not protect the idea or the
facts; it only protects the way an author expressed
him/herself. Copyright law makes it illegal to copy,
display, publish, perform or create derivative works
of copyrighted material without the permission of
What is the "Fair Use" Doctrine?
The rights of the copyright owner are limited by
the "fair use" doctrine, which allows reproduction
of copyright protected materials under certain cir-
Unfortunately, there are no clear-cut rules for what
is "fair use." There are no "safe harbors" such as
specific number of words or percentage of content.
Rather, there are factors that are used to determine
• 1. Purpose and character of the use. Is the use
commercial or non-profit? Commercial use is less
likely to be "fair use." "Fair use" is more likely
when the use is to illustrate, comment, criticize,
• 2. Nature of the copyright work. Is the work factual
or fictional? Factual use is more likely to be "fair
• 3. Amount and substantiality of the portion of the
work used. The courts have found that using 300
words of a 30,000 manuscript of President Ford's
memoirs was the "heart of the book" and con-
tributed to the conclusion that it was not "fair
• 4. Effect on the potential market value of the copy-
righted work. Will your use diminish the potential
revenue for the copyright owner? If there's financial
harm (loss of revenue to the copyright owner),
then it's probably not "fair use."
No clear rules. Suggested guidelines.
While there are no firm rules, the following guide-
lines may help in evaluating whether your use is
within the "fair use" doctrine.
• 1. Quote accurately and briefly.(Word-count guide-
lines - such as 250 words or less - are not a "safe
• 2. Commercial use is less likely to be "fair use."
• 3. Fictional works receive more protection than
• 4. "Fair use" includes activities such as criticism,
SECRETARY TO THE BOARD
This job required the incumbent to ensure that the legal, statutory
and other provisions governing or affecting the operation of the entity
are observed and to provide secretarial support to the Board and Sub-
o A Bachelor of Law Degree (LLB) and a Legal Education
o A minimum of five (5) years experience as a practicing Attorney
in the jurisdiction of Trinidad and Tobago in the areas of
Advocacy, Contracts, Commercial Matters, Civil and Criminal
o A minimum of two (2) years experience in a Corporate Secretarial
position or other Supervisory/Management position in a legal
o Additional training in health, safety and environment (HSE),
economics, industrial relations,
o Any other relevant combination of qualifications and experience
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