copyright | She Owns It

Help! How To Get Back Your Stolen Content by @samvwllc

November 2, 2017 by Samantha Vander Wielen Leave a Comment

by Sam Vander Wielen | Featured Contributor

Hi friends! So imagine you just spent all this time writing, re-writing, and perfecting your amazing blog post, email sequence, or freebie. You send it out into the universe and then BOOM! You’re the victim of stolen content. You find out someone else up and took your content, swaped your name with hers, and made it her own.

So what is a girl to do? Or what CAN a girl do?

Well, a lot actually! If you’ve put out your own original content and found that someone else stole it, you’re within your rights to ask them to remove it. Depending on what s/he did with your content, you might even be within your rights to seek damages (but that’s expensive!).

So first things first…

Confirm that the person took your own original content. Before you approach someone who you think may have stolen your stuff, take a moment to pause. Make sure that the content you’re talking about is actually yours to own. I had a client once ask that someone else remove something from her site, only to realize later that she had actually borrowed the content from someone else first.

You’ll also want to go ahead and make sure that the content you’re accusing the person of taking is yours, word for word. Yes, it’s still copying even if someone only changes a few words here and there. But make sure it’s pretty apparent that she’s gone ahead and taken your content verbatim.

Next, you’ll want to approach the person who took your content in a professional way. Of course you would, I’m just reminding you : ) The best way to do this is through email or good ole’ snail mail. I don’t suggest that you text, DM or otherwise message the person because if things escalate and become more serious, you’ll want a written trail of your efforts to contact her.

In your email or letter, you’ll want to let the person know that you’ve come across a post/handout/etc. that is a copy of your post/handout/etc. You’ll want to provide the date in which you published or posted your content and when you saw that she posted ‘hers’.

Kindly advise that you’d like the post or material removed from the site within a reasonable period of time (usually a small number of business days). Let her know that if your content isn’t removed by that period of time, you’ll seek further action.

This is what we refer to as a “cease and desist” notice. For small business owners, I usually recommend trying to handle this at first on your own. But depending on the circumstances, you may want to get an attorney involved from the outset.

Of course, if the person stole content that you sell or stole content and is now selling it as her own, you may want to consider contacting and hiring a local attorney to have her assist you in having the items removed and damages paid. Having a cease and desist letter or threat of legal action come from an actual attorney can make people do some amazing things. Trust me.

Even for my own business, I recently had someone illegally take a copy of one of my DIY legal templates. I wrote the person an email advising that it be removed and that they needed to purchase the legal template like the rest of my clients, and they did. Within minutes! Sometimes all it takes is speaking up for yourself.

So has this ever happened to you? What did you do about it? Did you ever follow-up and ask that it be taken down? I’m all ears for any questions you have!

Save

Samantha Vander Wielen

Sam Vander Wielen, attorney + entrepreneur at samvanderwielen.com

Sam Vander Wielen is a corporate attorney-turned-entrepreneur and health coach from Philadelphia. Through Sam Vander Wielen LLC, she helps women confidently create businesses and content they love by protecting themselves with DIY legal templates and resources. Sam helps coaches, entrepreneurs, and creatives find out what they need to protect their businesses, when and why. When she isn’t helping boss babes build their online empires, she’s usually drinking coffee, at the beach, or watching the Bachelorette because Rachel Lindsay is the bomb.

samvanderwielen.com/

5 Reasons You Might Not Own Your Content and How to Fix Them by @CircleLegal

February 21, 2015 by Kelley Keller 2 Comments

by Kelley Keller | Featured Contributor

Did you know that you might not own your content? The content on your business blog, in your ebook, in your presentations, and on your website might not be owned by you at all—even if you created it. If you don’t own your content, you can’t protect it or keep others from using it for their financial gain!

