Someone once said, “Imitation is the most sincere form of flattery.”
And maybe that’s true when it’s your best friend copying your cool outfit or a stranger asking for your photo of your hairstyle. But clearly whoever said that wasn’t a business owner.
I see you out here pouring your blood, sweat, and tears into building a business that you’re proud of. Always pushing yourself to think outside of the box, and bring fresh ideas, and innovative solutions to your people.
The last thing you want to happen is for another business to rip off your work and show it off as their own.
Luckily for you, the law has your back. 💁🏼♀️
And as your friendly neighborhood business attorney, I’m here to tell you that taking action against copycats isn’t a mean girl move. You can and should do what you must to protect your business.
Do you have a copycat on your hands? Here are 5 steps you can take to protect your biz!
Step 1: Register your work for copyright protection. The good news is that copyright protection goes into effect as soon as you publish your work! But in order to pursue any legal action, you’ll need to REGISTER YOUR COPYRIGHT so you won’t be liable for any fees or damages.
Step 2: Notify the copycat. As frustrating as it is, sometimes copyright infringement is an honest mistake. If you discover that someone is copying your work, you can shoot them a message letting them know that you’re aware of it and that it’s protected under the law. Aka “Swiper, no swiping!” More often than not, any mention of legalities is enough for them to scurry away and take it down. 😉
Step 3: Ask the hosting website to take the material down. On that note, you’re protected under the DIGITAL MILLENNIUM COPYRIGHT ACT and you can ask the infringer directly to take the content down. No one wants to get sued, so this is usually an easy ask!
Step 4: Hire a lawyer to send a cease and desist letter. If the mention of legal action doesn’t turn your copycat into a scaredy cat, it’s time to actually take action. HIRING A LAWYER to send a cease and desist letter threatens a costly lawsuit in an official manner. It might not be as exciting as splurging on a new outfit or a trip to Mexico, but it’s worth it for your business.
Step 5: Buckle up for a lawsuit. If it escalates further and the copycat refuses to take down the content, it’s time to buckle up for a costly lawsuit. Make sure to discuss with a lawyer if it’s financially worth it! Starting the process is expensive and quite frankly migraine-inducing, but sometimes it’s the right move!
It’s no secret that the online world is like the wild wild west. You never know who is lurking around the corner, trying to capitalize on your hard work! The best move you can do for your business is to make sure it’s protected before anything happens. So if the time comes, you’re armed and ready to claim what is yours.
If you haven’t yet, grab my free START-UP LEGAL GUIDE! It breaks down everything you can do to legally protect your biz from the start.
Always cheering you on!
XO Berkley