How I **TRY** to Protect My Business from Copyright Infringement, Plagiarism, & Intellectual Property Theft
© Dakota Design Company 2017-2024 | All rights reserved. This content may not be reproduced, distributed, or used without permission.
One unfortunate reality of living and working in the digital age is that it opens wide the opportunity for people to engage in intellectual theft. The National Crime Prevention Council has reported that more than 45% of all U.S. businesses have suffered losses due to intellectual property theft.
Almost half! 😖
All a person needs to do is visit a website and download or copy some content—whether it’s an artistic creation, written subject matter, or a saleable product.
Often, the creator or business owner is unaware this has even occurred, while the thief benefits by presenting the content as their own without putting in the actual effort or actually owning the content.
In the two months prior to writing this blog, my team and I identified SIX separate instances where designers or coaches have used our intellectual property without permission. These instances included people selling our materials, using our copyrighted content in their competing services, or providing our templates as bonuses inside their paid programs.
SIX cases. In two months.
I’m sharing this with you, my DDC community, because I know you care about the integrity and ethical standards of our industry. I’m also sharing because we’ve had to devote significant time and resources to managing these situations, from collecting evidence, engaging legal services, and creating processes to further protect our IP.
💌 Want my best insights and strategies delivered weekly? Join The Weekly Install® — it’s free. Sign up here.
Don’t you just wish the online world could be a place of honesty and fair play?
AND, just a week before writing this post, I discovered an interior design business coach/mentor who was reposting my blogs on her website as her own and also reading them aloud verbatim on her podcast!
All of this was happening without my knowledge and without my permission.
Instances on her website of my intellectual property dated back to early 2023—meaning, she may have been building her business using my content for well over a year. I’m only now realizing the extent of the damage.
After sharing this story, I was overwhelmed by the support of interior designers, educators, architects, business coaches, and online business owners. Some simply in support of my business, some grateful for me bringing this to light, and some who have experienced something similar. Some of you even reported similar experiences with this SAME BUSINESS COACH/MENTOR.
How can we put a stop to this?
With AI growing more prevalent and content being easier than ever to duplicate, I can only hope we’ll eventually see stronger enforcement and regulation in the online space. But, until that day comes, we as business owners and creators, need to take proactive steps to try to protect our businesses and our work.
Below, I’ve compiled a list of practical, preventative actions that we have taken and some you may consider as an interior designer or creator to help safeguard your content and intellectual property. These are steps to consider before someone infringes on your rights.
Reminder: I’m not an attorney, so always talk to a licensed attorney in your state to ensure you are doing everything possible.
Preventative Measures to Take to Protect Your Copyrighted Materials as an Interior Designer
Put a copyright notice on your website. Mine looks like this: © 2019-2024 Dakota Design Company. I have placed it on the bottom of every page on my website, and on all materials I have created. This can serve as a reminder that your content is protected.
Consider registering your works with the U.S. Copyright Office. While this isn’t feasible for every Instagram post, email newsletter, or blog post, registration may be worth considering for substantial works or signature pieces to add an additional layer of legal protection.
Display your copyright information on everything. For plans, designs, emails, and any digital materials (think spec books, arch plans, etc.) adding a copyright notice reinforces that these are your works.
Work with your attorney to clarify copyright ownership in contracts (not just for contracts your client signs with you but also for ones you sign with other businesses). Include terms that define who owns the work and outline its permitted use. This is essential for contracts with clients, photographers, collaborators, and team members.
Use a Terms of Use statement on your website. This can help clarify your materials can and cannot be used. *You can easily buy one online. but I still suggest having an attorney review and customize it for your business to ensure it’s legally sound and reflects your specific needs.
Add code to your website to reduce the risk of content copying. Yes your content can still be screen shotted, but they can’t be copied and pasted word for word—which requires a bit more work for anyone who is trying to use your content without permission, and LORD KNOWS these folks are not trying to do any of the work.
Block IP addresses of known infringers or suspicious bots (if possible). Some website platforms or hosting services allow this feature.
Restrict AI bots from crawling your website. Some AI bots can scrape website information, so adding restrictions in your site settings can limit access. There are instructions in the article I link below for how to do this. PS: Squarespace has a button you click to restrict AI bots!
Use watermarks on any visuals you want to protect. For photos, plans, digital spec books, designs, etc. watermarks can discourage unauthorized use.
Credit yourself and photographers on all proprietary images you share online.
Block people from your social media channels if you know they are copying.
Turn off any AI scraping permissions that allow AI tools and apps to scrape your information to feed the “machine”. I found a bunch of how-to’s in this article.
In my company, we adjusted settings in:
Grammarly
ChatGPT
Asana
Zoom
Implementing these steps can’t guarantee complete protection, but they can help make it more difficult for others to misuse your work.
Preventative Measures to Help Protect Your Copyrighted Materials with Clients, Employees, and Contractors
Since I began working with interior designers in 2017, I’ve heard countless stories of former employees who start competing businesses, solicit the designer’s clients and trades, and use their professional photos and other proprietary content to promote their own new business—without permission.
Whether or not a contract is in place, these actions can feel like a real breach of trust. The best way to minimize these risks is to:
USE A CONTRACT!!
CONTRACTS CONTRACTS CONTRACTS
Seriously—contracts are essential!!
Invest in a contract that clearly outlines:
a. Who owns the IP created for the company’s use or for a specific project
b. What the non-solicit terms are
c. How they can use your works/licensing terms
d. Termination policy if fraud is discovered
e. How AI can be used in the final deliverables
If you haven’t already established agreements like these with your team members, consider doing it now.
