In our last episode we discussed several factors you should consider before choosing a course of action against the thief:
- What is the extent of the harm to you? (your reputation, brand, finances)
- Can you easily identify/locate the thief?
- Is the thief making money from your content?
- Could the thief have made a mistake without realizing it?
- Could the thief be exercising their rights under the law?
The decision to claim your property must be based on a careful evaluation of the following four factors:
- Purpose of the use
- Nature of the content used
- Amount of content used
- Effect on the market for the content used
This decision must ultimately be made by a judge.
If you have decided that you need to move forward to reclaim your Goldmine, consider the following solutions:
What’s the ideal solution for you?
- The thief apologizes, removes the content from their site, and stops using it.
- The thief gives you credit and provides a link back to your site.
- The thief pays you use for the use of your content.
You’ve decided it’s time to defend your rights.
Five steps to defending your rights:
- Notify the thief via emailthat they have used your work without permission. Include in your email and offer the 3 options above. Be sure to add a deadline of at least 2 weeks for a response. Keep in mind that emails can end up in the spam folder.
- Contact the site that is using your property and ask that your content be removed. Each social media site also has a copyright infringement section with instructions to request removal.
- Hire an attorney and go to court. You can probably get a free consult, but you may find that the legal costs would far exceed what you could recoup. Do you have a strong case?
- Chalk it up to the cost of doing business and let it go.
- Contact me for clarification. (Complimentary 40-minute session )
The most important thing you can do to
Guard Your Goldmine
is to certify that your site is protected and secure from thieves.
© 2019 Barbara Ingrassia All Rights Reserved.
Information provided here should not be construed as legal advice. If you need assistance for further clarity, please consult your attorney.
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