The internet has two sides to it. On one hand, you can create endlessly, but on the other hand, there are endless opportunities for your work to be reproduced.
As a content creator like a blogger or influencer, intellectual property protection is necessary to maintain your reputation and brand value.
If you don’t take precautions, the photos, audio, videos, or text that you create for social media or your blog, are at risk of being misused or stolen.
Fortunately, there is good news, though. You can get legal protection for your work if it meets certain requirements.
In the event that someone has recently used your content without your permission, you might be able to take action. Even if it hasn’t happened to you yet, you can take proactive measures to be prepared in case it does.
To protect your content, the first step is to understand how intellectual property works. This includes familiarizing yourself with the different types of intellectual property and the kind of protection they offer. Moreover, you should know how to not only protect your work from infringement but also how to avoid committing it yourself.
We’ll go through this below.
The Basics Of Intellectual Property For Content Creators
Any original creation created by a human is considered intellectual property (IP). As a blogger or an influencer, this would include your articles, photos, blog, name, website design, and brand assets like logos.
Patents, trademarks, and copyrights are the three primary types of IP protection. Unless you have invented something, patent law wouldn’t necessarily apply to you.
Copyright:
As per the U.S. Copyright Office, blog posts are copyright-protected from the moment they’re published. The same also applies to photographs or images. Whether or not you put a © on your work, if something is “fixed in a tangible medium of expression,” it is protected by copyright.
However, the © symbol does more than indicate that you’ve registered with the U.S. Copyright Office. While your content is automatically protected without registering it, the benefit of doing so is that it gives you the right to take legal action if it is infringed upon. In other words, you would not be able to file a copyright infringement lawsuit for something that hasn’t been registered.
Trademarks:
Trademarks are names, words, distinctive marks, or any combination of these that identify and distinguish one product or company from another. There is no automatic protection for trademarks as there is for copyrights, so you need to file a trademark application with the United States Patent and Trademark Office (USPTO).
As a blogger or influencer, you should register, at the very least, your blog’s name, your slogans, and your logos. If you find that your content is illegally used, you could file a lawsuit, potentially collect damages, and seek a court order to stop their use.
Before registering your trademark, you should do a search to make sure that what you want to trademark has not already been claimed and is not being used by anyone else. You can contact our trademark attorneys if you need assistance with this step.
4 Ways To Avoid Committing Copyright Infringement
Make your own content
Creating original content is not only the best way to avoid copyright infringement, but it can also help you to establish a brand identity.
Original content can help you differentiate yourself from your competitors and grab your customers’ attention. It’s also a great way to showcase your expertise, build trust with your audience, and build authority.
Check for any legal notices
Doing your research beforehand can help save you from unintentionally violating someone’s copyright. One of the most important things you can do before using someone else’s content is to check for any legal notices regarding copyright, usage, and licensing.
Not only is using someone’s work without permission unethical and illegal, but it can also hurt your brand. If you do use work from another creator, make sure to give them proper attribution. While every creator is different, they typically ask for credit or to link back to their original post.
Get permission or a license
In some cases, crediting the creator is not enough. For certain content, you’ll have to purchase a license or get permission to use it. An example of this would be purchasing a stock photo or music track.
For content that requires a license, remember to keep any receipts and correspondence that prove you have purchased it or were granted permission to use it.
Use public domain and royalty-free resources
As part of your content strategy, consider using public domain resources. These works are not subject to copyright restrictions, which means you can use them freely.
Use royalty-free stock photos from websites like Unsplash or Pexels.com. If you want to add music to your social media posts, choose something from the platform’s library or a royalty-free track.
3 Tips To Protect Your Work From Infringement
Make sure your content is protected
Watermark your photos or put a copyright notice on your blog or website.
Take the time to learn about your rights as a content creator and have a strategy for responding to any copyright infringements. Don’t hesitate to act if your rights are violated, for example sending a cease-and-desist letter or filing a copyright claim.
Get legal assistance
Besides having a strategy to respond to copyright infringements, you may also want to partner with an intellectual property attorney who can provide you with tailored legal advice.
At Sanchelima & Associates, we can properly register your copyright and trademarks and develop a strategy to protect them. In the event of infringement, we can help you pursue legal action, whether it’s negotiating a settlement or filing a lawsuit.
Include a copyright clause in contracts and agreements
Always have a contract when collaborating with a brand or other creator. Before signing any kind of agreement, be sure the terms cover copyright. The contract should clearly indicate who owns the content, what can be done with it, and under what conditions it can be used.
If You Need Consulting Regarding Intellectual Property Protection For Digital Content, Sanchelima & Associates Can Help
Sanchelima & Associates, P.A. is one of the leading intellectual property law firms in South Florida. With over 40 years of experience, we have represented the IP interests of a wide array of businesses in the US and abroad, including Fortune 500 companies. Whether you need a consultation or prosecution of a patent, trademark, or copyright, we can protect your business’s interests.
Contact us to book your consultation!
