Protecting Your Work from Copyright Infringement

In the digital age, creators frequently share their work online, whether it's photography, illustrations, or written content. While the internet provides a platform for showcasing talent, it also poses risks related to copyright infringement. Many creators mistakenly believe that they must register their copyrights to secure their work. However, this is not entirely accurate in the United States.

Understanding Copyrights

Copyright is a legal concept that grants creators exclusive rights to their original works. In the U.S., copyright protection is automatic as soon as a work is created. For instance, if you take a photo or create a piece of artwork, you automatically own the copyright to that work—no registration needed.

Although registration is not necessary, it offers specific advantages. For example, registered works allow creators to sue for statutory damages in Federal Court (the legal court with IP jurisdiction), with damages than can reach up to $150,000 per infringement. This is a significant incentive for many artists. However, for those just starting out, the automatic protection often may suffice. Another great option available for US residents (against US parties) is the Copyright Claims Board (CCB). This path only requires the work to be SUBMITTED, which is surprisingly simple, affordable and does not require an attorney.

The Role of the DMCA

The Digital Millennium Copyright Act (DMCA) plays an essential role in safeguarding creators' rights in the online realm. A core feature of the DMCA is its requirement for online service providers (OSPs) to remove infringing content upon receiving a valid takedown notice. For example, if a blogger uses your image without permission, you can file a DMCA notice with the platform hosting the content. In fact, a significant majority of reported takedown notices result in swift action to remove the infringing material. It's free, and every online service provider operating in the US must (1) adhere to the provisions of the Act, (2) identify how to submit a takedown notice, and (3) how it's DMCA agent can be reached.

The FLH Creators Program

There is a significant amount of material to cover on how to protect your copyrights and I've put together a guide reviewing several considerations and options available for creators. This information is included in the FLH's Online Creators Program. IMPORTANT NOTE: I am not an attorney, nor can I provide legal advice. The information provided is widely available for those who are interested in researching it themselves.