Protecting Your Creative Work from Copycats
Discovering that someone has copied your design can be frustrating and concerning. Whether it was intentional or not, you may want to challenge a reproduction of your design work being in the public eye. We ran into our own mimics recently, a music artists’ YouTube channel who rebranded in August 2023…it’s a very familiar name and logo design don’t you think? Or are we overreacting?
If you decide to take action to protect your work and your rights, here are some key actions you can take if you find yourself in this situation:
Understand the Impact
Copycats can have a significant impact on your business reputation, SEO ranking, and potential for new business and clients. It’s crucial to recognize the potential consequences of design infringement.
Know the Laws
Copyright laws exist to protect creators, and it’s essential to understand the legal implications of design copying. In the UK, the copyright of a design is classified by all or substantial parts of the design being copied and breaching these copyright laws can result in fines of a minimum of £5,000.
When you create a new unique design you are automatically protected under the ‘unregistered design rights’ which can offer protection for your designs and branding for 10-15 years from when the design is initially revealed to the public.
The person who has copied your work may be protected under fair use laws. It’s important to be aware of the circumstances under which fair use applies, such as non-commercial research or private study, criticism or review, news reporting, educational purposes, or parody.
Attempt Resolution
If you find your design or branding is being infringed upon you should contact the company or individual who has copied your design to seek a peaceful resolution. Threatening actions are not recommended, and open communication may lead to a mutually beneficial solution.
Seek Legal Advice
If you discover that your design has been copied, and you cannot reach a resolution with the company or individual, consider contacting an attorney who can help you assess the situation, draft a warning letter, and guide you through the steps to address the matter. It’s crucial to approach the situation with professionalism and legal guidance.
Take Preventative Measures
Registering your design with the UK government can provide additional protection for your brand for up to 25 years. Additionally, while you are in the initial concept stage you should conduct Google searches for companies with similar names or design to prevent accidently copying designs. You can even use Google Image search to search across Google images for similar images or designs to your concept. Lastly, while it is great to gather inspiration before you start any design, ensure to collect a well of inspiration rather than just one source, this will allow your design to mix ideas while adding a fresh new take to ensure your content is unique and not copied.
Stay Informed
Currently, there is a large grey area with AI art as any work you generate with AI isn’t protected under any copyright laws and many artists and designers have started lawsuits to fight and win against AI-generated art stating that their art is being used without permission to train the AI systems and the companies behind the AI have been illegally storing their works in their image generation system. Multiple cases of AI-generated art have already been found to breach copyright laws due to copying the original works.
By being proactive, informed, and seeking appropriate legal guidance, you can effectively address instances of design copying and protect your creative work. Remember to approach the situation with professionalism and focus on finding a resolution that safeguards your rights.
Don’t be the impersonator!
Make sure that you do your research before you spend time and money on developing your brand identity. Once you’ve chosen a name for your brand, do some simple online searches on search engines and social media platforms to check it’s not in use. Check companies house to see if there is a limited company registered in that name. If you have an idea for a logo mark, you can drag a sketch of it in to the Google search bar to see if similar work comes up. It could save you a costly rebrand at the least or even an expensive a lawsuit later down the line.
Useful links:
https://legalvision.co.uk/intellectual-property/legally-protect-design/
https://harperjames.co.uk/article/registered-and-unregistered-design-rights/#section-9
https://www.gov.uk/register-a-design
https://www.briffa.com/blog/understanding-copyright-and-fair-use/
https://www.theartnewspaper.com/2024/08/15/us-artists-score-victory-in-landmark-ai-copyright-case
Are you struggling to come up with new designs and worried about copying existing designs? Get in touch with us where our team of designers and developers will be more than happy to help you create a brand new unique design for you and your business!