In last weeks class our group discussed aspects of intellectual property and copyright. It became evident from the offset that none of us had substantial knowledge on Copyright and what to do if the case arises where someone has stolen your work. One of our classmates; Q shared her experience with us. She explained how she saw one of her photo’s in an advert for a very popular clothing brand and had not given any permission to the company to use it. On that note our mentors assigned us the task of researching the area of intellectual property and copyright so we could be well prepared if we ever found ourselves in a situation like Q’s.
Intellectual property is defined as; “A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes” (Thefreedictionary.com, 2012). The key term here being copyright property such as literary or artistic works. As we are all students of various creative courses, our product is primarily intellectual property of some sort, it is essential that our work is protected.
At the bare minimum the creator should put the following phrase at the bottom of their work; Copyright (Year) (Legal Name). All Rights Reserved. This may not suffice, To have an enforceable copyright, the creator should file their work with the copyright office. This gives you protection legally but seen as intellectual property theft is classed as a civil matter and not criminal it is advisable to use other deterrents of theft on your work. Monitoring programs like Copyscape or Google alert are useful as they monitor the web for copies of work you have kept on the net.(freelanceswitch.com)
So it has come to your attention that someone has copied your work. The first step should be to take a snapshot of the copied work and print a hard copy, this will be essential if legal action is taken. You should then send an email to the offender asking the person to remove it. If this doesn’t work try get the offenders mailing address through their website and send a formal letter reiterating their misconduct. After that stage, you could file a notice of Digital Millennium Copyright Act (DMCA) infringement with Google and the other major search engines.(freelanceswitch.com). It is quiet a bit of work but if successful the offenders website will be removed from the search engines thus damaging his website’s hits count and credibility heavily. If this fails to work you have to weigh up the costs of taking a civil case to courts versus the value of the work stolen. Its a harsh reality but nobody can afford to be bankrupt in pursuing a case.On a lighter note I feel It has been very beneficial researching this topic and I feel as a student of the creative industries, it will prove very useful in future career paths.
Sources:
http://www.thefreedictionary.com/intellectual+property
http://freelanceswitch.com/freelancing-essentials/what-to-do-when-someone-steals-your-work/