In part 2 of my interview with lawyer Christina Scalera, we talk copycatting and branding.
We also discuss the Digital Millennial Copyright Act and how it can help you protect photos of your work.
If you have any legal questions after listening to either of these 2 episodes, please leave them in the comments below!
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Quote and highlights from this episode:
- When you and another maker have a design that is very similar this falls under copyright.
- Copyright infringement focuses upon two elements: access and similarity.
- Access refers to previous contact with the design. This can be as little as subscribing to an email list or pinning an image on Pinterest.
- Check for similarity between the two designs – if it is uncomfortable for you it is probably uncomfortable for them.
- If the access and similarity check reveals someone has unconsciously inspired you take the design down.
- “There is nothing wrong with inspiration whether we forget that we are actually being inspired” {Christina}
- “If you see someone and you think they have copied you – just let it go and move on” {Jess}
- Branding is important – tie your shop listing and designs back to your brand.
- “It is easier to protect a brand than all of your designs” {Christina}
- Your brand, logo, name, email lists are brand assets that you are building.
- The “Digital Millennial Copyright Act” covers product photography. For example if something pops up on Pinterest, as the copyright holder you can request its removal.
- If you find unauthorised use of your content try communicating directly with the person first. Keep to the facts, remove emotion and ask that the image/content be taken down.
- Jess shares her experience with her content being used without credit or consent.
- “Take screenshots of everything that preserves the date and time.” {Christina}
- To see where your images are being used use images.google.com
- Watermarks are a personal preference – consider how the inclusion impacts on design and the message it conveys about trust to your audience.
- Get Christina’s free guide: Legit Profits
- And check out her website here: The Contract Shop
Download or listen to this episode.
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