56

Failure to qualify for DMCI safe harbors

Why This Mistake Will Hurt Your Business:

You need to understand the background to IP to know when something should have copyright, patent, trade secret, or trademark protections. As we have discussed, not understanding the difference can cause serious problems.

55

Failure to Ensure You Own the Copyrights to Work You Completed or Work You Hired Someone Else to Complete

54

Failure to Protect Your Own Copyrighted Work from Infringement by Third Parties

53

Failure to Register Your Copyrighted Work When Necessary

Why This Mistake Will Hurt Your Business:

Without registration, the most you can do is essentially to send an emphatic letter telling an infringer to stop, but if he doesn’t you wouldn’t be able to go to court and force him to legally stop.

52

Failure to Understand Fair Use and Consequently Infringing on Others' Copyrights

Why This Mistake Will Hurt Your Business:

This can harm your business because once you go beyond fair use in your use of copyrighted material without someone’s permission, you’re infringing on their copyright. And this could lead to serious liability.

51

Failure to prevent your website users from infringing on someone’s copyright via your website

Why This Mistake Will Hurt Your Business:

Failing to prevent or take action on infringement by users on your site may cause you to be held liable for copyright infringement by your users.

50

Failure to Get Permission When You Use Other People's Copyrighted Work

Why This Mistake Will Hurt Your Business:

If you don’t get permission for using another’s copyright, you could be sued for copyright infringement and ordered to not only stop using the copyrighted work but also pay the owner substantial damages.

Related mistakes : Failure to Understand Fair Use
49

Failure to Understand When People Can and Can't Use Your Copyrighted Works for Free or without Your Consent

Why This Mistake Will Hurt Your Business:

It could cause embarrassment and unnecessary expenses incurred from trying to enforce your copyright in cases where fair use was allowed.

48

Failure to Understand What Is and Isn't Copyrightable

Why This Mistake Will Hurt Your Business:

You need to understand the background to IP to know when something should have copyright, patent, trade secret, or trademark protection. As we discussed, not understanding the difference can cause serious problems.

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