We’ve commented before on the importance of proper copyright clearance when posting articles on the Internet. Copyright covers text, images, any kind of literary or artistic work, together with plenty of other stuff. Now, if you’re writing an article yourself, for your own website, then you own the copyright in the text and you can use it to your heart’s content. But we all know that articles are more eyecatching if they have some pictures, after all they are said to tell a thousand words. So where can you get the pictures you need?

The simplest answer is to go and take them yourself, but people often complain that’s hard work. Oddly, they’re often the same people who complain that photographers like to be paid for their work. I’ve never been able to square those two views. So (spoiler alert) look for websites that provide free-to-use images – Unsplash.com is probably the best-known.

What you can’t do is just pop onto your favourite search engine and look for the most appropriate image. Even the search engines that claim to be able to filter the results for free-to-use images (I’m looking at you, Google…) can’t always be trusted, because the onus and the liability is on you, not them. They’re probably doing their best, but you’re the one who will get in trouble if their data isn’t perfect.

Now, you might think that everyone knows this by now. But no – there are many that don’t, including some that you really would think ought to know. Enter the stage, Briffa Legal, a firm of intellectual property lawyers who claim that they are “highly regarded for copyright and intellectual property generally” [see https://www.briffa.com/what-we-do/copyright/]. They’ll understand copyright law, right? Their use of images will be 100% compliant, right?

Wrong. So wrong…

Here is Briffa’s case report  of a decision we secured for a client of ours, Monsta Pizza. All well and good so far. We won that case, but the other side appealed. Here is Briffa’s report of the appeal decision. Can you spot the difference?

I did… the photo is one that I took, showing my clients outside the Trade Marks Registry. They then edited the image to add in the Monster (he was busy elsewhere that day…). So only the briefest level of legal analysis says that copyright in the image is jointly owned, by my client and I. Now, I don’t recall granting Briffa a copyright license, and my client confirmed that they hadn’t either. Oh.

Yes, here is a solicitor, an IP solicitor, a solicitor who claims they are “highly regarded for copyright”, using an image without copyright clearance. Oh dear. Oh dear me…

One brief round of communication later, and a tidy sum was deposited in my client’s bank account. Kudos to Briffa for coughing up. Gales of laughter for letting themselves get into the situation in the first place, though. I do recommend that you all learn from this, it will be cheaper in the long run, and as an extra bonus you can claim to be better at copyright than a highly regarded copyright solicitor…

While we’re on the subject of Monsta Pizza, I really would recommend their food. I’ve heard it described as “the best pizza I’ve tasted outside Italy”. Here’s the film from when they came to feed us at our office…, or head here to see where & when they’ll be available or to book them for your next event!

And another thing. It’s worth being careful in every respect, not just the legal ones. This came to my attention because a colleague pointed me at the first article, the one that used a legal image, because he thought the article gave the false impression that the case was one of Briffa’s own. They certainly don’t assert that, granted, but the style of writing and the quotes from “Chris” could give that impression (what do you think? – let me know!). That struck me as a bit cheeky, which is why I started digging…