S1 E24 What to do if you get a copyright infringement cease and desist letter with Wayne Carroll
- S1E24
- 12:59
- May 23rd 2023
S13 E24 What to do if you get a copyright infringement cease and desist letter It's crucial for small business owners to understand how to respond to cease and desist letters to protect themselves from legal trouble and potential damages. In the United States, we still believe in innocent until proven guilty. For a company to get a judgment against you they must file a lawsuit, prove that they own the copyright, and prove that you infringed that copyright. There is an industry of harassment cease and desist letters for copyrights. This industry is looking for easy targets that won’t fight back. Unfortunately, small businesses are often targeted. An experienced attorney will be able to assess whether there the cease and desist letter is likely harassment, or if there is a substantial case and potential for damages. Different cases need to be treated differently. Between 2003 and 2008 the music industry sued thousands of individuals for using P2P downloading services. A service that connects two individual computers over the internet for downloading. Lots of settlements Intimidation Use of IP addresses and John Doe lawsuits These tactics are still used by some today. Some courts disfavor these techniques, so more effort has been put into getting settlements without a lawsuit. You may be able to get the issue to go away by working with an attorney and complying by taking down the offending copyrighted work. Note: When you take it down search your website for the file name. Sometimes files remain “available” even though they have been taken off the main webpage. The music industry fought downloads and streaming. The image content industry is now fighting AI-created images. History repeats itself. If you get a cease and desist letter, work with an attorney that stays up-to-date with the legal and technology issues. Working with an attorney to respond will let the company know that you are taking this seriously and that you will not be bullied. Once an attorney responds the company is required to contact your attorney, limiting harassment techniques to get a settlement.
Next week: Week 7 Maximizing IP Ownership: Asset Protection, Default Laws, LLCs, Contracts, and Agreements Special Guest Ike Devji - Asset Protection expert Why you should form an LLC or corporation for your intellectual property Ownership Agreements: Protecting Your Intellectual Property When Working with Partners, Employees, and Contractors. The Role of Contracts in IP Ownership: Navigating Joint Ownership, Licensing, and Assignments to Protect Your Interests.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or [email protected]. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.
TAGS: copyright cease and desist letter, attorney, AI, copyright
Leveraging Inspiration: The Inspired Patent Podcast
Leveraging Inspiration: The Inspired Patent Podcast
This podcast is for small business owners. You work so hard and help so many people.
It breaks my heart when I learn of a small business owner that missed opportunities because they did not have the information that they needed. That is why I am here, to help you, the small business owner, to learn how to leverage your inspiration and succeed at making the world a better place.
Listen to find out simple steps you can take to make sure you own the valuable property in your business, your inspired ideas, your innovations, and solutions. More than just protecting your intellectual property (IP), I want to help you leverage your ideas so that you can offer your solutions to as many people as possible.
Each 13-week season will take you through a process in your business to improve your intellectual property protection. In each episode, I provide a small action that you can take to better protect your IP. Added together these small actions can make a huge difference for your business and the results you achieve.
Join me each week for new episodes. Find new episodes on LeveragingInspiration.com and wherever you find your podcasts
The first season (season 13 on IBGR.Network) covers: Intellectual Property Strategy for Startups and Small Business
Show Airs - Fridays 3 pm ET beginning Apr 7, 2023
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or [email protected]. You can also connect with Wayne on LinkedIn.
For help with your business Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.