Trademarks and copyrights have become an increasingly touchy subject on the Internet. In an age filled with piracy and “borrowed” content, it is becoming even more difficult for trademark owners to defend their intellectual property. However, under some circumstances, it may be in their best interest to simply let the Internet have its way.

For example, you may have noticed that there are several YouTube videos from regular individuals that use licensed music as the background to their clips. Depending on the record label, several different things can happen when the YouTube algorithm recognizes that the embedded music matches copyright material. Sometimes, the video is removed until the uplaoder changes the audio track. However, more and more, something different is happening.

Instead of taking the video away from public consumption, the video is allowed to stay up and live. The difference is there is an iTunes link embedded by the video description. When a web visitor goes to view the video, he or she will also see the name of the artist and the track below. If clicked, the web visitor then has the opportunity to buy the song. This serves as a revenue source for Google (YouTube), Apple (iTunes), and the song artist. For the artist, it can also help to increase brand awareness and popularity.

Sometimes, bending copyright laws and letting some “trademark infringement” fly might be a good idea. This isn’t true under all circumstances, to be sure, but all industries should avoid using blanket policies when it comes to “borrowed” content on the Internet.