What Steps Do You Take to Enforce a Copyright?
Copyright Insights
What Steps Do You Take to Enforce a Copyright?
In the complex world of intellectual property, enforcing copyrights is a crucial task for creators and businesses alike. We've gathered firsthand accounts from a Small Business Owner to an Intellectual Property Attorney to share their experiences. From resolving infringement with direct contact to securing artwork rights through legal action, here are four insightful examples of how to handle copyright enforcement.
- Resolved Infringement with Direct Contact
- Monitored and Acted on Copyright Breach
- Enforced Copyrights with Legal Measures
- Secured Artwork Rights Through Legal Action
Resolved Infringement with Direct Contact
Recently, we faced an issue where a competitor stole one of our Instagram videos and posted it on their business account. Since we sell the same product, which are pickleball paddles, this could easily confuse consumers.
To resolve it, we promptly messaged them, explaining that their use of our content could mislead customers and asked them to take it down. They complied, but it was a wake-up call for us. Now, we ensure all our videos and images are watermarked and include our logo to protect our content and prevent similar issues in the future.
Monitored and Acted on Copyright Breach
As a web-design agency, we once discovered that another agency had used our copyrighted content without permission. We promptly contacted the agency and requested the removal of the infringing material. Our next step would have been to send a formal cease-and-desist letter if they didn't comply. In today's digital landscape, it's crucial to actively monitor and protect copyrighted materials to maintain the integrity of our work and brand.
Enforced Copyrights with Legal Measures
As an IP attorney, I've had to send cease-and-desist letters to enforce clients' copyrights. For example, a marketing agency client found their blog content copied onto another site without permission. We sent a letter demanding removal, but the site owner refused. We pursued legal action and obtained a settlement including content removal and payment of damages.
In another case, a software company client found a competitor using code from their site. Again, we sent a cease-and-desist letter citing the infringement. Within a week, the competitor complied by removing the offending content.
I prefer resolving issues respectfully through communication. But when requests are ignored, my duty is to vigorously protect clients' rights. Legal action is always a last resort, but must be on the table to give weight to demands. By enforcing copyrights, we help maintain the integrity of creators' works and safeguard businesses.
Secured Artwork Rights Through Legal Action
I represented a client whose original artwork was used by a company without permission for commercial means. We first sent a 'cease-and-desist' letter to the infringing party, spelling out the violation and demanding an immediate removal of the artwork from every platform. When the company did not respond to our letter, we took it a step up by sending a DMCA takedown notice to the hosting services that were hosting the infringing content.
Concurrently, we prepared a lawsuit for copyright infringement, seeking monetary damages for the infringing use of my client's work. This legal pressure then caused the infringer to agree to a settlement, compensating my client and formally acknowledging the infringing act. We could further negotiate a public apology, which thus had the effect of a deterrent for future infringers, as well as a full restoration of my client's rights. In the course of resolution, we made sure to emphasize how essential respect toward intellectual property rights was to avert such disputes in the future.
