Learn how to protect your writing from IP infringement with actionable steps for self-employed writers facing unauthorized use of their work.

As a writer and law student with an ardent interest in IPR, I find it painful to see writers waive their legal rights without knowing them! Writers have 2 types of rights- economic and moral. Here's a brief description of the rights. Economic rights: Rights to reproduce, perform, issue copies, and adapt into cinematographic or sound recordings. Every author has these rights unless and until he transfers them to someone via an Assignment Agreement. Moral rights: These rights remain with the author irrespective of any transfer. It includes the rights to claim authorship of the work and to object to any distortion and mutilation of the work.

This is critical. If things turn legal in an infringement case the most important thing are the facts. What was infringed? How much of it was? How was it infringed on? These questions are answered by the evidence, which should be accumulated and compiled in screenshots, downloads, or physical paper if necessary.

Although as a lawyer I should probably not advise this I’ve seen it work terribly efficiently… putting the copy and the original side by side in a social media post can be devastating… but you need to be very sure of yourself as you could face a defamation claim ! Again… not legal advice (it’s more akin to guerrilla warfare!)

What do you do if your intellectual property is infringed upon as a self-employed writer?

Discovering that your written work has been used without permission can be disheartening and damaging to your career as a self-employed writer. Intellectual property (IP) refers to creations of the mind, such as works of writing, which legally belong to their creator. As a writer, your IP is valuable, and it's crucial to know how to protect it and what steps to take if someone infringes upon your rights. This article will guide you through the necessary actions to address IP infringement, ensuring that your work remains rightfully yours.

1 Identify Infringement

When you suspect that your work has been copied or used without consent, the first step is to confirm the infringement. Look for substantial similarities between your original work and the suspected infringing material. Documentation is key, so gather evidence by taking screenshots, saving URLs, and noting publication dates. This information will be essential if you decide to take legal action or contact the infringing party.

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Julian Sarafian

lawyer for creators, mental health, advocate
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This is critical. If things turn legal in an infringement case the most important thing are the facts. What was infringed? How much of it was? How was it infringed on? These questions are answered by the evidence, which should be accumulated and compiled in screenshots, downloads, or physical paper if necessary.

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Sajjad Rahimi Madiseh

Business Writer & Sales Consultant
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The role of intellectual property can always happen; But this problem does not detract from my expertise and personal brand in the field of writing. A person who violates intellectual property will not achieve any success. So if you see somewhere that your intellectual property has been violated, don't worry! Google will also fine him.

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DJ R.

HIP-HOP ENTREPRENEUR
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Infringement is defaming to oneself , have some faith in your own work. You can only become better by accepting constructive criticism from others. 💯💯💯💯💯💯💯💯💯💯💯

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Muhammed Abdulraheem

LL.B || Freelance Journalist || virtual assistant || community manager || volunteer
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I will look at the area of conflict, which is the resemblance of the infringe person work and my work. also I will check the publication date to afford any unnecessary litigation. It is a very serious case in an academic parlance to infringe a copyright which is an intellectual property

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2 Know Your Rights

Understanding your rights is paramount in dealing with intellectual property infringement. In most jurisdictions, as the author, you automatically hold copyright to your written work the moment it is created and fixed in a tangible form. This means you have exclusive rights to reproduce, distribute, and adapt your work. Familiarize yourself with copyright laws relevant to your region, as they will inform the scope of your rights and the remedies available to you.

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Vishwa GB

Ex- Trainee Associate at ANM Global | LinkedIn's Top 2% Writing Voice | Media, Entertainment & IPR Laws |
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As a writer and law student with an ardent interest in IPR, I find it painful to see writers waive their legal rights without knowing them! Writers have 2 types of rights- economic and moral. Here's a brief description of the rights. Economic rights: Rights to reproduce, perform, issue copies, and adapt into cinematographic or sound recordings. Every author has these rights unless and until he transfers them to someone via an Assignment Agreement. Moral rights: These rights remain with the author irrespective of any transfer. It includes the rights to claim authorship of the work and to object to any distortion and mutilation of the work.

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Muhammed Abdulraheem

LL.B || Freelance Journalist || virtual assistant || community manager || volunteer
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I will look at the available laws that governed the infringement, in this sense I mean i will look at the laws that spelt out the wrong of the infringement and punishment for it. whether as a civil or criminal law. because equity aid the vigilante not the indolence

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3 Send a Notice

Once you've established that your work has been infringed upon, consider sending a cease and desist letter to the offender. This notice should clearly state your ownership of the work, the nature of the infringement, and demand that they stop using your material. While a lawyer can draft this for you, it's possible to write one yourself. Be firm yet professional, and keep a copy for your records.

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Muhammed Abdulraheem

LL.B || Freelance Journalist || virtual assistant || community manager || volunteer
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I will amicably warned the infringe person to make sure to desist from using the work or make further production to the work that they have already done which surely as cause damage to my own intellectual right and which i am bestowed by the legal right of law to claim damages.

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4 Online Tools

For online infringement, utilize tools like the Digital Millennium Copyright Act (DMCA) takedown notice if you're in the United States. The DMCA provides a mechanism for copyright owners to request the removal of their copyrighted content from websites. Submit a takedown notice to the website host or search engine to have the infringing content removed. Remember, this process varies by country, but many have similar provisions.

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5 Legal Action

If the infringement persists after sending a notice, you may need to consider legal action. Consult with an attorney who specializes in intellectual property law to discuss your options. They can guide you through the process of filing a lawsuit and help you understand the potential costs and outcomes. Legal action can be expensive and time-consuming, so weigh this decision carefully.

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Olivia Dhordain

OUTBOXING IP Intellectual Property Counsel specialised in the luxury industry
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If the infringement is clear and sufficiently harmful I would look into an ex parte preliminary injunction in Germany to put strong pressure on the infringer to settle fast.

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6 Negotiate Resolution

In some cases, it may be possible to resolve the issue without going to court. If the infringer responds to your cease and desist letter, opening a dialogue could lead to a settlement. They might agree to compensate you for the use of your work or enter into a licensing agreement. Negotiation can be a quicker and less costly way to settle the infringement and should be considered before escalating to litigation.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Olivia Dhordain

OUTBOXING IP Intellectual Property Counsel specialised in the luxury industry
Report contribution
Although as a lawyer I should probably not advise this I’ve seen it work terribly efficiently… putting the copy and the original side by side in a social media post can be devastating… but you need to be very sure of yourself as you could face a defamation claim ! Again… not legal advice (it’s more akin to guerrilla warfare!)

Like

What do you do if your intellectual property is infringed upon as a self-employed writer?

1

2

3

4

5

6

7

1 Identify Infringement

2 Know Your Rights

3 Send a Notice

4 Online Tools

5 Legal Action

6 Negotiate Resolution

7 Here’s what else to consider

Writing

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What do you do if your intellectual property is infringed upon as a self-employed writer?

1

2

3

4

5

6

7

1 Identify Infringement

2 Know Your Rights

3 Send a Notice

4 Online Tools

5 Legal Action

6 Negotiate Resolution

7 Here’s what else to consider

Writing

Rate this article

Thanks for your feedback

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