The key to make sure your content gives only you a competitive advantage in the marketplace is to copyright it, but you have to own it to copyright it. Following are five common situations where you might not own your content and how to fix them:

1. You paid for it but didn’t get a signed Work Made for Hire Agreement.

If you hired a freelance writer or contractor to create your content and didn’t have them sign a Work Made for Hire Agreement, then he or she owns the content, not you. Only the owner can get a federal copyright registration for the content. Therefore, anytime you pay someone to create content for you, make sure they sign an agreement so you get both the authorship and ownership rights to it.

2. You wrote it while employed for another company.

If you created your content while you were working for another company and you were paid for your work as part of your employment, then that other company owns the content and the copyright. To solve this problem, create new content rather than re-using old content that you created as part of a previous job.

3. You already sold the content ownership rights to someone else.

If you already sold (i.e., “assigned”) the ownership rights to the content to another person or entity, then you don’t own it anymore. For example, an author can assign the ownership rights of a manuscript to a publisher. Don’t assign your rights, so you retain the copyright and all of the competitive advantages that come with it.

4. You wrote it as part of a Work Made for Hire Agreement with a third party.

If you created your content as part of a Work Made for Hire Agreement with another person or entity, then that person or entity owns it. Bottom-line, you give up all of your ownership rights whenever you sign a Work Made for Hire Agreement, so be careful what you sign and when you sign it!

5. Your content isn’t original.

If your content is merely a regurgitation of facts, lacks a basic level of creativity, or is made up of bits and pieces from other people’s original work (i.e., it wasn’t independently created by you), then you might not own all or part of the work and you definitely can’t copyright it. When you create content, make sure it meets the criteria to be copyrighted or you’ll have little to no ability to protect it and keep others from profiting from it.

Finally, if you own your content, be sure to put others on notice that it’s yours by displaying the appropriate copyright notice!

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Kelley Keller, Esq. is President of Circle Legal and a 20-year veteran of the intellectual property law field. As an intellectual property attorney, she has deep experience helping businesses of all sizes identify, manage, and protect their trademarks, copyrights, patents, and trade secrets, including many household brands like Toyota, Disney, and Verizon, which she worked with during her tenure at one of the largest IP law firms in Washington, D.C. At Circle Legal, she focuses on redesigning the legal experience for innovative companies, business owners, and their families by providing comprehensive services that build solid legal, insurance, finance, and tax foundations for her clients (their LIFT Foundations).

Kelley’s personable nature and ability to explain complex legal issues in simple terms set her apart from most attorneys. She is relentless in helping businesses, their owners, and their families mitigate risks and open the doors to new opportunities. You can hear her helping business owners every week on the Circle Legal Business Fix-It Show broadcasting on iHeartRadio.

You can find Kelley on Twitter, LinkedIn, Facebook, and Google+ and download her free ebook, 41 Steps to Start a Business and Build Wealth the Right Way.

Kelley Keller

thekellerlawfirm.com/

Four Popular Myths About Intellectual Property Protection by @deborahsweeney

October 24, 2014 by Deborah Sweeney Leave a Comment

Photo Credit: NEC Corporation of America via Compfight cc

by Deborah Sweeney | Featured Contributor

The average person usually doesn’t know much about intellectual property law. They can probably rattle off what a patent is, or what a copyright does, but that’d plumb the depth of their knowledge. And that’s fine – IP law is notoriously complex. The problem is that so many people continue to believe old myths about intellectual property protection because they don’t know any better. So, to help dispel old rumors and hopefully answer a few lingering questions about intellectual property protection, I decided to breakdown four of the most common myths I hear.

Myth 1. You can patent an idea

You cannot patent an idea – plain and simple. Having an idea doesn’t make you an inventor. You have to show that idea could be made into something – it has to be developed and proven. Now don’t get me wrong, the idea stage is very important, but you cannot just stop there. Otherwise people would be patenting all sorts of outlandish ideas without ever figuring out a way to develop them, and creating something new would be a complete headache.

Myth 2. If you register an IP in the USA, you’re protected worldwide

A United States patent, trademark, or copyright will normally only protect your idea in the United States. Different countries have different laws for intellectual property protection. Thankfully, there are some international treaties that do make protecting IP in foreign countries a bit easier. The World Intellectual Property Organization can help you navigate international patent and trademark protection, and the US Copyright Office has signed treaties with foreign nations to respect foreign copyrights.

