You may have heard the recent news report (September 22, 2015) about how a federal judge in California ruled that the song “Happy Birthday” is not subject to the copyright claim of Warner/Chappell Music. That company had purchased what it insisted were the successive rights to the song that was originally copyrighted back in 1935. This legal ruling declares that the song, which is said to have originated with two Kentucky sisters back in the late 1800s, is in the public domain and may be used freely, no longer entitling Warner/Chappell Music to collect some $2 million in annual royalties.

Campground owners are probably already familiar with the licensing rules that must be addressed when showing films or playing music within their parks. The entire concept revolves around the fact that intellectual property is, in fact, property. Perhaps not as tangible as a three-dimensional object that you have purchased, that intellectual property is the result of the work of one or more people (typically thousands of people in the instance of a feature film) who earn their livings by creating this work, just as you earn your living by running your campground. Without compensation, we have no more right to use their work than we have the right to take a ride in a car that we admire that we see parked along the side of the road. (Personally, I would like to take a spin in a nice Tesla Model S!)

When it comes to films and music, associations such as National ARVC have negotiated group discounts with licensing organizations such as the Motion Picture Licensing Corporation (MPLC) and the American Society of Composers, Authors, and Publishers (ASCAP). As a member, you should subscribe to those member programs in order to stay on the right side of copyright compliance.

Photography is another copyright zone that may directly impact your business. If you hire a photographer to take photos at your park, confirm in advance that you will own the rights to those photos without further compensation. If you are using stock photography, on the other hand, there are two basic types of usage rights: royalty-free and rights-managed. With royalty-free images, you pay a one-time fee to either a photographer or a photo agency, allowing you generally unrestricted rights to use a photo. Reproduction of images on articles for resale (such as posters, calendars, postcards, or coffee mugs) is generally not included, and the photographer retains the right to sell additional royalty-free rights to as many people as may be willing to pay the requisite fee. There is always the risk, of course, that your company and another company might purchase the same usage rights to the same photo, potentially creating an embarrassingly awkward situation.

Rights-managed photos, on the other hand, involve very specific licensing fees that are based upon how and where a photo is being used. These fees are always going to be substantially higher than the fees for the royalty-free usage rights that are more than adequate under most circumstances. Companies with deep pockets might choose to pay even higher fees for exclusive rights to an image, preventing anyone else from using the photo.

The important thing to keep in mind is that, if you are using a photo that you did not take yourself, you must be sure that you have paid any applicable licensing fees. Even a photo that you have taken yourself, if it includes another person or another person’s property, may not be yours to use in a manner that involves public distribution (either in print or online). If you need a stock photo or graphic, turn to one of many online stock photo agencies. You are likely to find the perfect image, and you may then pay a reasonable fee for royalty-free usage rights. (The stock image illustrating this story is a perfect example of a royalty-free image, rights to which I have purchased for this specific purpose.)

What you must not do is carelessly assume that you have the right to use a photo simply because it appears in a Google image search. For example, I just did a search for “John Wayne”, and I can assure you that somebody owns the rights to each of those photos. In fact, the family of the actor has even attempted to copyright the name “Duke”, taking legal action against Duke University in the family’s efforts to license the actor’s nickname for a line of Kentucky Bourbon Whiskey.

I was recently contacted by one of my company’s campground clients who had received an e-mail from Getty Images (a very large rights-managed stock photo agency), demanding compensation for copyright infringement. My client questioned the validity of the e-mail, since there are so many phishing scams these days that look quite official. Unfortunately, this demand notice was very much the real thing. Apparently, one of my company’s employees had somewhat carelessly found a photo of a red-tailed hawk in flight (no doubt using a Google image search) and used it to accompany a link to information about a nearby raptor migration lookout.

It is clear that companies like Getty Images are using some very sophisticated image recognition technology to actively seek out and pursue cases of copyright infringement, regardless of intent or knowledge.

