3. Business implications While the prior sections serve to educate business leaders regarding fair use of protected materials, we next outline important takeaways for managers. Table 2 provides a list of the recommended do’s and don’ts. First, managers should familiarize themselves with the common myths about copyright and trademark fair use outlined in Section 2.1. Acknowledging the owners of borrowed materials does not protect against infringement; similarly, using only a small amount or percentage of a protected work does not necessarily avoid legal liability. Lack of formal registration with the U.S. Copyright Office or USPTO does not automatically mean materials are free to use. Likewise, the omission of symbols (e.g., #, TM, or 1) does not constitute use in the public domain. While the context in which protected materials are used is an important consideration in application of the fair use doctrine, non-commercial use does not in and of itself necessarily constitute fair use. Lastly, the Internet is not public domain. While much public domain material can be accessed through the Internet, it is dangerous to assume that all material found on the Internet is in the public domain. These myths continue to persist despite their inaccuracy and potentially detrimental consequences. Unfortunately, it is not uncommon to find harmful business advice that embraces these very myths. That is why it is imperative for managers to be aware of what constitutes fair use.