Myth 3. Markings and notices are irrelevant

Notices and marking may not be legally required to claim ownership of an IP, but it is still wise to include them. You technically own a trademark once you use it on the market, and a copyright is yours once the artistic work is put down in a tangible form. However, including a notice or marking informs everyone you are claiming ownership of that IP, which makes enforcing that ownership easier and helps you defend against claims of ‘innocent infringement.’ Further, the federal government only allows the use of the ® symbol for trademarks registered with the USPTO and, if you don’t use it, you could forfeit your right to recover damages.

Myth 4. Postmarks can replace patents and copyrights

I’ve been asked if this one is true more times than I can count. Often called the poor-man’s patent, or the poor-man’s copyright, the idea is that if you stick your idea in an envelope and mail it to yourself, you can prove the idea was yours based on the date on the postmark. Not only is this a total myth, it could wind up hurting you. In order to be patentable, and invention has to be actively developed and practiced. All your self-addressed letter would show is that, at some point in the past, you mailed an idea to yourself and then never developed it. As far as copyrights are concerned, you have rights to it the minute it’s put into a tangible form. You should still register it with the US Copyright Office though – postmarks still haven’t been established as valid proof for right of ownership.

Proper intellectual property protection is vitally important, which is why these sorts of rumors are so harmful. Your ideas, brand, and inventions are what your business is built on. Whenever possible talk to a professional, review your IPs, and see what you can do to shield yourself from infringement.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

As CEO of MyCorporation Business Services, Inc. (MyCorporation.com), Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With her experience in the fields of corporate and intellectual property law, Deborah has evolved from lawyer to business owner. She has extensive experience in the start-up and entrepreneurial industry as she has been involved in the formation of hundreds of thousands of businesses for MyCorporation.com’s customers.

Ms. Sweeney received her JD & MBA degrees from Pepperdine University. She is active in the community and loves working with students and aspiring entrepreneurs. She serves on the Board of Regents at California Lutheran University and is a founding member of Partners of Pepperdine. Deborah has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in the areas of corporate and intellectual property law. Ms. Sweeney is also well-recognized for her written work online as a contributing writer with top business and entrepreneurial blogging sites. She is a regular contributor on Forbes, American Express, Social Media Today, and BlogHer among many others.

In her ‘free’ time, Deborah enjoys spending time with her husband and two sons, Benjamin (8) and Christopher (6). Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Follow her on Twitter @deborahsweeney and @mycorporation.

Deborah Sweeney

www.mycorporation.com

3 Signs It’s Time to Protect Your Intellectual Property by @CircleLegal

October 6, 2014 by Kelley Keller 1 Comment

by Kelley Keller | Featured Contributor

Your business has intellectual property, and if you’re not protecting it, your entire business is at risk. But how do you know when it’s the right time to take the actual steps, contact an intellectual property attorney, and set the process in motion to secure your rights and protect your intellectual property?

There are three key signs that you’re ready to protect your intellectual property. Each is discussed below. If your business has shown any of these signs already, then you need to take action and protect your intellectual property as soon as possible.

Sign #1: Your Intellectual Property Has Commercial Value

Intellectual property law supports our country’s economy by giving businesses opportunities to build competitive advantages in the form of the exclusive use of trademarks, copyrights, patents, and trade secrets. If your innovation, idea, and intelligence—collectively, your intellectual property—have commercial value (meaning they can drive an income for your business if they’re offered for sale), then you should protect them ASAP!

For example, your company’s logo promises a certain level of quality to consumers. That logo might help you charge premium prices or secure the best shelf space in retail stores. Imagine what would happen if another company started using the same logo to sell similar products or services. The result would be consumer confusion in the marketplace.

If you had secured your trademark, you could enforce your intellectual property rights and stop the competitor from using the same logo on its products.

