Nervous and scared to post your work online because you are afraid it will get copied? How can you protect your online content?
The short answer is the only way to protect your online content, is by not posting it. But this is an unrealistic answer. Because in most cases, you have to post online to run a successful, thriving business.
But rather than using a watermark, I suggest you protect your content by doing five things:
- register your copyrights
- reduce accessibility
- monitor your content
- take action when necessary
- trust in your ideal client or customer
Watch the short version | Read the long version
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Video Links
- Want to learn why copyright registration is critical to stopping copycats? Read the post on why copyright registration turns a flyswatter into a baseball bat.
- Want my help registering your copyrights? Then learn more about my copyright registration course here.
- Learn more about the artist’s Courtyard membership community here.
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The reality is that any time you post content online you have to do with the knowledge that someone might use it.
Many times this is done not for profit, but because most people don’t understand that everything posted online isn’t free to use. And in the majority of these cases, it’s not worth doing anything other than giving them a heads up about how you like to be credited.
But sometimes it will be done for nefarious purposes: to make money off your work, to pass it off as their own, to copy it, or to plagiarize it.
And these are the kinds of situations you want to try to limit and protect yourself from.
So what can you do to protect your content online?
Let’s start with the fact that the only way to protect yourself is to not post your content online. But not posting it is unrealistic and a good way to prevent anyone from knowing, loving, and buying your work. It’s a good way to end your business.
To build your business, you have to post online.
And you have to do so knowing that it might be used without your permission.
Many creatives feel frustrated or like they should have done more, because their work was used without their permission, but you’re not the problem! The copycat is!
Why watermarks aren’t the solution
As long as the internet has been around, creatives have been told that watermarks are the best (maybe even ONLY way) to stop copycats from stealing your work.
But every time you turn around, another creative’s work is copied (and some of them include watermarks).
I think most of this advice is coming from a place of good intentions. But most watermarks can either easily be cropped out or removed by those with decent Photoshop skills.
I don’t think watermarks are the best way to protect your online content.
In fact, I think it’s an easy out that actually does your business a disservice.
I understand the premise of why it’s done. It’s done because they know, just like I do, that it’s only a matter of time until someone uses their imagery without their permission.
But a huge watermark only discourages people from interacting with your content. It discourages sharing.
And if you are trying to sell artwork that’s got a huge watermark on it, it makes it even harder to sell. Because it makes it hard for your customers to visualize how your work would look in their home.
Watermarks are visually distracting and unappealing.
That being said, the removal of a watermark gives your attorney another thing to sue over. But under the law, a discrete watermark is just as effective as something that takes up the whole image.
Don’t get me wrong, I’m not opposed to a small watermark in the corner of an image. But if you want to go that route, I encourage you to look at the watermark from the viewer’s perspective. And ask yourself, with this kind of watermark:
- Will they be able to make a purchasing decision?
- Will it detract from their desire to purchase my work?
- Will it deter legal sharing and exposure of my work?
If the answer is yes, then modify your watermark until it’s no longer a distraction.
So what can you do to protect your online content? Fortunately, there’s a better way. Instead of slapping a watermark on, try something else.
Because wouldn’t you rather spend your time doing something that feels like it’s attracting more of your ideal clients and customers, rather than worrying about a nasty copycat that you’ll never be able to stop?
Well, now you can. And it doesn’t have to be confusing or overwhelming.
A better way to protect your online content
Instead of using watermarks, there are five other things you can do to protect your content online:
- register your copyrights
- reduce accessibility
- monitor your content
- take action when necessary
- trust in your ideal client or customer
#1: Register your copyrights
In the United States, copyright is automatic.
However, if you don’t register your copyrights in the two magic windows, it’s really hard to enforce your copyright. It’s like taking a flyswatter into a fight. It might annoy the other side but isn’t very powerful.
And that’s because the United States provides two huge value-adds for registering your copyrights in the two magic windows.
These benefits are that your copycat:
- won’t pay you only what you can prove you lost financially because of the copying
- pays your attorney’s fees and costs
Basically the bottom line is registering your copyright gives you the ability to enforce it when you need it.
This is why your highest priority should be regularly and consistently registering your copyrights.
That being said, registering everything you create is unrealistic for most creatives. My personal philosophy is you should register a copyright for anything you:
- intend to monetize
- would be upset if someone copied/stole and monetized
However, to get the most bang for your buck, you need to register your copyrights before they are published.
It can be overwhelming to register your copyrights
Learn to confidently register your copyrights with the U.S. Copyright Office…even if you have tried (and given up) before!
Get access to an in-depth course guiding you step-by-step and screen-by-screen through the process of registering your copyright with the U.S. Copyright Office. You’ll go from not knowing what you are going to register to having a strategy for future registrations.
And if you get stuck, you’ll have our 24/7 online community to help you out!
