How can I protect my intellectual property from theft?
September 16, 2022 | 40,00 EUR | answered by Chloé Tressel
Dear copyright lawyer,
My name is Uwe Reuter and I work as a freelance graphic designer. Lately, I have noticed an increasing number of instances where my work is being used on the internet without my permission. This includes logos, illustrations, and designs that I have created for various clients. As my work is my intellectual property and my livelihood, this unauthorized use is causing me great concern.
I have already tried contacting those who are using my work without permission and holding them accountable. Unfortunately, I have found it difficult to take action against these infringements, as the evidence is often challenging to gather and the perpetrators are often located overseas. I fear that this theft of my intellectual property rights is jeopardizing my existence as a graphic designer.
Therefore, I would like to ask you what measures I can take to effectively protect my intellectual property from theft. Are there legal steps I can take to address those who are using my work without permission? What options do I have to defend my copyright and protect my intellectual property?
I would greatly appreciate it if you could provide me with concrete solutions and recommendations to protect my rights as a creator and curb the theft of my work. Thank you in advance for your support and professional advice.
Sincerely,
Uwe Reuter
Dear Mr. Reuter,
Thank you for your inquiry regarding the protection of your intellectual property as a freelance graphic designer. It is unfortunate that you have noticed an increase in the unauthorized use of your works on the internet. As the creator, you have the right to protect your intellectual property and take action against the unauthorized use of your works.
To effectively defend your copyright and prevent the theft of your works, there are various measures you can take. First and foremost, you should ensure that all your works are clearly marked with a copyright notice to document your authorship. This can show potential users that the works are your intellectual property and they must seek permission before using them.
I also recommend regularly searching the internet for unauthorized uses of your works. There are specific tools and services that can assist you with this, such as Google Image Search or copyright infringement tools like Tineye. If you discover unauthorized uses of your works, you should contact the individuals or companies involved immediately and request them to cease the usage. You can also inform them of the legal consequences that may arise if they continue to use your works.
If it becomes necessary to take legal action against those who are using your works without permission, there are various options available to you. For example, you can have a lawyer send a cease and desist letter, in which the unauthorized use of your works is addressed and a declaration to stop the usage is demanded. In the case of a legal dispute, you can also claim damages.
It is important that you seek professional assistance in defending your copyright to best represent your interests. As an attorney specializing in copyright law, I am here to support you in effectively protecting your intellectual property. Please do not hesitate to contact me for a detailed consultation.
I hope that my advice will help you in defending your copyright and wish you success in enforcing your rights.
Best regards,
Chloé Tressel, Attorney specializing in copyright law
