Disclaimer: This article on protecting intellectual property rights as a web publisher and freelance writer is for informational purposes only. Don’t use it in place of legal advice. If you have concerns about intellectual property rights, consult an attorney.
If you’re not already taking steps to protect your intellectual property (IP) rights as a web publisher and freelance writer, then there’s no time like the present.
By safeguarding your content, you’re reducing the risk of potential financial and legal issues. Putting in the effort now could help prevent lost revenue and legal complications in the long run.
Find out what web publishers and freelance writers need to know about protecting intellectual property:
Intellectual property refers to what you create with your mind. So, as a content writer, the articles and blog posts you create often fall under the broad category of intellectual property.
The most important subcategories of IP for freelancers and publishers include:
The trademark and patent types of intellectual property are typically less common for freelance writers and web publishers. So, unless you have these, copyright is often the main focus for IP among writers and web publishers.
When it comes to your original content, you automatically own the copyright (you don’t have to apply for it). The exception is if the freelance writing contract you sign gives the copyright to the clients.
If you want to enforce copyright for your work, you’ll need to take things a step further.
There are two main ways that freelance writers can formally protect their intellectual property — a freelance writing contract and registering with the proper authorities.
This one is especially important for copyright. As previously mentioned, you receive automatic copyright protection for your original works. Unless, of course, your freelance writing contract states otherwise.
If a client has specifically asked you to create an article or blog post for them, then they’ll likely want the exclusive right to that content. The only way they can do this though, is if you sign this right away in your freelance writing agreement.
Without a written agreement, you are the copyright owner by default.
If you want to hold onto the copyrights for your content, specify that you will not be giving a client copyright in your contract (discuss the contract with a lawyer for specific legal advice).
Note: Automatic copyright doesn’t offer complete protection. As with trademarks and patents, you’ll need to register it for full legal protection. To discuss automatic copyright in regard to your work, speak with an attorney.
If you want the most protection possible for your IP, including copyright, then the best thing to do is register it with the appropriate department. This would be either the US Patent and Trademark Office (USPTO) or the US Copyright Office.
Registration is a little different for each type of IP. Generally speaking, the process looks something like this:
The entire process can take some time, but receiving official legal protection for your work is often worth it. This is especially true if you need to enforce your intellectual property rights.
Here are some strategies to prevent people from using your content.
Don’t worry — you don’t need to keep an eye on the entire internet. You can use plagiarism detection tools to help you out. A plagiarism checker compares your original content to countless other articles and blog posts in its databases. If it finds a match, it can help narrow down potential IP infringement.
Before taking formal action, you could reach out to the infringer. With so much content available online these days, maybe it was a complete accident on their part. If they take it down or get the appropriate license to use it, that’s great. If not, consider other options.
A more formal way to let someone know they’re infringing on your intellectual property rights is to send a cease and desist letter. Basically, this letter asks them to stop using your IP and outlines what will happen if they refuse. For details on how to send a cease and desist letter, consult an attorney.
In the case of digital copyright infringement, a Digital Millennium Copyright Act takedown notice may be the way to go. This way, you’re going through the service provider hosting your content, not the infringer themselves. Once the service provider hosting the infringing content receives a DMCA notice, it’s their job to remove it.
If none of the other options work, then it may be time to take legal action. Consult a local lawyer if you are considering this course of action.
Protecting intellectual property (IP) rights as a web publisher and freelance writer is essential for maintaining control over your work. Without it, people may be able to take and distribute your content however they like, resulting in financial losses and possibly even reputational damage to your brand. Review your IP, register it accordingly, and consult a lawyer for legal advice when necessary.
