S13 E24 What to do if you get a copyright infringement cease and desist letter with Wayne...

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 Wayne@inspiredideasolutions.com. 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

Episode link: https://play.headliner.app/episode/15057979?utm_source=youtube