Are you affecting its value? Is there a market for the work? In the case of photography and music, yes. “There is clearly a market for clearing these things and paying for their use, and if you used it without permission, you’re going to get approached,” said Lieberman. “And you better have a pretty good reason for why you used it without paying for it.”
Hart and Lieberman went into more gory detail, and it’s all available, recorded, on ONA’s website. It’s worth listening to. And here’s a last bit of practical advice from the class: Give people a way, on your website, to contact you, if they think you’ve screwed up.
Disclosure: CJR has received funding from the Motion Picture Association of America (MPAA) to cover intellectual-property issues, but the organization has no influence on the content.