Their correspondence included the following notes:

• Ceasing use of the imagery does not release your company of its responsibility to pay for the imagery already used. As the unauthorized use has already occurred, payment for that use is necessary.
• You may have been unaware that this imagery was subject to license. However, copyright infringement can occur regardless of knowledge or intent. While being unaware of license requirements is unfortunate, it does not change liability.

In this case, I took responsibility for the error in judgment on the part of one of my employees. I removed the image from our client’s website, and I paid Getty Images the $520.00 that they demanded in settlement. A friend of mine who runs a travel website later told me that he had once been sent a demand in the amount of $4,200.00 for using a historic photograph of Abraham Lincoln on his site. Even the images of one of our most beloved Presidents are apparently not in the public domain.

In summary, let me offer fair warning and a word to the wise, urging my readers to be cautious to an extreme when using stock photos. In the meantime, let’s all sing a round of “Happy Birthday”, since it is somebody’s birthday today and every day.

I often find businesses that put far too much emphasis on driving traffic to their website and far too little emphasis on the user experience once someone reaches their site. This is backward thinking that fails to address the importance of converting online traffic into customers. Think about it. If you ran a store where your average sale was $100.00, would you rather have 100 people in your store if only 1 out of 20 made a purchase, or would you prefer to have 20 people in your store with 1 out of 3 making a purchase? In the first instance, you would look very busy but would be realizing only $500.00 in sales, whereas in the second instance, you would be generating more income while giving your customers greater attention and tremendously reducing your sales overhead.

Businesses that are engaged in online commerce have their fingers on the pulse of their customer base, easily detecting the difference between active customers and dead bodies. They know that, right until that last confirming click, a shopping cart may be abandoned and an order lost. For that reason, they know that they need to do everything possible to ensure that the end user experience is as smooth and flawless as possible. Any and every little hindrance along the way takes the customer one step closer to bailing out and shopping elsewhere.

There is a rule of thumb in the website design business that says “three clicks and they’re out”. This means that, if somebody enters a website and cannot find what they want (whether it is merchandise or simply an answer to a question) in 3 clicks or less, they are increasingly likely to leave the site … often never to return. On the same token, if a user is attempting to make a purchase – or make a reservation – but encounters roadblocks along the way, I believe that the same “three clicks and they’re out” rule of thumb applies. It is simply not as easy to monitor as an abandoned shopping cart.

Other than shopping carts themselves, probably the most frustrating online content involves pages that contain forms. Let’s face it: we all dislike filling out forms. Do you like going to your doctor’s office and being asked to complete the same 4 or 5 forms every time you have an appointment? Well, it is time to stop running your website like a doctor’s office! All campground websites either have or should have some type of reservation request form, but try to be sure that your forms are intuitive and follow some basic common sense rules.

• Do not ask for non-essential (or even intrusive) information. For example, I often see people asking for a “home phone number” at a time when about half of the population no longer subscribes to a landline telephone service
• If input is required for certain fields, let people know in advance (typically with an asterisk), not with an error message after users click “submit”.
• Design your forms to adapt to user preferences instead of demanding that users adapt to the forms. For example, if somebody enters their phone number as (123) 456-7890, they do not want to be told that they were wrong and must re-enter it as 123-456-7890 or 1234567890.
• Every form submission should be followed by some sort of receipt or confirmation. If you respond to a form via e-mail, use an address to which the customer can reply with any subsequent questions, never using a “do not reply” address.
• Personalize your responses. I recently placed an order with an online merchant who sent me a series of e-mails, all with the “Dear Valued Customer” salutation. Fail!
• Follow up on promises. If you tell people that you will respond to their inquiries within 24 hours, follow up on that commitment. The same merchant who addressed me as “Dear Valued Customer” had prominent notices throughout its website that promoted “Free Next Day Delivery via FedEx”; however, after placing my order, I received an order confirmation telling me that I could expect delivery in 7-10 days. Do you think that I will ever purchase from that company again? Not a double fail, a triple fail!

Keeping in mind the “three clicks and they’re out” rule of thumb, try not to violate these common sense usability rules. It is time for you to evaluate your website not as the business owner but as a potential customer. How many customers has your website driven away today? If your webmaster is not on board, fails to understand, or is anything less than fully committed to the end user experience, it may be time to shop around.

