What to do If Someone Copies Your Intellectual Property

If you discover that someone has copied your work, it can be disheartening and frustrating. However, it's important to respond thoughtfully and assertively to protect your brand and reputation. 

I have heard a few of my clients struggling with the copycat problem recently, so I want to share some advice that I also shared with them. 

This blog provides guidance on how to approach the individual, initiate a conversation, and potentially involve legal resources if necessary. 

Nothing in this post is legal advice, and it is not meant to be taken as such. But, hopefully this post can help you determine your best next step if you do find yourself in this situation. 

What to do if Someone Copies Your Brand, Course, Website, or other Intellectual Property

It is important to recognize the various ways in which someone can copy your work. This includes copying concepts or ideas, literal words or content, logos/visuals, or even entire courses. Unfortunately, this is not uncommon in the online business space – but that doesn’t make it right, and if someone does copy your work, it’s up to you whether you are going to approach the situation or not.

Each type of copying may have different implications and ethical boundaries, and I am going to attempt to establish and define them here. Note, these are not hard and fast definitions or boundaries, and you should determine for yourself based on your unique situation whether or not your situation fits into these categories. 

What to do if someone copies your concept or idea

Back when I first started my local Meetup group, Daring Divas, in Boulder, Colorado, it became the largest meetup group for women entrepreneurs locally. Not too long after I started sharing my group publicly, I noticed that another group in my area had decided to copy everything I was sharing, word-for-word, and even adopted my unique business model as their own.

Now, I know that two people can have the same ideas separately from one another. But the timing of this situation was suspicious. And since it was so indisputable and so closely copied, I knew the leader of this group had crossed a line.

The first thing I did was document it all to show how exact the similarities were. But when I messaged her? She completely ignored me… In my case, I am lucky enough to have a husband who is a lawyer. So, he helped me write a cease and desist letter to send to the other business owner. Although she never responded to me personally, she did delete everything she had stolen from me, and remade it as her own. Since it was completely clear that she had copied everything directly from me (and she knew she was in the wrong), it was fairly straight-forward to handle this situation.

What to do if someone copies your literal words, posts, or course/offer content

I understand that when you’re first starting out, you can feel so tempted to follow in your mentor’s footsteps a little too closely. However, directly copying is never okay. According to some people on the internet, you only need to change 30% of something to avoid it being covered under copyright law. But, this is just a myth – lore, if you will. 

While the ethical lines you will draw need to be your own, I think of it this way: if you find yourself referencing another person’s work while writing or creating your own, you may be cutting it close. There’s nothing wrong with being inspired by someone or something else, but referencing it while you’re creating (without giving them credit) seems more like copying than inspiration.

If someone is copying your literal words, in the form of blogs, social posts, emails, or anything else… know that your original work is likely protected under intellectual property laws. So, if it does get to a point where you want to take action, the first step is going to be contacting the person who copied you and having a civil conversation – you can learn more about that in the next section of this blog, “How to Approach Someone Who Has Copied You.”

What to do if someone copies your visuals like your logo or website

I recently heard from an entrepreneur in our community that someone in her community had copied her visual brand, and even her business name. This person had spent months tirelessly working on building her brand from scratch, based entirely on her unique personality… only to have it copied by someone she knew. Needless to say, she was frustrated! 

If you see someone using a brand visual (logo, website design or anything else) that looks exactly like yours (or even just too similar to be an accident), trust your gut. If it feels like unethical copying, it probably is… and if you feel strongly about it, take action. 

The only time when you wouldn’t want to take action is if you bought your visual brand as a template, and then customized it as your own. Although templates are customizable, there’s no guarantee that someone else who purchased the same template won’t create a brand that looks very similar to yours.

📌⬇︎PIN IT⬇︎📌

How to Approach Someone Who Has Copied You 

Once again, this is not legal advice. Please use your judgment to decide which, if any, of the following actions are right for you, and consult a lawyer if you plan to take legal action.

1. It can sometimes be easy to see where someone has pulled inspiration from something we created. But before taking things too far, it’s important to confirm (with yourself, a friend, a mentor, etc.) that you are correct, and the copying is obvious to others too. Oftentimes, an outside perspective can be helpful in these situations, since we’re so close to our own works and creations. 
2. Once you feel 100% certain you’ve been copied, start by contacting the person who copied you in a calm and professional manner. Share your concerns and clearly outline the similarities between the original work and the copied material. It's essential to maintain a respectful tone during the conversation, as this can help foster a productive dialogue that ultimately ends in a favorable outcome. 
3. Express your expectations. What is your ideal resolution of this situation? Be firm in asserting your rights while remaining open to finding a mutually acceptable solution.
4. Seek legal advice if necessary. If the individual is unresponsive or unwilling to address the issue, you may need to consider legal recourse. Consult with an attorney who specializes in intellectual property law to understand your rights and legal options. They can guide you through the process of sending cease and desist letters, filing copyright infringement claims, or taking other appropriate legal actions to protect your work.

Throughout the process, be mindful of preserving your ethics and integrity and handling the situation with professionalism and kindness – even though it can be incredibly frustrating. Also, try to avoid making the issue public, focus solely on the facts, and communicate from the heart. 

If you want to learn more about how to find inspiration without copying (or use this as a resource to send to someone who has previously copied you or others), take a look at this blog post.

If you do find yourself in this situation, I know firsthand how scary and frustrating it can be. The most important thing to do is remain calm and collected, and fully gather your thoughts before approaching the other person. From there, trust your intuition to guide you to the next right steps. 

Don't stop here, though. I’m here to support you in creating a purposeful, archetypal brand that makes money AND makes a difference. Explore how we can work together here.