Where businesses tend to fall out of compliance
Images copied from search results, fonts installed without a commercial license, and music streamed through a personal account in a store or gym are among the most common problems. Playing recorded music to the public generally requires public performance licenses, typically obtained from performing rights organizations, though some smaller establishments fall within exemptions that come with specific conditions. Software license audits often follow an acquisition or a report from a former employee. Open-source licenses carry obligations, such as attribution and, for some licenses, sharing source code when software is distributed, that engineering teams may not be tracking.
Platforms that host user content
If your website or app lets users upload material, the DMCA safe harbor can limit liability for their infringement, but it depends on conditions that have to be in place before a claim arrives, including a designated agent registered with the Copyright Office and kept current. A notice-and-takedown process that exists on paper but is not followed may not hold up. Prompt handling of proper notices, and a consistent approach to users who infringe repeatedly, are where services most often fall short. Records of notices received, actions taken, and counter-notices processed are what you will rely on if the safe harbor is questioned.
Setting up a workable routine
Compliance works when it is simple enough to follow. A central record of licenses, with the source, terms, and scope of each, lets anyone confirm whether a new use is covered. Contracts with agencies and freelancers should state who is responsible for clearing third-party material in their work. Training staff on the few rules that matter most, such as not pulling images from search results, prevents more problems than a long policy. We start by looking at how your teams actually acquire images, music, fonts, and code, identify uses that look unlicensed, and suggest changes to purchasing and approval steps. If a demand letter has already arrived, we start there instead, since those letters often set a response deadline.
