After seven years working in firms, I know just how complicated intellectual property can be, but there is no greater time than now to protect your product and brand from being copied in our digital world.

Understanding the laws and regulations now can spare you headaches in the future. When my brand RobeCurls was at the peak of being knocked off, I saw over 3,000 counterfeit sellers a week trying to sell products that looked like mine. They even copied the wonderful Alex Gaboury who modeled RobeCurls for the brand, and let me tell you, those counterfeit pictures were alarming!

Despite the stress of counterfeits, I was able to survive the horrible situation. Today, it’s easier than ever to have your product copied, but because of this, the tools to protect your business have never been stronger. I’m going to walk you through what you need to be aware of and ready for so you don’t get in trouble too.

Intellectual Property

Let’s talk about intellectual property first. There are basic requirements for copyright protection. What can be protected must be the work of authorship, which means it must be original and it has to be fixed in a tangible medium of expression. Copyright protection immediately attaches itself as soon as you make something, but filing for what is largely an ecommerce world, gives you better protections from other people using or copying what you have made.

Coverage includes protection of original and creative work of an author or artist. This includes photos, videos, copy, images of packaging and products, copy on your website, and more. You are able to file on the US copyright office website, which you can find here. The duration of your protection lasts the lifetime of the author plus seventy years.

You might be wondering what protections like this cost. On average, it costs $55 per filing at the time of this article, but you can save money if you group items together to file. For example, you can get protection for a large group of 750 photos for one flat fee of $55 at the US copyright office. The US copyright office has great educational materials, and you can also hire an attorney to help if you’re feeling lost when trying to tackle all this.

Keep in mind there are different copyright laws in different countries, so be sure to look up your local and regional regulations for the most up-to-date information you can get on protections.

The Benefits of Copyright

Living in a digital age makes it easy to monitor copyright infringements online and have counterfeits or bad actors taken down across different platforms including Alibaba, Amazon, and Ebay.

It is easy to digitally monitor websites that may be using your images. You can reverse google image search and use your copyright registration number to have it taken down on other platforms. Litigation is made simple. You can collect damages of $750 per work infringed per occurrence.

If you can, file for copyright shortly after publishing. Copyright owners are eligible for statutory damages when they register their work with the U.S. Copyright office either within three months of publication of the work, or before the infringement starts.

One thing to be aware of is that intellectual property protection can take six months on average or more to be granted. This is why it is important to file as soon as possible.

Website Copyright

Add ©, the copyright symbol, and date on your website footer when material is first published. Think of your website as your creation - the images, the copy, all of it is your creative concept and is copyrightable. Make sure to add © to your packaging and don’t wait for registration, do it immediately when making your designs. In a separate legal page on your ecommerce website, include in detail the copyright list of registrations when you receive them.

If you hired someone to help make your materials, or hired someone to take pictures for you, make sure you know who owns the copyright to those assets. It is always smart to have a contract in place that states the creative material being made is considered work for hire and the IP is owned by you.

DIY Copyright Registration

So once you’re ready to register your copyright, and you live in the US, all you need to do is create a free online account at www.copyright.gov

→ Start a new “claim” which creates a new copyright application.
→ Fill in the online form, which is about between 8 to 12 screens of information.
→ Pay the government filing fee of $35 or $55 with your credit card.
→ Upload a copy of your copyrighted work. Keep in mind, many digital formats are supported but you can also mail it in if you really prefer that method.

Your copyright registration certificate will arrive in the mail after 2 to 18 months and will be dated as of the date you submitted your application. And yes, it usually takes a really long time and can be completely unpredictable. Plus, there is no easy online system to check the status of your application when it comes to copyright registration, which makes the waiting game even harder, but once it is approved, your creation will be protected and ready for the market.

Infringing on Copyright

It is good to be aware of what is infringing on copyright, so you don’t get caught up in it yourself. Using influencers photos without authorization can also cause problems for you as a brand, so it is important to keep good relationships with influencers and ensure you are looking after their rights just as much as yours.

Be aware of what you can use with your business and what is off limits. It can save you a heap of trouble later! Most importantly, safeguard your intellectual property from the start to keep your business moving in the right direction.