Copyright vs. Public Use
Know the Line: Copyright vs. Public Use – What You Can (and Can’t) Do with Creative Content
In the digital age, it’s easier than ever to share a song, repost a photo, or quote a paragraph from your favorite article. But just because it’s online doesn’t mean it’s free for public use. At Stuard Thornton & Associates, we believe an informed client is a protected client. Here’s what you need to know about copyright law and the difference between protected content and public domain material.
What Is Copyright?
Copyright is a legal protection automatically granted to the creator of an original work—whether it’s a book, movie, song, painting, photograph, or even software code. This protection means you cannot legally copy, share, or profit from someone else’s work without permission, unless certain exceptions apply.
Examples of copyrighted material include:
Music tracks and lyrics
Photographs and images
Blog posts and articles
Videos and movies
Logos and branding designs
Software and computer code
What Is Considered Public Use?
Some materials are in the public domain, which means you can use them freely without permission. This can happen because:
The copyright has expired (typically 70 years after the author’s death)
The creator waived rights and dedicated the work to the public
The work was produced by the U.S. government
Additionally, some content is released under Creative Commons licenses, which allow use under specific conditions (such as giving credit or not using the work commercially).
Common Misconceptions
❌ “If it’s on Google, I can use it.”
Wrong. Search engines index copyrighted works—they don’t give you legal permission to use them.
❌ “I gave credit, so it’s okay.”
Not necessarily. Giving credit does not automatically grant usage rights unless the license specifically allows it.
❌ “I’m not making money from it, so I’m safe.”
Not always. Even non-commercial use can be considered infringement if permission wasn’t granted.
Fair Use: A Narrow Exception
Under U.S. law, fair use allows limited use of copyrighted material without permission in certain contexts like:
Education
Commentary or criticism
News reporting
Parody or satire
However, fair use is a gray area, and courts consider factors like how much of the work was used and whether your use affects the market value of the original.
How to Stay Legal
✔ Use royalty-free or Creative Commons licensed content
✔ Always give attribution when required
✔ Purchase or request a license when necessary
✔ When in doubt, consult a lawyer
Why It Matters
Copyright violations can result in cease-and-desist letters, takedown notices, or even lawsuits. Whether you’re running a business, publishing content, or just sharing online, understanding these rules protects your work and your wallet.
Have questions about copyright or received a takedown notice?
Call Stuard Thornton Law Firm & Associates. We help individuals and businesses protect their rights—and avoid costly legal missteps.
📞 Schedule your consultation today.