You probably know how that sentence ends. If something sounds too good to be true, it probably is too good to be true. In this case, there have been a number of hoaxes that have circulated on Facebook, and it is amazing how many thousands of people unwittingly think these “contests” are authentic before the pages get reported and eventually get taken down.

Over the weekend, one of my friends on Facebook shared a link and commented how she hoped she would be one of the lucky monthly winners of $5,000.00 in travel money being given away by Qantas Airlines. The page looked very authentic but I immediately detected a scam. The page had relatively few posts for a big corporation, all of which dealt with the contest, and I noticed that it had a total of only 14,190 “likes”. That low number of likes is a dead giveaway that you are not at a legitimate page. A quick search brought me to the real Qantas page, with 715,496 likes and, of course, no such contest.

It turns out that this is not the first time that Qantas has had to deal with the public relations nightmare that can result when people think that a business is somehow responsible for a scam in disguise. In an earlier instance this year, a fake page announced that the airline would be offering free upgrades to first class for all passengers through the end of 2015. That bogus page accumulated some 130,000 likes and over 150,000 shares in the first 24 hours of its existence. Yes, people can be very naïve.

Another friend not long ago shared a link to another Facebook page that captured his excitement. It alleged to be Chevrolet and was encouraging people to enter a contest to win a free Chevy Camaro. I noticed that all of its posts involved the fake contest, most extending the entry deadline in order to get more people to “enter”. Once again, I noticed that the page had relatively few “likes”, and I provided my friend with a link to the real Chevrolet Camaro page on Facebook, not surprisingly with 4,407,269 likes as of this writing. Until somebody reports a page that mimics the identity of a legitimate page and violates its legal trademark, scams like this will perpetuate indefinitely.

One way to quickly confirm the authenticity of a Facebook page is to look for the blue checkmark icon next to the page’s name, confirming that the page of a global brand or business, celebrity or public figure, or media outlet has been verified to be legitimate. Unfortunately, Facebook does not offer this authentication option to small businesses like yours and mine.

If you encounter one of these fake pages, you may be wondering why somebody has taken the time to create it. Typically, the pages are built by individuals who are engaged in the practice of “like farming”, hoping that their page will not be reported and taken down before they will be able to increase its value and profit from it in a black market engaged in the buying and selling of this type of content. Visitors to these pages are usually encouraged to “like” and “share” the pages, whether the incentive is a bogus contest, a chain letter, or simply a photo of a cute puppy or kitten. If a page has more “likes”, it will sell for more money to subsequent scammers who can then engage in more nefarious cons. Many of those are engaged in the collection of personal information that only begins with e-mail addresses and Facebook profiles but could very well end in full scale identity theft.

We all know people who have gotten their personal profiles compromised on Facebook. It can be a nightmare, but for a business, this type of violation can be far more damaging. As a business owner yourself, probably with a Facebook page of its own, you need to be vigilant about protecting your company’s online identity. There can be very real costs in crisis communications and the loss of consumer confidence in your brand. Back in 2012, another airline – Jetstar – suffered tremendous corporate damage when a scammer set up a bogus Facebook page and began posting highly offensive responses to customers posting questions to what they thought was its official page. Instances like this are nothing less than corporate sabotage.

Thinking hypothetically, what would be the direct – and indirect – impact of hundreds or thousands of people being led to believe that you were giving away free merchandise to anybody who showed up at your business next Saturday? It has been sometimes said that all publicity is good publicity, but it does not take much imagination to realize that this adage can be far from true.

Sadly, it is extremely easy to build an official-looking page with very little skill or talent. A con artist copies and pastes a few graphics and trademarks, registers a deceptively similar page name, then posts something that sounds so good to the unwitting that it goes viral faster than it can be taken down. If your business ever finds itself in this unenviable situation, it is imperative that you immediately report the bogus site and that no time is wasted before engaging in damage control and exposing the hoax as broadly as possible.