DON’T BE A VICTIM OF COPYRIGHT INFRINGEMENT

Thank you for joining me for my three-part series about copyright infringement.

In part one, I reviewed what constitutes copyright infringement and the remedies available against infringers (which include civil and criminal penalties.)

In part two, I provided strategies to make sure that you do not accidentally infringe someone else’s copyrights, whether through negligence or ignorance (neither of which will save you.)

Today, we are talking about prevention measures.

What can you do to reduce the likelihood that your copyrights are infringed?

Protecting your copyrighted work and deterring potential infringers requires a combination of legal, practical, and technical strategies. Here are some steps you can take to deter people from infringing on your copyrights:

  • Copyright Notice: Put the world (aka the Internet) on notice that you are claiming copyright ownership of your work. Always include a clear copyright notice. This typically looks like "© [Year of Publication] [Name of Copyright Owner]. All Rights Reserved."

  • Register Your Work: While copyright protection automatically attaches when a work is created, registering the work with the US Copyright Office provides stronger legal protection and the ability to claim statutory damages.

  • Use and understand contracts with your clients: Make sure that your contracts with clients clearly state how they can use or reuse your expertise, including creating derivatives through AI platforms.

  • Watermarking: Watermarks make it harder for someone to use your work without attribution and can prevent accidental infringement.

  • Digital Rights Management (DRM): This is a technical method used to restrict the copying and sharing of digital content. DRM typically involves the use of codes that prohibit content copying or limit the number of devices a product can be accessed from.

  • Offer Legitimate Ways to Access: Sometimes, people infringe because they can't easily find a legal way to access the content. Make sure you offer easily accessible, maybe even free alternatives, to use your content. Creative Commons licenses clarify permissible uses and reduce unintentional infringements.

  • Educate the Public: If you have a platform or community, educate your audience about the importance of copyright and how they can legally use and share your content. For you business coaches out there🫵🏾, offer your clients basic information about copyrights and the importance of respecting other creators’ rights.

  • Keep Records: Maintain thorough records of your work, including creation dates, drafts, emails, and any other documentation. This can be crucial if you ever need to prove ownership or defend against infringement claims.

  • Actively Enforce Your Rights: When you discover infringements, send a cease and desist. Simply notifying the infringer is usually enough to get them to stop.

  • Seek Legal Counsel: If your initial efforts don’t stop the infringement, consult with a copyright attorney to understand your rights and the best course of action.

Remember that while these measures will deter most potential infringers, it's nearly impossible to prevent all unauthorized uses, especially in this digital age. Be proactive but also be realistic. The goal is to minimize the risk and to be prepared to take action when it occurs.

Got questions. Reach out!

Previous
Previous

A Few FAQs about the Non-Disclosure Agreement Guide

Next
Next

Copyright Infringement Basics, Part 2: How to Avoid Accidentally Infringing Someone Else's Copyright