In simple terms, digital content is considered to be any content that exists in the form of digital data, stored on digital media or specific formats of analog storage. In an age where the Intent and overall technology reign supreme, there is no denying that you have some sort of digital content associated with your business. And so, much like you would protect your tangible intellectual property assets with a copyright, you must do the same for your intangible digital content. Continue reading to learn why it is important to copyright your digital content and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can help you apply for this.
What Types of Digital Content are Commonly Protected by Copyright?
The Copyright Act of 1976 protects a wide range of creative works used with computers, tablets, smartphones, video game platforms, and any other electronic device. At the same time, copyright protects creative works that are used or distributed on the Internet. The odds are that your business has more digital content in its toolbox than you initially realize. More specific examples of the types of digital content commonly copyrighted, which may apply to you and your New Jersey business, are as follows:
- Website content, pages, and articles
- Digital photographs, graphics, branding imagery, and logos
- Video and audio recordings
- Software and online tools
- PDF guides, manuals, and presentations
- Social media and email marketing content
How Copyright Protection Works for Digital Content
When saved on a digital platform, your creative works may be easily spread at an alarming rate. In other words, it may pose more of a challenge to control who can access your digital media and overall protect your rights over it. For this reason alone, we strongly encourage you to take the steps toward officially copyrighting your digital content.
Rights You Receive When You Register a Copyright
- Exclusive right to reproduce and distribute your work
- Right to create or control derivative works
- Right to display or perform content publicly
- Ability to cease unauthorized use
- Right to statutory damages and attorney fees
Why Digital Content Faces Unique Copyright Risks Online
Though sharing your content online is generally the most effective way to reach an audience in today’s digital age, it does come with risks. Unfortunately, the internet has made it much easier to steal the works of others, and with limited resources, you may find that combating digital infringement can be difficult.
Challenges That Make Digital Content Easier to Infringe
- Copies can be reproduced and distributed in seconds
- Online platforms can enable reproduction of works without attribution
- Content can be stored on at-risk devices or systems
- Cybersecurity threats can expose digital content
- Infringers may operate outside of the United States
- Employees may accidentally share protected content
What Are the Benefits of Registering Your Digital Content With Copyright?
While the vast majority of eligible works obtain copyright protections once they are made tangible, taking the time to register your digital content with the U.S Copyright Office can provide a number of additional benefits to help you protect your original content.
Legal and Financial Advantages for Business Owners
- Creates a public record of ownership
- Strengthens the ability to demand takedowns
- Allows you to raise a federal infringement claim
- Allows you to seek statutory damages in court
- Helps deter future infringement
- Protect your rights for your lifetime and an additional 70 years
What Should I Do if My Digital Content Has Already Been Infringed?
If you find that your digital content has already been infringed upon, understanding your legal options in Essex County is critical. In general, you’ll find that if your work is not registered, you have up to three months to create a copyright and seek relief for the damages you’ve incurred from the infringement.
In addition, you should take the following steps to protect your work:
- Preserve copies of the infringement with timestamps (such as screenshots)
- Avoid contacting the infringer directly
- Obtain copies of your original work and the publication date
- Do not issue public statements
- Contact an experienced copyright attorney as soon as possible
Additional Ways Businesses Can Protect Digital Content
Though you may register your work with the United States Copyright Office, infringement can still occur. However, there are steps you can take to reduce the risk of your work being reproduced or distributed without your permission.
Technical & Policy Safeguards that Support Copyright Protection
- Use watermarking and attribution metadata on assets and files
- Restrict which employees can access internal files
- Ensure that your storage and devices are secure
- Update company policy to reflect cybersecurity measures
- Utilize license agreements for third-party vendors
- Consider investing in digital rights management (DRM) tools when possible
Contact an Experienced New Jersey Copyright Attorney
If you are worried about your content being infringed upon or you have discovered someone has used your content without authorization, it’s in your best interest to connect with an experienced attorney at Ingber Law Firm. We understand how important protecting your original works is, which is why we will do everything in our power to help you fight for your rights. Connect with us today to learn more.