Yes, it is possible to implement these policies with your current subcontractors and employees. We recently brought in an HR consultant for one of our programs, and she walked designers through ways to introduce these kinds of agreements, even with an existing team.
So, if you’re in a situation like this—you have subs and employees and not a single agreement anywhere in place—reach out to an attorney or an HR consultant for guidance.
These protections are KEY!
Preventative Measures to Protect Your Copyrighted Materials If You Sell Products, Templates, or Courses
We’ve heard countless stories of builders, realtors, and other professionals reusing specs and plans developed by another designer without permission—often with clients who have NO idea the materials are unlicensed or copied. We’ve also heard about business coaches in the design industry who have had students who have taken their courses turn around and replicate the exact same course (content included) in their own business.
The stories don’t end. It is sickening.
But here’s something I want you to remember (and that I have to remember myself): MOST PEOPLE ARE RESPECTFUL AND HONEST. These tips won’t even apply to 98% of the people in your business ecosystem.
But for that other 2%, you’ll be so glad you took these steps to protect your work—EVEN when the infringer insists, “Community over competition!” or “Oh my gosh, it was my copywriter. I had no idea.” ← Please don’t fall for that. We get it almost every.single.time.
Again, there are some ways you can TRY to protect your content.
Add a terms of use statement to your website footer.
Add a terms of use statement and return policy at checkout.
Add a terms of use statement and licensing info on product descriptions.
Include your copyright information and licensing terms IN each product.
Include an IP reminder in all recorded materials.
Add watermarks to all visual content.
Consider setting up automated reminders post-purchase to reinforce your terms and ensure customers understand how they can and cannot use your products.
Ongoing Measures to Help Protect Your Copyrighted Materials From Unethical Business Practices
If you share your expertise or work online, safeguarding your intellectual property (IP) is essential. Here are some ongoing strategies we’ve implemented in response to an unfortunate rise in IP misuse.
Now remember, these measures won’t prevent infringement. They’re designed to hopefully help you stay informed and take quick action if misuse occurs (like me finding out in November 2024 that someone has been posting my blogs on their website and reading my blogs on their podcast without permission since MARCH 2023. The proof is so alarming!).
Track your IP (an attorney I respect, Erin Austin, suggests using a spreadsheet to inventory your IP).
a. Track your customers/clients in the spreadsheet and what they purchased/what IP they have OR Track your IP and where it has been shared.
b. Set a cadence to review their sites/socials for any signs of misuse.
Set up Google Alerts with key phrases from your materials to receive notifications if your IP shows up somewhere else online.
Use website copy protection tools to scan the internet for duplicated content to identify potential infringement on other sites.
Have a response process to handle this if or when it happens.
There are also ways to leverage AI to help with this process as well. These are only just SOME of the actions we take to help protect our IP.
Unfortunately, as I’ve learned, these measures don’t always prevent issues altogether.
(In one memorable instance, I saw a tagline on an infringer's website that read, “I’m living proof that if you want it bad enough, you will find a way.” Well, she certainly did.)
Now, I know there are a lot of items on this list and it will take a bit of time to put these protective measures in place. BUT, if you do it once, it will be much easier to manage going forward.
Yes, it’s frustrating that those of us who just want to do good work and care for our clients have to take these extra steps to protect our hard work. Unfortunately, there are some (that 2%) who might try to benefit from others’ expertise.
Here's the thing: you can’t catch them all, nor is it necessary to. Some minor instances may not be worth your time or energy to pursue.
But, for more significant issues, this process can take a toll on your mental health if you let it.
So, if this happens to you, you’ll want to determine whether it’s worth it to you to address these situations.
Ask yourself: Is this infringement causing real harm? Is it affecting my business or my reputation? Is it misleading clients or damaging the industry? Is it hurting the end consumer?
Then ask: What actions am I prepared to take, and what cost am I willing to incur to address it?
In the case of the interior design business coach/mentor who was posting my content word for word on her website and reading my blog posts on her podcast word for word without permission, presenting them as her own expertise—her misrepresentation was seriously misleading other designers into thinking they could achieve specific results if they paid for her coaching. Many designers shared they felt misled and a large group of them worked with an attorney.
In most cases, a simple email asking the person to remove the content and stop doing it will be enough. This initial outreach usually makes them AND lets them know they’re on watch.
The biggest thing is, you just want them to i) take your content down immediately and ii) STOP what they are doing altogether.
However, when someone is actively using your intellectual property to compete with your company or profit off of your expertise, it’s a different situation. And when they mislead a large audience, it’s worth considering your next steps carefully.
If you’re dealing with intellectual property theft, copyright infringement, or other attempts to profit off your hard work, my heart goes out to you.
If you are an interior designer or business owner who has been impacted by this most recent instance I shared on social media, Dari Levy, the director of Levy & W at @levyw_law, has experience in the industry and shared she would be happy to offer her advice & assistance on this matter. Contact her directly at d.levy@levyw.com.
In an upcoming post, I’ll share how we handle IP and copyright infringement at Dakota Design Company in the hopes that you will feel more confident protecting yourself if you’re ever in this situation.
PS: This isn’t legal advice—I’m a CEO, not an attorney. Please consult with a licensed attorney in your state for any legal questions specific to your business.
PPS: If you’d like to share this post with your audience, please credit Dakota Design Company as the original author.
💘
Looking for more? Keep reading:
