What if someone copies my work?
There is a common misconception that “publicly available” means “not copyrighted”. This is simply not true. Just because you can find something online, or in public, does not mean that you can make copies of it without the owner’s permission – especially if you intend to use those copies for commercial gain. The owner’s consent should always be sought if you are uncertain.
Copyright infringement proceedings are expensive to initiate and defend. Most cases settle out of court, which means we don’t have as much case law as territories like the USA. There are some things you can do to make sure the initial stages of an infringement claim or attempt to settle go your way:
- Contact the infringer as soon as you find out about the infringement.
- Clearly set out your rights.
- Clearly set out your expectations and a deadline for response.
- Don’t be afraid to make clear demands for the infringement to stop and payment to be made in order to compensate you for damages caused to you, or undue profits they've received.
- Don't feel scared of contacting an intellectual property specialist - they tend to take a keen interest in cases like these and you might find they can help to achieve a result more efficiently than you expect.
- Most of the time, it’s easier to settle without creating a splash in the media (no one wants to be publicly humiliated for their wrongdoing). But sometimes, the court of public opinion is needed. Head over to our social media pages to report the problem and we’ll let you know if we can help spread the word.
*Please note that while we have taken care to review this publicly available information, none of it is provided as legal advice, and we cannot guarantee its accuracy or applicability to your situation. Please check back from time-to-time for updates.