Can I use an image I found on Google for my company's campaign?

Finding an image on Google does not mean it is cleared for commercial use. Before using it, verify the authorship, license, and conditions of use. Opt for licensed stock libraries, public domain materials, or content with a license compatible with the campaign's purpose.

If I credit the author, can I use any image, music, or creation?

No. Giving credit does not replace authorization when a work requires a license for reproduction or commercial use. Credit is important, but you need to check what rights the author or copyright holder actually granted.

How to create campaigns inspired by references without making the communication look too much like other brands?

Use references as a starting point, but develop your own concept, language, and execution, aligned with the brand identity. A creative direction and production of original materials help turn references into pieces that are consistent with the brand without simply reproducing existing solutions.

Plagiarism in Advertising: what are the limits of inspiration?

October 31, 2023
10:27

To build a successful and creative campaign from scratch, market research is naturally conducted to find potential sources of inspiration. However, there is a clear difference between drawing inspiration and copying elements from external work — and understanding Copyright law is essential to avoid legal risks, such as accusations of plagiarism.

Understand what we can learn from the Bauducco Case and accusations of plagiarism in the advertising industry

The recent case involving the Bauducco campaign, in partnership with singers Juliette and Duda Beat, reflects what can happen. On October 17, the single "Magia Amarela" was launched as part of a rebranding initiative for the brand famous for its panetones, following a visual identity refresh for the Christmas season. However, the reason for its high numbers was not what was expected — the topic trended after accusations of plagiarism due to similarities with Emicida's song and visual style, AmarElo.

The crime of plagiarism is legally defined in Article 184 of the Penal Code, with penalties ranging from three months to four years of imprisonment or fines, depending on the severity of the offense. It is closely related to another law: the Copyright Law, which provides protection for intellectual works and grants the exclusive right to their use, exploitation, and commercialization.

In other words, even in the Digital Age, exercising caution when using images, music, or other copyrighted elements is essential to prevent future legal issues and protect your brand's reputation.

But what is considered plagiarism?

This violation is defined as the "total or partial reproduction, with direct or indirect profit intent, by any means or process, of an intellectual work, interpretation, performance, or phonogram, without the express authorization of the author, performing artist, producer, as applicable, or their representatives."

In the world of advertising, CONAR (National Advertising Self-Regulation Council) is the regulatory body for the sector, and it has previously received complaints involving brands such as Activia and Boticário.

ABM recommends some best practices to avoid issues like this:

• Always verify the authorship of the content you intend to use;

• Prefer using Creative Commons materials with no usage restrictions within your category, or Public Domain works;

• Always give credit when using sources and references.

Have any questions about this topic? Get in touch with one of ABM's specialists and we will be happy to help!

FAQ

If you merely absorbed a general idea, language, or trend and created your own execution, that tends to be different from copying recognizable elements from another work. The risk increases when strong similarities appear in text, imagery, music, composition, or the executed concept. In case of legal doubt, it is best to validate the usage before publication.