Is Your Creative Work Protected?

While it can be tempting as a business owner to try to stretch your marketing dollars with bargain-rate or online creative services, you may do so at your own peril. It’s very important to use a marketing agency that does its due diligence when it comes to creating original work or procuring licensed work.


A New Sheriff in Town?

In October, the House of Representatives voted 410-6 in favor of the Copyright Alternative in Small-Claims Enforcement Act of 2019, or the CASE Act for short. Should the act become law, it would establish a small claims court where content creators can go after those that infringe upon their copyright. This law would allow more artists and writers without deep pockets to be able to protect their work. Damages would be limited to $15,000 for each infringed work and max out at $30,000 total.

Currently, copyright suits are heard through the federal court system, which can be time-consuming and cost-prohibitive for many writers, photographers, and graphic artists. Under the law, a tribunal of “Copyright Claims Officers,” established within the Copyright Office, would work with both parties involved in a lawsuit to resolve infringement claims.

These days, with so much creative work easily obtainable online (and not always sourced), unscrupulous or unknowledgeable marketers can easily find art or photography online and use it without realizing that it’s protected. Many people simply are not aware that all work is protected, erroneously believing that an artist or musician needs to apply for copyright protection, like a trademark. But the truth is that their work is automatically protected the moment they create it.


Protection Against Copyright Liability

At Kymera we take a number of precautions to help ensure that our clients are not left liable for copyright infringement when we produce work for them. These precautions include:

    • Only using client-original or appropriately licensed stock images and vector elements from reputable stock photography websites.
    • Referencing the source of the information on our articles when developing written content.
    • Running all content through an online plagiarism-detection tool.
    • When producing videos, ensuring all sound effects and musical elements are properly licensed.


Remember that unless creative work is specifically contracted under a “work for hire” agreement, as our content is, the producer retains the copyright. This arrangement can cause you problems, including costly legal judgments, down the line — even if you paid for the piece. Navigating copyright risks can be a risky proposition, but working with a reputable and knowledgeable marketing agency like Kymera can help protect you against the potential damage of copyright infringement. Contact us today for a free consultation for all your marketing needs.