Dealing with unauthorised use.
WHAT UNAUTHORISED USE LOOKS LIKE
Work used without permission or payment Work used beyond the licensed scope Work altered and reused Attribution removed Outright copying
WHAT TO ESTABLISH FIRST
That you can evidence ownership and date.
WHAT PROVIDES IT
Original files with metadata Dated records of creation Registration, where available Publication records
WHAT TO DO ON FINDING INFRINGEMENT
Record it: capture the use, dated
Establish who is responsible Assess the scale and the value
WHY RECORD FIRST
It is removed once contacted.
WHAT TO CONSIDER BEFORE ACTING
Whether it was innocent Whether there is money to recover Whether pursuing it is worth the effort
WHY
Most infringement is small and pursuing all of it consumes everything.
WHAT TO DO ABOUT INNOCENT USE
Contact them, explain, and offer a licence.
WHY
It frequently converts an infringement into a paying client.
WHAT TO DO ABOUT COMMERCIAL USE
Invoice for the use, or demand removal.
WHAT TO ESCALATE
Significant commercial use, with legal advice.
WHAT PLATFORM TAKEDOWN PROCESSES PROVIDE
Removal of infringing material, relatively quickly.
WHAT THEY REQUIRE
A properly made notice, with accurate claims.
WHY ACCURACY
False claims carry consequences.
WHAT TO ESTABLISH
Whether the use might be permitted under exceptions.
WHY
Not every use requires permission.
WHAT TO PROTECT PROACTIVELY
Watermarking of previews Terms stated where work is published Records of every licence granted