Sign #2: Your Intellectual Property Gives Your Business a Competitive Advantage

Has your intellectual property already moved beyond the point of having commercial value? Has it already provided you with the competitive advantage discussed in #1 above? If so, then you need to protect that advantage because it motivates consumers to choose your brand, products, and services over others in the marketplace.

For example, if you sell a new health snack with a secret recipe, that recipe is a valuable trade secret that gives you a significant advantage over your competitors in the marketplace. If someone stole that recipe and began making the same product, you’d lose your competitive advantage and your business would suffer.

If you had taken the time to describe and properly protect that recipe as a trade secret, you could enforce your intellectual property rights and stop the competitor from making a product using your recipe.

Sign #3: You’re Prepared to Enforce Your Intellectual Property Rights

It makes little sense to secure your intellectual property if you have no intention of enforcing your rights as the registered owner. However, if your intellectual property is valuable enough for you to invest time and money into enforcing your rights under the law in the future, then you should protect that intellectual property as soon as possible. Every day you wait is another day you’re leaving your business open to threats and risks.

For example, if you create a song, photograph, work of art, film, book, or any other tangible expression of your ideas, you own the copyright to that creative work (assuming you haven’t given up your rights through a work-for-hire agreement or employer-employee relationship). If another person or business starts selling your song, photograph, or other creative work and making money from it, you can enforce your rights under copyright law and stop that person.

However, you need to register your copyright in order to bring legal action against an infringer or collect fines. Bottom-line, if you don’t enforce your rights, you might risk losing those rights.

The Takeaway

Intellectual property rights give you the right to exclude others from using and profiting from your creative works. It’s up to you to take the initiative to secure, protect, and enforce those rights. Inaction equates to giving up your rights, which would be one of the worst strategic business decisions you could possibly make.

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You can find Kelley on Twitter, LinkedIn, Facebook, and Google+ and download her free ebook, 41 Steps to Start a Business and Build Wealth the Right Way.

Kelley Keller

thekellerlawfirm.com/

How Do I Protect My Content with a Copyright Notice? by @CircleLegal

September 1, 2014 by Kelley Keller 2 Comments

Photo Credit: opensourceway via Compfight cc

by Kelley Keller

You’ve launched your website, written a blog post, published an ebook, or recorded a podcast and you want to make sure no one steals it. You’ve spent a lot of time creating content that will be useful to your audience and help you build your brand and business. You need to protect it!

The first step to protecting your original work is by identifying it as your intellectual property. That requires using a copyright notice that publicly communicates your ownership of that content.

How to Write a Copyright Notice the Right Way

A copyright notice must include three key elements to appropriately notify the public that you own your original work (e.g., your website content, blog post, ebook, podcast, video, etc.):

1. The copyright symbol

The copyright symbol (i.e., the C in a circle) goes first. If you’d prefer, you can begin your notice with “Copyright” or “Copr.” rather than using the copyright symbol.

2. Date

The year of first publication of the original work comes second in the copyright notice. In copyright law, “first publication” is the date when the original work was first offered for public distribution through sale (e.g., selling your ebook through Amazon) or for the purpose of further distribution (e.g., publishing your ebook on your website and making it available for visitors to download, read, and share).

3. Owner

Last, include the name of the copyright owner in your copyright notice.

Example

Here is an example of a complete copyright notice using the copyright symbol:

No, You Can’t Copyright That

Remember, you cannot copyright ideas. You can only copyright your original work (which means it must be created entirely by you) once it has been “fixed in a tangible medium.”

That simply means it can’t be copyrighted if it’s in your head. It must have a physical form. In other words, your idea for an ebook cannot be protected by copyright laws, but once you write the ebook, it can be.

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You can find Kelley on Twitter, LinkedIn, Facebook, and Google+ and download her free ebook, 41 Steps to Start a Business and Build Wealth the Right Way.

