Did you know that you can proactively protect your intellectual property, including the education you create? As more businesses move into the digital space, it’s essential to understand how to safeguard your creative content and ensure it remains yours. Brittany Elise of Brittany Elise Photography, along with her lawyer Whitney Bower of Bower Legal join us to share their experience with fighting someone who stole Brittany’s IP and how they were able to take action.
Protecting Your Intellectual Property
As a successful photographer and educator, Brittany Elise was caught off guard when she discovered her intellectual property had been stolen by a fellow educator. While she had poured so much time and energy into creating a solid framework and teaching others, she hadn’t yet taken the necessary steps to protect it legally.
That’s when she connected with Whitney Bauer, a legal expert specializing in trademarks and copyrights, to help her protect her work.
The Trademark and Copyright Process
While we often confuse trademarks and copyrights, there is a difference. A trademark protects the names and brands of your programs or business, while a copyright safeguards the content itself—such as PDFs, courses, and other materials. Although the trademark registration process can be lengthy and complex, involving attorney examination and often taking a year or more, it is essential for long-term protection. On the other hand, copyright registration is more straightforward, and Whitney encourages her clients to regularly register their works to maintain their legal rights and avoid disputes.
Creating Strong Agreements
One of the key takeaways from the conversation is the necessity of having strong agreements in place when selling courses or mentoring. Whitney advises including detailed terms of purchase, whether through a checkout page or separate contracts, to clearly outline what purchasers can and cannot do with your content. Such agreements serve as a protective measure, allowing you to address any potential infringements without being perceived as overly aggressive.
Steps to Take if Your Content is Stolen
If you suspect your content has been stolen, both Brittany and Whitney recommend taking action to resolve the issue. They advise initiating contact directly with the individual involved, pointing out the violation, and specifying the steps required to rectify the situation. If this doesn’t lead to action, legal intervention, such as sending a cease and desist letter, may become necessary.
Empowering Creatives
Not only protecting your intellectual property for your own sake importance, but also for the benefit of the broader community. By ensuring that educators are teaching their unique and authentic content, students receive genuine value and are safeguarded against misinformation.
In the end, protecting your intellectual property is about more than just safeguarding your work—it’s about ensuring the growth and integrity of the creative community. As more entrepreneurs turn to online education, understanding the legal landscape of intellectual property becomes crucial. Whitney’s expert advice and Brittany’s personal experience provide invaluable guidance for creatives seeking to protect what they’ve built.
Connect with Brittany:
Instagram: instagram.com/brittanyelisephotography
Website: brittanyelise.com
Connect with Whitney:
Instagram: instagram.com/thewhitneybower
Website: whitneybower.com
Looking for the Transcript?
