Stolen Content? What to Do When Someone Uses Your Intellectual Property
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As a creator, your intellectual property (IP) is one of your most valuable assets. Whether you’re an influencer, content creator, small brand, or artist, having your work stolen can be frustrating and financially damaging. Fortunately, there are legal steps you can take to protect your rights and hold people accountable.
Step 1: Identify the Infringement
The first step is confirming that your work has been used without permission. IP infringement can take many forms, including:
Someone reposting your content without credit or authorization
A company using your images, videos, or text in advertisements without permission
A competitor copying your logo, branding, or product designs
If you believe your work has been stolen, document the infringement by taking screenshots, saving URLs, and collecting any evidence that proves unauthorized use.
Step 2: Check Your Copyright or Trademark Protections
Having formal IP protections strengthens your case. Here’s what to consider:
Copyright: Protects original works of authorship, including photos, videos, blogs, and artwork. Your work is automatically copyrighted upon creation, but registering it with the U.S. Copyright Office provides additional legal benefits.
Trademark: Protects brand elements like brand names, logos, slogans, and unique product names. If you have a registered trademark, it’s easier to enforce your rights against infringers.
Why a Trademark Matters
If you have a registered trademark, it is much easier to take legal action against those who misuse your brand identity. A trademark gives you exclusive rights to use your brand name, logo, or slogan and makes enforcement more straightforward.
However, if you do not have a trademark, you might not have enforceable rights over your brand name or logo. Without a formal trademark registration, proving ownership can be challenging, and you may have limited legal recourse. This is why it’s crucial to protect your brand by registering a trademark—it ensures you have legal standing to act against infringement and prevents others from capitalizing on your hard work.
Step 4: File a DMCA Takedown Notice
If your work has been used online without permission, you can file a Digital Millennium Copyright Act (DMCA) takedown notice with the hosting platform (e.g., Instagram, YouTube, a website’s hosting service). Most platforms have procedures for handling copyright claims and will remove infringing content when presented with proper documentation.
Step 5: Send a Cease and Desist Letter
A cease and desist letter is a formal request asking the infringer to stop using your work. This letter should:
Clearly identify the infringing content
State your rights to the work
Demand removal of the infringing content
Set a deadline for compliance
Warn of legal consequences if they do not comply
A letter from a lawyer often carries more weight and can prompt faster action.
Step 6: Consider Legal Action
If the infringer refuses to comply, you may need to escalate matters legally. Your options include:
Filing a lawsuit for copyright or trademark infringement (especially if you’ve registered your IP)
Seeking damages for lost income or reputational harm
Working with an attorney to negotiate a settlement
Intellectual property theft is a serious issue, but you don’t have to handle it alone. By taking proactive legal steps—securing copyright and trademark protection, sending formal notices, and consulting an attorney when necessary—you can safeguard your creative work. If you’re facing IP infringement and need legal support, our firm specializes in protecting influencers, talent agencies, and small brands.