Intellectual property (IP) infringement happens when another party violates the rights of the IP owner. It stems from violating protected intellectual rights, and IP rights are bestowed on an inventor or creator for works of originality. This infringement pertains to patents, copyrights, and trademarks.
Such things allow inventors or creators to sue people who infringe on their IP rights, enabling owners to stop the infringement and collect damages from the violation. In addition, the violation of IP rights covers the misappropriation of trade secrets and can be a violation of civil or criminal law in some cases.
With the expensive cost of violating IP rights, it’s crucial to take steps to verify your business isn’t using protected content. Businesses must prioritize trademark registration or check the trademark database to ensure a logo, product name, design, and brand aren’t already registered.
To avoid IP infringement, here are the things you should consider:
- Create Original Music Or Images In Advertisements
Businesses may use freelancers or in-house staff to make original graphics, music, and content for their marketing materials. However, when hiring freelancers, it’s crucial to include in the contract that all rights to the end product should belong to your business. Otherwise, they might register the materials themselves and file a lawsuit against you.
- Consider Buying Copyright-Protected Content
Buying copyrighted content is another way to avoid IP infringement, allowing your company to avoid legal hassles. It can be a good idea if you’re walking on a tightrope between overspending and overbudgeting as well. It’s because sometimes spending on resources is much better than paying a fortune to ward off penalties and lawsuits.
There are numerous websites where you can buy content at an affordable rate. However, choose reliable websites to avoid issues over time. If you don’t know where to buy content for your needs, spend some time researching online. Compare the options and read reviews from previous customers.
- Consult A Lawyer That’s An Expert On IP
IP is a complex aspect and failure to understand how it works and what it is may result in serious legal consequences. To avoid IP infringement, never hesitate to consult an IP lawyer to ensure that you comply with the law when planning to use any content.
In addition, hiring an IP lawyer is beneficial in other ways. For example, you can work with an IP lawyer for due diligence, which helps assess the quality and quantity of your assets or what’s licensed under your name. The process may help maximize your company’s intangible assets too.
Plus, lawyers can help protect your IP from any infringement by registering your idea, design, artwork, or technology through its respective patent, copyright, or trademark. Although it might not be enough to deter anybody from infringing on your idea, it’s crucial to consult an IP lawyer for better IP protection and to help update and maintain your IP rights.
- Get Appropriate Licenses From The Copyright Holders
If you want to use registered materials, getting appropriate licenses and written consent from the rightful owners is vital. Without consent and license, you must never use protected content.
To obtain appropriate licenses from the owners, here are the things you should do:
- Know What You Need
Knowing what you wish to do with the work is essential before contacting the copyright holder. What you want to do with work may impact what the license costs and who can give the license to you. The rights for several works are split among various copyright holders. This is common for film and music.
Knowing what you need before looking for the copyright holder saves you from getting another license. For instance, if you’re requesting permission to use images in journal articles, check with the publisher first to ensure you obtain the rights the publisher needs.
- Determine The Copyright Holder
You’ll need to know the copyright holder or somebody who can give the license on the holder’s behalf to get permission. This process is easy, but it may vary from one industry to another. Case in point, photographic rights are typically owned by stock photo organizations, while most music performance rights are often owned by performing rights societies.
- Send Your Request
Once you’ve found the rightful copyright holder, you need to send a request. If possible, make your request based on what your licensor prefers. Some major copyright holders prefer to receive requests via web form or email. If there’s a deadline you need to meet, include it in your letter. This will improve the chances of getting quick responses. Remember that acquiring licenses may take time, so it’s best to begin as early as possible.
- Keep Records
No matter what license you want to get, always keep records. Try to keep a copy of your correspondence, particularly the license itself.
Acquiring appropriate licenses doesn’t need to be complicated. By following the abovementioned tips, you can easily get the licenses you need for the material.
- Use Royalty-Free Media
The other way to prevent IP infringement is to use royalty-free media. While it can be tempting to use quality images from various sources without checking whether or not they’re legally available to use, the legal consequences of IP infringement are difficult and costly to deal with.
The good thing about royalty-free media is that it’s available online and often not subject to the same restrictions of IP. It means you won’t get into legal trouble when you stick with royalty-free media.
Do keep in mind that some royalty-free media types have different requirements for usage. To avoid any issues, check the license requirement of your preferred royalty-free media before you use one. In addition, royalty-free media can be used freely without reprisal. But you must give credit to the creator whenever you use the content.
Aside from helping you avoid licensing issues, royalty-free media may help attract your target audience online. The quality of royalty-free media may help your brand stand out. Posts paired with royalty-free media are more appealing to everyone, making them keep coming back for more content from your business. Once you do this consistently, your site traffic may grow over time.
Wrapping Up
Regarding IP rules, it’s vital to consider your legal rights and obligations. Don’t leave IP problems a chance because they’re not worth the risk. If you don’t want to pay expensive penalties and inconvenience, use the above ways to avoid IP infringement. Moreover, if you want to know more about the legal aspects of IP, always consult your lawyer.
Leave a Reply