Kelley Keller

thekellerlawfirm.com/

3 Rules Your Small Business Needs to Know About Using Pinterest by @deborahsweeney

May 5, 2014 by Deborah Sweeney 1 Comment

https://sheownsit.com/wp-admin/post.php?post=15253&action=edit&message=9 Photo Credit: Bunches and Bits {Karina} via Compfight cc

by Deborah Sweeney | Featured Contributor

Over the last four years, Pinterest has transformed itself from start-up oddity into a social media powerhouse that is valued at $3.8 Billion. As the site grew, many began to wonder if it would redefine social marketing like Facebook and Twitter had. So far, it seems it has – according to New York Magazine, retailers report that customers found through Pinterest typically spend a little over double what customers found from Twitter or Facebook do. Pinterest’s 70 million users still means that a very lucrative market is active and many businesses are taking advantage of the benefits of having a pinning presence on the platform. However, the commercial use of a visual based site like Pinterest does cross into uncomfortable territory. A lot of businesses are concerned about violating copyrights, being targeted by lawsuits, and even having their own intellectual property stolen and misattributed after posting their pins. Luckily, the site is pretty business-friendly, as long as you stick to some basic rules that you really should follow anyway.

1) Stay away from copyrighted images.

You cannot use an image that has been copyrighted for commercial purposes unless you own it – end of story. I’ve heard a lot of strange arguments from people that have been caught marketing with someone else’s work, ranging from claims of parody to questioning the very concept of intellectual property, but the fact remains that the owner of the copyright has the exclusive right to distribute and copy that image, and you do not. Fair use does not protect for-profit marketing. Whatever you pin to the site has to either be owned by you, or you need to have received permission from the copyright owner to use the image. Stay away from memes, popular photos, and logos – this may sound like I’m taking all the fun out of Pinterest, but when it comes to intellectual property, it is better to play it safe.

2) Think before you repin.

Business pages need to be a bit more strategic with repins than the average Pinterest user. Don’t just go in and start repinning everything you see – have a strategy as to what you’re reposting and why, and try to stick to your industry. You also need to make sure that whatever you repin is properly attributed. According to Pinterest’s terms of service, the user that originally posts the content is responsible for it, but you should still be careful and make sure the original author is sourced. And please don’t strip out a source link, or add a link to your site. Not only is that behavior in bad taste, but it can also land you in hot water.

3) Enforce your ownership of copyright.

Ownership is a real concern for people that post their own designs and photos to Pinterest – if you design and sell bracelets, and pin a picture of your design to Pinterest, do you really still own it? The quick answer is yes. Pinterest itself states that ‘you retain all rights in…the User Content you post to Pinterest.’ However, that content can be repinned, modified, displayed, and distributed by anyone on Pinterest; the site has a right to reuse any content posted to it. That does not mean another user can rip off your photos, pretend they made them, and then use them to market themselves. If you are displaying photos of your work on a site like Pinterest, I recommend adding some sort of watermark as a first line of defense. But if that doesn’t stop IP theft, most sites, including Pinterest, have an easy to use DMCA takedown form.

For as marketing-friendly and useful Pinterest can be, the trouble is that any site that relies on user-generated content risks violating copyright law. My best advice to any small business on Pinterest is just to play it safe. Don’t repin anything that isn’t properly sourced, and don’t post images you have no rights for. While this may limit the pool of images you can post, it also opens the doors to getting creative. Business accounts should focus on their own content anyway – after all, the entire reason a company would be on Pinterest would be to market. As long as your cautious about what goes onto the site, you should have nothing to worry about.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney

www.mycorporation.com

Does Your Etsy Shop Need a Trademark, Patent, or Copyright? by @deborahsweeney

April 7, 2014 by Deborah Sweeney 6 Comments

by Deborah Sweeney | Featured Contributor

You’d be hard pressed to meet an entrepreneurially-minded woman who doesn’t consider Etsy to be an incredible haven for business. 88% of all Etsy sellers are women, according to the site’s November 2013 progress report, and 74% of sellers consider their Etsy shop to be a legitimate small business. And, because so many owners see their Etsy shop as a legitimate business, one of the most common questions they have is whether they need to protect their intellectual property with a trademark, patent, or copyright. I always recommend new small business owners err on the side of caution when it comes to IP protection, so if you are thinking about registering a mark or filing a patent but aren’t sure where to start, ask yourself the following questions.

