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Someone Will Probably Try to Steal Your Idea. Here’s What You Need to Know

Someone Will Probably Try to Steal Your Idea, Here’s What You Need to Know

Copyright (or “intellectual property”) law here in the US is an odd thing. It’s unfair, easily. But then, complete fairness is far too subjective, ambiguous, and expensive to achieve on a grand scale, so the best we’ve got to work with are some hard-and-fast rules.

Copycatting

Fact is, if you have a truly great idea, someone is bound to want to steal it.

Sometimes the culprit is just blindly naive about the whole thing. In this category, I’d place anyone who sees your design as just another DIY challenge on the internet, or the type of blogger who creates “knockoff” tutorials to recreate others’ products. Often, these bloggers and their readers have Etsy shops of their own, where these copied items end up.

Other times said person is knowingly and deceptively trying to channel your work’s success into their own pocket (these are the ones we really, really hate, of course).

In 2011, Urban Outfitters was said to have ripped off an Etsy seller’s bestselling jewelry design. In her rage, the artisan wrote a Tumblr post showing the sameness of the necklaces. It soon went viral and set the handmade community abuzz with fighting words for big retailers like UO. But the Etsy seller never did take legal action, and Urban Outfitters went on selling the item… here’s some reasons why.

Why Fighting Copycats Is So Difficult

Unfortunately, a small creative business dealing with a copycat (especially those of the Urban Outfitters variety, to whom a “Hey, not cool” e-mail is less than effective) has to face 3 hard realities.

Piracy

Idea-stealing can also happen in the form of piracy— taking or sharing something without paying for it. Considering that what the person is stealing is valuable for its intellectual property, rather than its physical value.

Products most effected by piracy include music, performance art, and software (including themes, plugins, and apps), although just about any item can potentially be pirated.

You might remember when Pinterest first became popular and a mad flurry of “You’re going to be sued for using Pinterest” notices started popping up across blogs and social media. The concept was that we were pinning (or you might say republishing or yes, even pirating) artists’ and designers’ work without their consent.

Why Fighting Piracy Is Practically Impossible

I have to admit, when I heard about all this opposition to pinning others’ work on Pinterest, I was rather cynical. After all, sharing an artist’s work is akin to doing marketing for them. But people who are overly concerned about pirating often do funny things about it.

You know those websites where right-clicking is disabled? If you try to right-click on an image, you get a popup that says “Copyright Blah Blah Blah.” These used to be more commonplace than they are now, but I do still come across one now and then. And they’re so darn frustrating to use, because you can’t open a product in a new tab or window, like most modern internet users commonly do.

Not to mention, if a visitor is savvy, they know their computer can take a snapshot of their screen at any given time. So they can just save the shot of your site and crop to the desired image if they really, really want to have a copy of it. (Chances are, they don’t.)

Someone who’s overly concerned about piracy needs to come to terms with a few truths.

So What Does a Person Do About All This?

I was reading a lot of other people’s opinions about intellectual property rights in preparation for this article, and by far the biggest piece of advice I encountered was to try and care less about copycats and pirates.

While I do think a lot of people are overly concerned about these matters or jump to conclusions too quickly (as in the Urban Outfitters story), I’m not completely satisfied by this answer, so I’d like to add to it:

If your idea is certifiably innovative, do look into securing a patent for it.

If you have a video course or a membership site or something of that nature, by all means password protect them! I’m certainly not suggesting you get rid of very basic measures like these.

If someone is legitimately copying you, confront them with an e-mail or ask a friend to do it for you. There’s always a chance that they’re in the naive category, and you will be educating them on proper business behavior. On the other hand, if you confront a business owner and are unable to turn them around, remember that they’re acting as a second-rate version of you, and hold your head up high knowing that you’re a leader and influencer.

Along that line, it recently occurred to me that Instagram (the photo sharing site Facebook purchased for $1 billion) had no official intellectual property when they were sold. And to boot, they had many imitators. It’s just that the Instagram team was very good at what they did and holding their own in the marketplace. I think that’s a lesson we can all take with us as we encounter unfortunate inevitabilities like copycats and pirates.

And, finally, whenever in doubt: slooow, deep breaths. They go a long way. I promise you.

Photo credit: Pascal / Flickr

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