24 August 2023
Someone Using Your Content Without Your Permission?
By Naomi Korn, CEO
It can be upsetting if you become aware of someone using your work without your permission. However, the good news is that as the copyright holder, the law will be on your side. This means that the onus will be on them to prove that they either have your permission to use the work, or that they can justify the use of your work under an exception to copyright.
Once you have contacted them, if you are not satisfied with their response (or even their lack of a response), you can politely request that they stop using your work (and/or take down the work), refund you any monies that that they may have made plus damages and instruct anyone else that they have allowed to use your work to stop.
You might also consider allowing them to continue using your work in return for a retrospective licence fee and/or appropriate attribution. If you can resolve the issue easily, that is advantageous because legal action can be expensive and stressful with the possibility that the outcome may not be exactly what you want.
The UK’s Intellectual Property Office (IPO) suggests mediation as a possible next step before any legal action. If you are concerned about infringements, you might also want to consider joining an organisation like DACS who will represent your copyright and follow up on any infringements.
At Naomi Korn Associates we can help you with the rights management, protecting your rights and supporting you in understanding the copyright legislation. We offer a range of copyright support services to help you with your responsibilities so that you can managed your resources legally, safely and strategically. We also provide downloadable resources, operational tools and templates, jargon-free advice, practical training and mentoring to ensure you can understand how copyright works in practice, on a day-to-day basis and within your specific context. For more information contact info@naomikorn.com.