Managing Your Travel Business: Copyrights 101
by John Hawks

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Here's the basic copyright "rule of thumb" to remember: If you do not have explicit permission (preferably, in writing!) from the owner or creator of any text or photo, you cannot legally copy it, display it, or use it in any way.

As an example, OSSN goes to great lengths to secure proper permissions for the photos you see in the "OSSN Daily" email newsletter and in the "OSSN E-Agent" monthly magazine you're reading now. Sometimes, it takes longer to get copyright permissions for a photo accompanying a story for OSSN than it does to research and write the article itself!

Always assume that photos and content you find online are copyrighted. Under U.S. law, such material is protected by copyright even if it doesn't carry a copyright notice or the little © symbol with a date. And, besides, even if the photo or text you want to use doesn't carry these details, you know obviously that you don't own the photo or text yourself, because you didn't create it!

Ask suppliers and destinations for written permission to use their materials. What about photos or brochure designs that cruise lines, tour operators, and other suppliers offer free of charge in their agent-only Web site areas? It's a good idea to print out the screen or email that says these materials are provided freely for the use of travel agents, and keep that copy in your files (in case questions arise later).

If you're selling travel, there's no such defense as "fair use". Sometimes, you'll hear the term "fair use" with copyright questions. U.S. law allows journalists and others to quote a portion of the text in a book, or use a photo, in order to comment on or even parody the copyrighted work. In your case, however, you're selling travel -- and there's no "fair use" defense if you're using a copyrighted work without permission in such cases.

Don't assume that you're a "small fish" who will never be caught using copyrighted materials. Civil penalties for infringing upon copyrights can run over $100,000 per instance. Plus, you may face attorney's fees and restraining orders. It's not worth the risk.

The bottom line? When you find a photo or content online that you want to use on your Web site, in your emails, in your newsletter for clients, etc., ALWAYS get written permission from the owner or creator. And, if the photo or content is offered freely by a supplier, keep a copy of the supplier's offer. That's the best way to protect yourself against copyright complaints.