Do you need to protect your logo or branding?

Then you should register a trademark. Now, you have the rights to a mark the minute you start using a unique logo, word, phrase, symbol, design, or any sort of branding, to distinguish yourself from your competitors. Technically, you don’t have to register a mark in order to claim it. However, if you don’t register a trademark with the USPTO, you may find it a difficult to enforce your rights to that mark, especially if the infringing party is outside of your home state. Etsy is a huge site, with international sellers and domestic shops from all fifty states. If your business is picking up, it would be a smart move to trademark your logo or branding before someone steals it so you can enforce your right to your brand.

Do you need to protect your design or art?

Etsy shops abound with paintings, sculptures, and custom jewelry, but all of this unique work is in danger of being stolen if the creator doesn’t register a copyright. Just like with a trademark, the creator of any unique, creative piece of work has automatic copyright protection for it. However, if someone infringes on that copyright, it can be difficult to litigate without having registered the work’s copyright. Copyright registration is pretty straightforward – you just file a form along with a clear rendition of the work being registered. Keep in mind though that you cannot legally protect an infringing product – a necklace with a Golden Snitch on it is awesome, but someone else already owns the rights to that design – and the item being registered has to show some minimal degree of creativity.

Do you need to protect something you created?

Most Etsy shops probably won’t need to venture beyond a trademark and/or copyright. However, if your store is selling something that you invented, or you created an innovative new design for a functional item, you could consider filing for a patent. There are two main types of patent – utility patents and design patents. Utility patents effectively protect new and useful inventions, while a design patent protects the unique, aesthetic appearance of an object. If a new piece of jewelry you designed isn’t necessarily creative, but is still aesthetically unique, a design patent can protect it. Etsy’s blog actually has an excellent post on the patent process for one shop owner’s flower pot/reed diffuser.

Intellectual property law is complicated, but I cannot stress how important IP protection is. There are plenty of horror stories of Etsy shops, eBay sellers, and other online businesses finding their designs and products ripped off and sold cheaper. Your Etsy shop is a business, so you need to protect it and your brand. If you use a unique logo, or sell your own, creative work, and expect to expand, make sure to file to protect or register your intellectual property as soon as possible – the last thing you want is for someone else to profit from your hard work.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney

www.mycorporation.com

How to Beat Content Thieves BEFORE They Steal From You by @RachRodgersEsq

March 31, 2014 by Rachel Rodgers 1 Comment

by Rachel Rodgers | Featured Contributor

Have you ever had your website content copied or stolen?

If you have been running a business with an online presence for any substantial period of time, than you probably have experienced that awful sinking feeling when you discover that someone has stolen your content from your website. It doesn’t feel good to know that someone has blatantly stolen the work that you spent days or hours pouring over to create.

So you may be wondering what you can do when someone copies or steals your stuff. There is a law that governs copyright infringement on the internet and its called the Digital Millenium Copyright Act, or DMCA for short. The DMCA provides a process for having your content removed from an infringer’s website. But that’s the action you take once you’re work has already been violated.

There’s a much easier way to protect your intellectual property than reacting once it has been stolen. Sounds great right? Well, this proactive protection of your intellectual property is called copyright registration which is not nearly as hard, complicated, difficult or fancy as it may seem. We’ve all heard about copyrights, of course. But most people look at it as this big, looming, scary process reserved only for the big dogs. Wrong. So wrong.

Copyright is a form of protection, provided by the federal government, to any authors of original works of authorship, including books, e-courses, blog posts, plays, music, and more. So if you create something, if you have an idea for a book or blog, or program, design or piece of music, and you create it, then you can copyright it.

Now: anytime you create something, you instantly and automatically, have copyright protection of your original creative works. While that’s well and good, its not enough. You should register your copyright with the U.S. Copyright Office. Here’s 3 reasons why the official step of registering your copyright is absolutely worth it:

1. With a copyright registration, you create a government record that’s, you know, official. You create a paper trail that specifies you as the creator and owner of the work. I’m a fan of government records. Sending your official certificate of copyright registration along with a DMCA Take Down Notice can be very effective in your quest to get stolen material taken down. Those savvy infringers know that infringing on federally registered copyrights can come with penalties of the five-figure variety and up (more on that below) so they take those notices and registrations more seriously.

Plus, the official copyright registration can also come in especially handy when you are dealing with an unpublished work. You may have trouble proving ownership when you have a creative work that you’ve authored but haven’t yet displayed to the world. Again, like I said: official government records are a good thing. Paper trails help protect your assets!

2. That copyright registration also means that you have the exclusive right to share and profit from your work. If you don’t hold the federally registered copyright, there’s not much of a deterrent to stop anyone else from using it, from selling it, and profiting from it. Simply relying on morals is not enough. Sometimes people lack them and then you’re stuck dealing with a massive headache. The only real preventive measure you can take to protect your creative works is a federal registration of your creative works.

You see so many examples of it today: blogs, ebooks, workshops, and all kinds of intellectual property that are stolen and shared without the creator benefiting. People grab content and pass it on as their own work. Unfortunately, no one who has an online presence hasn’t had something stolen (whether they know it or not!).

3. Let’s look at the best part of registering your creative works in the case of downright thievery: you can actually collect statutory damages (the damages provided for in the U.S. Copyright Act) and attorney’s fees if you successfully sue someone for copyright infringement. The statutory damages can go up to $30,000 for each work infringed upon, and up to $150,000 if the court finds that the infringement was willful, (i.e., the infringer had notice that they were infringing on your work and chose to continue to do it anyway).

But, here’s the catch, if you don’t register your copyright with the U.S. Copyright Office, you aren’t entitled to collect statutory damages or attorney’s fees if you sue someone for copyright infringement; you can only collect actual damages.

That’s still something right? Well, actual damages are usually pretty minimal; they would be the money that the offender actually made from selling the stolen ebook, or the money you can prove you lost as a result of the infringement and nothing else.

So, let’s look at an example. Sophia writes a clever e-book and self-publishes it on her website where customers can purchase it for $100. Then a nasty little infringer comes along purchases a copy of the book, copies it, slaps his name on it and then begins to sell it on his own website for $50. By stealing Sophia’s work and undercutting her price point, he has diverted hundreds of sales from her website costing her $15,000 in lost profits. Without a federally registered copyright, you would only have the potential to be awarded that $15,000 and you would have to foot the bill for your lawyers. If it cost $6,000 in legal fees (it would probably cost more) to bring the lawsuit, you’d only be taking home $9,000. That’s a far cry from $150,000, isn’t it?

So be sure to register your creative works with the U.S. Copyright Office. Those ebooks, photos, information products and other important pieces of intellectual property you have created are part of your business’s assets. The rule of thumb is: if you make money from it, then you should register it.

Want to learn how to copyright your content? Check out my fun to read (no, seriously!) free legal clinic called Small Business Bodyguard, which contains a complete step-by-step of the copyright registration process, and a whole lot more to help you run your business like a BOSS.

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Rachel Rodgers – Intellectual Property Strategy & Legal Counsel for Digital Entrepreneurs

Rachel Rodgers is the intellectual property and business lawyer for digital entrepreneurs. Her one-of-a-kind practice, Rachel Rodgers Law Office, is run entirely online making her services accessible and convenient for tech startups, online-based businesses and thought leaders. Her secure online law office was one of the first of its kind and has filled a void among entrepreneurs in need of savvy legal counsel without breaking the bank or compromising excellent customer service. Rachel and her practice have been featured in Fast Company, MSNBC, The Washington Post, Forbes and various other media outlets and publications.

Rachel co-wrote the most entertaining business law guide for entrepreneurs called Small Business Bodyguard: Cover Your Bases, Cover Your Assets, Cover Your Ass. It has been called “fun and engaging” by New York Times bestselling author Chris Brogan.

