My work was copied, now what?

It’s an experience no artist wants to have, but it's far too common. You are out in the world, or looking at your feed, and boom– that looks an awful lot like your work. No one asked your permission. No one gave you a warning. No one paid you. It can be hard enough to get the credit and compensation you deserve without a cheap imitator stealing your ideas. You’ve just discovered someone has stolen or copied your work, now what do you do?

First: Collect information.

Gather screenshots and links and store them in a safe place. Have someone, not you, buy one of the copies so you have a concrete example of the work being stolen. Eventually, this person may be able to sign an affidavit affirming that the work existed, which will help if things go to court.

 Try to determine exactly who is responsible. Can you find a company name or contact information? Where has this been made public? Consider the platform and distributor. If someone has used your image on a made-to-order mug, the company that produces the mugs likely has its own infringement policy. This may be extra ammunition to get the infringer to stop what they're doing. 

 Second: Is it time to get a lawyer?

Once you have collected all of the available proof that this person or entity is infringing upon your work, consider your ideal outcome. Do you just want to thief to take down an image online? Have products with your image or design been sold in the marketplace, potentially confusing your customers?

Consider these 3 key points:    

• Who is ripping you off? Are they an independent designer, a big brand, or a large international corporation?

• What is the level? Is it a small sign inside one store in one city or nation-wide campaign in in every department store across the country? Are bootlegs being sold? Did they steal one element or is the copy shot-for-shot?

• Who am I? How important is this design to your core brand, your career, or your practice?

The context of the problem and what you hope to get out of it should inform how you contact the copycat. If you reach out directly, state in writing that you are the owner of the work and you would like them to immediately stop using your materials.

If the infringement is significant enough to be a serious threat to your brand or your bank account, it may be time to escalate. One indicator of when it is time to stop fighting this on your own is if production of the product or use of your images increases or expands.

 Third: I’m ready for a lawyer, what now?

A letter from a lawyer can carry more weight than an email or direct message from an independent artist. It also shows you are serious.

There are two kinds of letters a lawyer will send and they each seek to accomplish different goals:

• We notice what you are doing and will be watching. Be aware of our rights.

• Stop or we will seek further action.

 Both letters can communicate that the person infringing is in the wrong and that they’ve been caught. Generally, you don’t want to send a letter threatening further action unless you are prepared to back it up.

If your work is protected under copyright, then there are much stronger protections including possible waiver of legal fees. This means, if someone is infringing upon you, you may take them to court and THEY will be required to pay YOUR legal fees.

 If you are unprotected under a copyright, there are 2 common options:

• You may still publicly condemn the theft and leverage the court of popular opinion to pressure the infringer to stop. You should consider your reach, who might amplify your story, and possible consequences of going public.

• You may file for an injunction in court which would force the party to cease its operations. Keep in mind going to court can be a strenuous and expensive process with no guarantee of success.

Fourth: What can I can do to prevent this in the future or protect myself before this happens to me?

Copyright. To own a copyright of a work is to own the exclusive right to copy and authorize others to use the work. If someone is reproducing, selling, or publicly displaying your work without your permission and you have a copyright, you are entitled to take them to court.

You can copyright any original work including literary (including computer programs), dramatic, musical, architectural, choreographic, pictorial, graphic (including websites), sculptural, and audiovisual presentations (including movies and videos). Copyright covers both published and unpublished works. In some cases, like photographs, you can file several works as a batch to cut costs.

 If you have a registered copyright for your work, you unlock 2 key benefits:

• Attorney’s fees. If you go to court and prove that someone is infringing upon your work, the infringing party is required to pay your legal fees as a part of your compensation.

• Statutory Damages. The law dictates the penalty fee for infringement may be up to $150K, regardless of how much the infringement only cost you. You may be eligible for significant damages beyond reimbursement for your legal fees.

In short, it's important to know you do have options. There are a number of steps you can take to combat someone stealing your work and prevent it from happening again. Infringement happens far too often and is overlooked across too many industries. If your work is profitable and well known, protecting it is a great way to make sure your work stays your work.