Posted December 2, 20249:20 am
By Mica Jordan
The creator economy is a rapidly growing and dynamic field. It offers opportunities for individuals to develop personal brands and earn money from their creativity. Content creation appeals to entrepreneurs because you can start without much money, training, or formal education. Often, all you need is a smartphone.
Amid the excitement of showcasing your artistry, it is important to consider legal protection. Whether you are marketing your art, aspiring to become a social media influencer, or sharing your passions online, protecting your creative work is key to safeguarding your rights and controlling your contributions.
Protecting your artistic creations—like dances, songs, poetry, and visual art—preserves the integrity of your work and your ability to monetize it. With content shared widely online, protecting intellectual property rights prevents unauthorized use and loss of control over your creations. Securing your rights can protect your work and your chance to use it to make money or start a career.
Here are steps you can take to protect your creations:
- Register Your Work
Copyright laws are legal rules that give creators exclusive rights to their original works. Registering with the Copyright Office can protect your work from unauthorized use and allows you to act if someone uses your work without permission. Additionally, consider filing for a trademark to protect your brand from theft. Trademark law protects brands by granting exclusive rights to use specific symbols, logos, or phrases that distinguish a business’s services from others. - Utilize a Creative Commons License
A Creative Commons license lets creators allow others to share, use, and build on their work freely. You can specify how re-users can distribute or adapt your work while keeping some rights. - Implement Watermarks
Copyright exists from the first time you publish a work, even without registration. Publication means making the work public—for example, by posting it online. But you can lose copyright protection if you don’t enforce it. Adding visible watermarks to your content signifies you own the work. It also makes it difficult for others to use your work without permission. - Employ Digital Rights Management (DRM) Technology
DRM technology uses encryption and security measures to prevent unauthorized access to digital content. DRM technology protects digital images, videos, and other online materials. - Require a Content License Agreement
A content licensing agreement is a contract that allows companies permission to repurpose or republish material. This contract should say you still own the work. It should also detail the work used, terms of its use, and what each side gains from the arrangement. - Send a Cease-and-Desist Letter when Necessary
A cease-and-desist letter formally requests someone to stop violating your intellectual property rights. These letters are typically used when a party uses your work without permission, mainly if no contract exists. They can also address a party breaking promises under a content license. In the letter, the creator can demand that the party stop the use or fulfill their promise. This letter is a formal notice that the creator may sue if the misuse does not stop. Be sure to detail the artistic work, describe the misuse or broken promise, and provide a deadline for resolution. - Consult a Lawyer
For significant compensation owed or persistent non-responses, a lawyer can help you navigate the law and recover your money. You may have legal claims regardless of whether there is a contract. Check out Legal Aid’s Brief Advice Clinics as a resource for brief legal advice. Find clinic dates and locations online: lasclev.org/events
Helpful Resources:
- U.S. Copyright Office: https://www.copyright.gov/
- United States Patent and Trademark Office: https://www.uspto.gov/
- Creative Commons licenses: https://creativecommons.org/share-your-work/cclicenses/
This article was published in Legal Aid's newsletter, "The Alert" Volume 40, Issue 1, in Fall 2024. See full issue at this link: “The Alert”- Volume 40, Issue 1.