Prior to forming her law practice, Rachel served as Judicial Law Clerk to the Honorable James A. Farber in New Jersey Superior Court. Before law school, Rachel worked for non-profits in New York, at a premier lobbying firm in Washington, D.C. and on Capitol Hill in the Senate office of Hillary Rodham Clinton.

At home, Rachel can be found baking in the kitchen, running after her two-year-old daughter, feeding her infant son (because who knew such a small person could eat so much?!), hanging out with her hubby, or planning her next trip to France, her absolute favorite place on the face of the planet.

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Rachel Rodgers

www.rachelrodgerslaw.com

How to Give Your Start-Up a Head Start in 2014 by @DeborahSweeney

December 9, 2013 by Deborah Sweeney Leave a Comment

by Deborah Sweeney, CEO of MyCorporation.com | Featured Contributor

Most people tend to feel a bit lethargic around December. The year is drawing to a close, and holiday plans take us away from the worries of business. The owners of start-ups often approach the end of the year as the end of the first chapter of their business – they’ve had a few months to iron out the kinks and, starting January, can throw themselves into the company and turn it into the business they’ve always dreamed of running. Unfortunately, if you don’t use December to get ready for January, you’ll wind up spending months trying to play catch-up. Rather than let December float by, use this checklist to give your business a head start on January 1st.

Incorporate or Form an LLC

Turning your business into its own separate, legal entity is almost always my top tip for start-ups. Forming an LLC or incorporating may have seemed like a waste of time and money back when you were first starting out and weren’t sure if you’d still be in business in a week, but now that your business is really starting to get going, you need to separate your business’s debts from your personal assets. It takes a lot of money to get a company started, and you’ll probably be looking to grow even more in the New Year. Creating a limited liability company or a corporation puts your business in the perfect position to receive loans, without the new debt threatening your own personal assets.

Remember Your Renewals

The state should send notice when legalities like a DBA name or a business license are coming up for renewal, but you shouldn’t depend on the state to remember every little thing when it comes to your business either. Whenever you file for anything that can come up for renewal, you should write down the date you have to renew by. So, if you haven’t already, look up those renewal dates, set aside the fees you need to pay, and don’t let your company fall into non-compliance because of your forgetfulness.

Draw up Employee Agreements

If 2013 went well, you’ll probably be looking to hire in 2014. Remember that you need an EIN before you hire any employees, and you’ll be responsible for any state and federally mandated tax withholdings. You should also look into drawing up an employee agreement or contract so that anyone you hire is aware of their responsibilities, any benefits that are offered, and the grounds for termination. An official employee-employer agreement may seem like a lot of work to create, but it does wonders for protecting your relationship with your employees, and ensures everyone is on the same page.

File for Intellectual Property Protection

Do you have a logo? A jingle? A company mascot? Have you built up any sort of branding? If you have, you need to file for intellectual property protection. You automatically have rights to any intellectual property you’ve used to market your business, but it can be difficult to enforce these rights without registering with the United States Patent and Trademark Office, or the US Copyright Office. Filing a trademark or a copyright can take quite a bit of time, so it is important to get started now, or to contact an attorney or other professional to help.

Prepare for Investor Meetings

Angel and venture capital investing is seasonal, and most firms see January as one of the key months for finding new investments. If you are honestly looking to bring on an angel or VC firm, you need to prepare your business before January starts. That means incorporating so you can offer a share of the company for any investments, and getting your pitch ready. How well did you do in 2013? How do you know 2014 will be any better? The idea behind your business will be important, but you need to show solid numbers before anyone invests in your company.

The New Year offers new beginnings, and if you are looking to really grow your start-up, 2014 is a good year to do that. However, that means you need to get your business ready before the clock strikes midnight on December 31st. The month of December should be a month where you take the proper steps to choose a business entity, stay on top of renewals, create an employee agreement, protect your intellectual property, and, if necessary, prepare for January investor meetings. Make it a proactive month, and you’ll be able to hit the ground running come January.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney