Protecting IP Online: A Content Creator Checklist

To protect their valuable works, content creators should be mindful of intellectual property laws.  Unfortunately, there is a myriad of laws that include, but are not limited to, trademark, copyright, and rights of publicity law, which can be both daunting and confusing to non-attorneys.  

The Basics for Online Protection of IP

To be able to protect their work at a very fundamental level, content creators should focus on the basics of copyright law.  Especially as the Internet now allows content creators to quickly reach large audiences with the click of a button, this benefit also comes at a cost.  While sharing a work or having it go “viral,” may seem like a blessing to most, sometimes the spread of a work can often result in the loss of proper attribution or source credit.  As such, content creators should, at the very least, try to register a proper copyright for each new work.  Hiring an experienced attorney will greatly ease the burden of navigating the registration process alone.  

Using Existing Third-Party Work In A New Manner

If a content creator chooses to use a third-party’s work in their own work, the creator should try to secure a license from the proper creator of the work, and if that is not possible, they should try to determine whether their use of the work falls under the defense of Fair Use.

Content creators could also benefit from placing disclaimers on their websites, e-commerce shops, or, if necessary, on/in the work itself.  While such disclaimers will not guarantee an escape from liability or claims of infringement, it may help a content creator in negotiations, arbitration, or other legal proceedings. 

IP Attorneys Provide Guidance Prior to Posting IP Online

Content creators should set aside funds or allocate a budget for consulting experienced legal counsel.  This way, creators can be informed of their legal rights, have proper cease-and-desist letters drafted to be ready at their disposal, and rest assured that their attorneys will properly register their intellectual property, regardless of whether it needs to be copyrighted, trademarked, or patented.

Additionally, content creators should monitor use of their work.  Setting up simple searches through search engines, or having their attorneys set up more sophisticated alerts through watch services, will help content creators track down unauthorized use of their work and also help show that they have not given up rights to their works.  Manual reviews through popular social media sites and social networking sites are also recommended.

Key Takeaways for Content Creators Protecting IP Work Online

The Internet allows content creators to reach larger audiences than ever before.  But with this advantage comes the downside of having work often quickly shared without proper attribution.  As such, content creators can follow a quick checklist of how to protect their works by:

• monitoring social media;

• monitoring social networking platforms;

• registering their works with the proper federal agencies; and

• consulting an experienced intellectual property attorney.

You may also be interested in:

Sign up for and explore our content and thought leadership here.

About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, and transactional law).