In this article, Chris Baume delves into how to protect you intellectual property on social media, the process of trade marking a social media handle, and understanding Instagram trade mark infringement.
HOW DO YOU PROTECT YOUR IP ON SOCIAL MEDIA?
Protecting your intellectual property (IP) on social media is crucial, whether you're an individual content creator or a business. Here are some steps you can take:
- Understand the IP you have: Identify what IP you own and the associated rights. Common forms of IP include copyright (in images, video, music, etc.), trade marks, and patents.
- Implement clear social media policies: Establish guidelines for how your IP should be used on social media by you, your affiliated companies, and influencers. Educate your team and followers about these policies.
- Watermark your visual content: Adding watermarks to images and videos can deter unauthorised use of your copyright works. Watermarks typically include your trademark or logo or copyright symbol.
- Monitor and enforce your IP rights: Regularly check social media platforms for any unauthorised use of your IP. If you find violations, take appropriate action, such as reporting via the platforms takedown procedure or sending cease-and-desist letters.
- Use the available tools: Consider using tools that help monitor and protect your IP online, for example automated monitoring services.
- Educate your audience: Raise awareness about your IP rights. Educate your followers on how they can support your work while respecting your rights.
- Create exclusive content: Offer exclusive content to your audience. This encourages engagement and loyalty while protecting your IP.
- Stay informed and be prepared to adapt: Social media evolves rapidly. Stay informed about changes in platform policies and adapt your IP protection strategies accordingly.
- Register your IP: Officially registering your IP will give you the legal rights you need to protect your work. These rights will also add significant value to your brand.
CAN YOU TRADE MARK A SOCIAL MEDIA HANDLE?
Yes, you can trade mark a social media handle. However, there are some important considerations:
- Distinctiveness: Choose a handle that is inherently distinctive. This increases the likelihood of approval during the registration process and makes you stand out from others.
- Understand the challenges: Trade marking a social media handle involves unique digital considerations. Skilled trade mark attorneys can help navigate this landscape, translating legal requirements into hashtags and mentions.
- Be prepared to be proactive: Given the fast-paced nature of social media, a proactive trade mark strategy is crucial. Regular monitoring, strategic enforcement, and adapting to trends are essential.
- Be commercial: Remember, your handle must be connected to the offering of goods or services in a commercial context, not just a fun place to post.
WHAT IS INSTAGRAM TRADE MARK INFRINGEMENT?
Instagram strictly prohibits trade mark infringement.
If you're a registered trade mark owner, Instagram follows local trade mark laws. You can report infringement using the Brand Rights Protection tool or by completing this form.
Remember, only the trade mark owner or their authorised representative can file a report. If in doubt, discuss your concerns and any available options for taking action with a trade mark attorney.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.