| Friend,
Alright, so let's talk about what you can do when someone violates your copyright.
Make Sure You Can Prove It
First off, you need to make sure you can PROVE your copyright. Remember, your copyright goes into effect as soon as you publish your work in some tangible form.
So, the easiest way to prove copyright is to publish your works in some public format. For example, on the web. Yes, that's right - as soon as you publish original content on the web, it's protected by copyright.
That being said, you don't actually have to publish something publicly to enjoy the protection of copyright under U.S. law. Even if you create it and keep it on your hard drive or on your office shelf, if someone steals it then you have every right to defend your copyright for that content.
Just make sure you can prove the date of publication or creation. The simplest way is to get someone who is not related to you to read it or view it. Then, you have a witness that the content was published or created on "X" date.
Put Them On Notice
Now, the second thing you need to do after you publish is to use copyright notices. Every single page of your website should have a copyright notice on it.
"This website and all contents copyright 2015 Michael Massie. All rights reserved." "© 2012 Master Ken." Or something similar. Just be sure to use the date of the original publication of that content.
It should be noted that U.S. law no longer requires the use of a copyright notice. However, it still serves to put the ignorant and uninformed on notice that you are actively asserting your copyright. So, use it anyway.
What To Do After The Fact
Okay, so someone takes your original content and publishes it on their own website, or uses it in some other way. What do you do?
The first step is to contact them directly by sending them a cease and desist letter. This letter typically follows certain legal conventions, and you can either hire an attorney to write and send one for you, or you can use a legal aid service to help you draft one
Currently, the two most popular legal aid services online are Legal Zoom and Rocket Lawyer. Legal Zoom actually offers an attorney access plan for about $25 bucks a month, and it includes one attorney-drafted letter. That's much better than the $250 bucks I spend every time my attorney has to intervene on my behalf.
Now, you can also draft that letter yourself using some research and common sense. Regardless, make sure it's sent registered mail, signature and return receipt required, so you have proof they received it.
DMCA Notices
If they publish your content online, you also have a few more options. The first option is to contact their webhost with a DMCA notice (Digital Millennium Copyright Act) informing them of the copyright infringement, and requesting that the content be taken down. Make sure you follow the rules for DMCA notices, otherwise your letter will be ignored.
You can also contact Google, YouTube, or whoever with a DMCA notice, and ask that the offending page or pages be removed from their search engine results and sites. This is often your only recourse when your content has been pirated, since the folks who pirate content are very skilled at hiding behind a keyboard and monitor.
Keep Records
It's very important that you keep detailed and thorough records of the infringement. Screen shots, notes on dates and times that it was brought to your attention, etc. You'll need that information if you have to take it to court, and the more detailed your case, the more likely you'll win.
"I'll Sue You!"
Finally, if all else fails you can sue the person who violated your copyright. However, lawsuits are expensive. You're probably much better off hiring a law firm to harass them into taking down your content.*
Hey, I don't like using attorneys to strong arm people either. But, if you don't assert your copyright and defend it at the earliest opportunity it can lead to multiple infringements. And, it will be a lot more work (and a lot more expensive) to clean that mess up after the situation snowballs.
That about wraps up this series on copyright. Next week I'm going to talk about false beliefs that can kill your dojo...
So, stay tuned for that - you won't want to miss it.
Until next time,
Mike Massie MartialArtsBusinessDaily.com
P.S. - *Usually all it takes is a letter from an attorney to take care of it. However, most attorneys will want to get paid like a first-round draft pick. So, be prepared to pay several hundred dollars in attorney fees to get them to handle it for you.
P.S.S. - You can sometimes get an attorney to handle your case on contingency, which means you'll pay a smaller up-front fee and then split whatever monies you receive from the offending party with the attorney (should the offending party choose to settle out of court, or if you win a court settlement). But, you better have a solid case to go this route. No attorney will handle a case on contingency unless he or she stands a good chance of winning. Just an FYI.
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