Copy, Right?

Over the course of my communications career, whether my role focused on writing, graphic design, or event production and working with entertainers, one subject that repeatedly came up was copyright law.

In PR in the comedy world, the issue of copyright is magnified because, in this universe, content is king. We don’t always think about the consequences of our spoken or social media actions.

It’s important to slow down so you don’t make mistakes that could risk your finances or reputation.

So here are a few areas to watch when it comes to copyright.

Photo & Video

Whether you want to make T-shirts or stickers, or you’re looking to create the perfect poster, you cannot simply grab an image off of the internet for your merch:

• Someone somewhere owns it.

• They are not free for the taking.

• Google Images is not the same as stock photography.

• Any photo, reel, or clip you post as original content on your social media is inherently copyrighted.

• It does not need to have a copyright symbol or watermark on it.

  
  

Unless an image is marked as public domain, it is off limits.

Instead, you should:

• Create your own images.

• Take your own pictures.

• Purchase a stock subscription.

• Hire an artist.

  
  

Copyright Conversations

Should you ever want to post a photo that you didn’t take or a video that you didn’t film yourself, you cannot download it/screenshot (screenshoot?) it/screen record it and post it as your own unless you’ve been given written permission to do so.

“But someone took a picture of me and I want to post it! What should I do?”

• First, ask.

• Get written permission (text / DM count!). Most likely, someone will send you the originals, but if they say no, they’re entitled to do so.

• The best thing for you to do is to use the “share” or “repost” features or ask to be a “co-collaborator.” This way, the original creator is properly credited.

  
  

“But the picture is of me! Don’t I own my likeness?”

• You do. However, if you’re in a public space and no one is profiting from your picture, they can post your picture without your consent.

• Side note: If you don’t like a picture I personally have taken of you and posted, ask me to remove it, and consider it done. Because I’m reasonable, damnit (and I’d murder if someone ever posted a picture of me I didn’t like).

  
  

“But I’m trying to promote an entertainer for a show I’m producing! Can’t I use their reels?”

• Not if you’re posting them as originals. You need to have written consent, otherwise, it’s stealing. Again, share, repost, etc. or get written permission.

• If you were to post someone else’s art (video, photo, whatever), even if you’re well-intentioned, you’re potentially gaining likes, views, shares, that belong to the original creators.

• For entertainers who are monetizing, that’s taking money from their pockets.

“But I gave them a photo credit/tagged them! Isn’t that enough?”

• No. Have you not been reading?

• Quit crying and get written permission, already.

  
  

Spoken and Written Words

Keep in mind that filming someone without sound is one thing. However, recording audio has stricter legal implications. You may need all parties to consent, meaning it is illegal to record someone's voice without their explicit knowledge and agreement. So, technically you can’t film someone performing stand-up and include their voice unless, again, you have permission.

In my experience, if someone plagiarizes written words, it’s easy to determine and prove. I’ve actually experienced this in the corporate world a few times — both observing “writers” rip copy off of the internet word for word and “reporters” using my exact content and giving themselves the byline. Beyond being illegal, it’s unethical. And, people will notice.

In the entertainment world, this also applies to jokes, especially if you can prove it in a dated notebook or clip on social media (hint: document it all!).

However, jokes are particularly difficult to prove as stolen because plenty of people have had similar thoughts, life experiences, etc. and have conceptualized similar topics as “funny.” But, should you use words or phrases that are identical, you could potentially ruin your reputation or your career. And, mannnnnn, the comedy world is small. Don’t ruin your livelihood with a lawsuit.

Imitation & Flattery vs. Being Original

I attended over 100 comedy shows last year alone and have witnessed copycat jokes far too often. And I’ve been around long enough to know where a lot of them originated. Part of being successful in this particular industry is to be yourself. Sure, imitation is the sincerest form of flattery, but no one wants multiple Trevor Austins. My God, one is enough.

XOXO,

M

Words to Remember (and Not Copy/Paste Unless I’ve Given You Written Permish)

• Using other people’s content without their consent is theft regardless of your intention.

• If you want to borrow content, ask. Don’t cry if someone says, “no.”

• Be original. There is only one you on this earth. Show everyone who YOU are. Your unique perspective is what’s going to be most marketable.