#2: Reduce accessibility
The second way that you can protect your content online is by reducing who has access to it. You can limit access to your content with passwords, a paywall, or private pages. And these tools are getting more and more affordable.
For example, my membership community, the artist’s Courtyard, is protected via LearnDash LMS. There I’ve got courses, a legalese translator, and a legal library. And access to all of that content is only granted to registered users.
If you have wholesale accounts, you might have a password-protected section of your website. Where they can see line sheets, download graphics, and place an order, but only once they provide the password.
If you are doing art licensing, you can have a password-protected page that shows the artwork currently available for licensing. However, even though you are limiting who has access to this page, you probably also want to make sure they aren’t getting access to high-resolution files. Make sure this page only shows files large enough for them to view on a screen, not print them on products.
Another thing to keep in mind if your goal is to license your artwork is that some companies won’t license artwork if it’s been posted on social media. And that’s because posting content on social media increases the risk that while you’ve granted them an exclusive license, they will be competing with a Chinese knock-off. So if this is your goal, you might want to be thoughtful about what you post.
However, this solution is only practical if it passes a cost-benefit analysis. It’s probably not a good investment to spend thousands of dollars on reducing access to a free e-course. But it’s a different story to invest in protecting your:
- product photography
- illustrations available for licensing
- flagship high-value course
#3: Monitor your content
There are powerful tools to track down where else your text and visual content appears online. These tools are called reverse searching tools.
Some of these tools are automated and super easy, but others require elbow grease. At this point, I’m not aware of a tool to track down where else your video content appears. (If you know of one, tell me!)
And having a monitoring system in place allows you to assess which uses help your business and which ones cross the line and you want to stop.
Yes, these solutions add to your admin task list. However, being proactive allows you to find other uses of your content. Sure, your audience, customers, clients, friends, or family might tip you off, but they will never catch all the unauthorized uses of your content.
Don’t let this become your full-time job.
Because this is only one tool in your toolbox. And it’s important to remember that copycats can only copy, not create. You get to create, so spend your time doing that.
#4: Take action when necessary
If you’ve got a system in place to monitor (or someone tips you off), then occasionally you’ll find something that crosses your line (wherever that is). And then because you’ve registered your copyright, you can take whatever action is best.
Now taking action isn’t fun, but it’s part of your job in protecting your content.
If you feel like someone has crossed the line in their use of your content, then it’s time to decide if and how you can act.
The first step is deciding if you can take action.
Once you decide that you can take action, then you have to decide how to act.
If they are using your content online, one great tool is a DMCA Takedown Notice. (This post breaks down exactly what steps to take to submit a DMCA Takedown Notice.)
But this might not be the best tool for you to use. Sometimes you’ll need to send a cease and desist letter. Or you might need to hire an attorney.
One final note, people who steal content will continue to steal until it’s no longer financially viable. So collectively we need to call them out on their egregious behavior because if we don’t then it’ll continue to be profitable.
What’s the smartest action to take when a copycat strikes?
Learn to confidently assess when going after your copycat is worth the mental, emotional, and financial investment…and which action gives you the best chance of success!
Get access to a workshop, template, and resource bundle designed to help you start taking the smartest action today.
#5: Trust in people
Now most lawyers care more about the law, than the practicalities of running a business. But you know that I try to find the balance between the two. So yes, I want you to take the first four steps, but I also want to be realistic.
As part of this, you need to remember that copycats can only copy what you’ve already created. Copycats don’t come up with new trends. Copycats don’t put new ideas out there. Copycats only copy what’s been done.
The other part of this is trusting in your ideal customer. And trusting that what you are doing is going to resonate far better than someone stealing your stuff.
They are buying from you and have bought into your story. Price isn’t their sole consideration, so they aren’t going to run out and buy the knockoff product.
Yes, other people will, but they probably wouldn’t have purchased from you in the first place because the price is the most important factor for them.
Next Steps
To run a business today, you have to put your work online.
But watermarks are the solution. Instead, you should:
- register your copyrights
- reduce accessibility
- monitor your content
- take action when necessary
- trust in your ideal client or customer
So do the things I suggest above, but don’t obsess too much over it. Because I know full well that this process can take over your life.
If you want more help registering your copyrights, check out my copyright registration course. It’s designed just for creatives like you and walks you step-by-step through the application. (And even points out tips and tricks to not only save you money but also have the strongest registration possible!
Click here for more deets and how you can get it today! (Access starts at $45!)
Join the conversation!
Do you agree or disagree? What’s your experience with copycats? Got questions about this post? I’d love to hear them! You can join the conversation on Facebook or LinkedIn or inside the artist’s Courtyard (members only)! Not a member yet? Join us inside the artist’s Courtyard for $45/month!
Hi! I’m Kiff! I’m your friendly legal eagle (and licensed attorney).
My goal is to add ease to the legalese. And because I think basic legal resources should be available to every creative, I create a lot of free content.
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