As the interest in online learning has grown in recent years, so too has the number of course providers hoping to secure their share of an increasingly crowded market. To stand out from their competitors, online course providers spend considerable time and money creating strong, engaging content and nurturing a trusted brand. So, it can be extremely frustrating and upsetting when you discover that someone else is using your content without your permission, particularly when it’s your primary income source. The problem is pretty widespread but, luckily, copyright law can address it.
In this article our copyright lawyers explain how copyright can protect your online course, the steps you can take to identify copying, and your rights if someone has used your online course content without permission.
Contents:
- How do I know if someone has copied my online course?
- Can third parties ever use my work without permission?
- What evidence do I need to prove that my online course has been copied?
- Can I still take action if my course content was partially copied?
- What legal options are available to stop someone from using my course material?
- What can I expect if my claim is successful?
- Can I recover legal costs if I win a copyright infringement case?
- Summary
How do I know if someone has copied my online course?
It’s important to proactively monitor the market for any unauthorised use of your online course material so you can act promptly to protect your reputation and prevent any further loss of profits.
Examples of the measures you can take to identify stolen content include the following:
Carry out internet searches
Entering key sections of your course content into a search engine can return any websites using your material without consent.
Keep an eye on reviews
Websites like Trustpilot offer a forum for users to provide feedback on their experiences of an online course. In addition to being a good barometer of how your course is being received, reviews left on these sites can highlight any infringement issues if a user comments that another course is similar to yours.
Monitor your competitors’ content
Regular checks of your competitors’ websites and social media accounts can assist you in detecting any copying at an early stage. They might have lifted sections of your course for use on their own website, used your text as clickbait on their social media accounts, or copied your graphics or branding without permission.
Use Google alerts
Google offers a free alert system that notifies you each time the content you are interested in appears online.
Use online plagiarism tools
Various websites can assist you in identifying copying by scanning the internet for content that is the same as yours. For example, you can enter the URL of the webpage you wish to monitor into Copyscape, and it will return any matches, including partial copies. Paid services like Copysentry automatically scan the web for plagiarism and notify you whenever it locates a potential copy of your content.
Can third parties ever use my work without permission?
Copyright offers incredibly useful protection against unauthorised copying of your online course content, but the rights it provides aren’t absolute. The main exception to the ban on third parties using your work without permission is when they are doing so for ‘fair dealing’ purposes.
Fair dealing permits the use of a copyright work in certain circumstances, such as news reporting, parody, and review. For example, if a third party uses a quote from your course material to review it, they may be able to defend any copyright infringement allegations on the basis that their use was ‘fair dealing’.
Whether or not a particular use can be considered ‘fair dealing’ depends on the circumstances. Any acts that cause the copyright owner financial loss are unlikely to be deemed ‘fair dealing’. Speak to our expert copyright solicitors if you’re unsure. They will review how your material has been used and advise you on your rights and options.
What evidence do I need to prove that my online course has been copied?
Unlike some intellectual property rights such as trade marks, you need not register copyright in the UK to benefit from protection. You do need to prove that you own the material and that the other party has copied it. To assist you in doing so, the following evidence can be invaluable:
- A record of how you designed your course content.
- Details of when and where you first published your course.
- A comparison of your content against the copied material showing the extent of the copying. You should highlight the parts that have been copied, such as your text, images, videos, branding, or overall structure.
If you don’t have all this evidence yet, don’t worry. You shouldn’t delay seeking legal advice while you collect it since the longer the infringing content remains online, the more significant your potential losses and reputational harm will be. Our copyright solicitors will advise you on the evidence required in your case and help you gather it where necessary.
Can I still take action if my course content was partially copied?
Yes, contrary to popular opinion, your course need not be copied in its entirety to constitute copyright infringement. Even if only chapters, sections, or images have been copied, you may still be able to take action.
Copyright law protects against someone copying a ‘substantial part’ of your online course. What constitutes a ‘substantial part’ depends on the circumstances. Whilst the more content the third party has copied, the more straightforward your case might be, partial copies can constitute infringement.
What legal options are available to stop someone from using my course material?
If your online course has been copied, our copyright solicitors can assist you in procuring the removal of the infringing material and securing the damages you are entitled to.
You have various options when someone copies your online course, including the following:
Cease and desist letter
All copyright infringement matters start with the copyright owner’s solicitors sending a cease and desist letter to the infringing party.
Cease and desist letters are detailed legal letters describing the nature of the copyright owner’s rights and how the third party has infringed them. The letter explains that the rights owner will take legal action unless the recipient complies with the demands listed in the letter. Those demands usually include stopping the infringement and paying damages.
Sometimes, a cease and desist letter is enough to end the infringement. Even when the other party has ignored or resisted your previous demands, realising that solicitors are involved often focuses their mind and encourages them to comply.
Even if the cease and desist letter does not resolve the issue immediately, it may act as a catalyst for settlement discussions, which can lead to a favourable outcome without litigation.
Settlement
Our clients are often relieved to learn that most copyright infringement claims are settled before trial. Some cases settle before a claim is even issued. Below, we explain the key elements of a couple of popular ADR methods in copyright infringement cases.
Negotiation
Negotiation is the most straightforward and least formal method of ADR. It involves the parties’ legal advisors attempting to settle the dispute without the involvement of any third parties.
The legal advisors will seek to balance securing the most favourable settlement terms for their client with giving the discussions the best possible chance of success. This may involve making concessions on matters that are not of great importance to their client whilst standing firm on those that are. Our copyright solicitors are expert negotiators and frequently negotiate excellent settlement terms for our clients.
Negotiations are usually conducted on a ‘without prejudice’ basis, which means that they are confidential and cannot be referred to in any subsequent court proceedings.
Mediation
Mediation is an extremely popular form of ADR. It involves a third party, known as the mediator, working with the parties to resolve their issues. The mediator does not take sides and is not there to judge who is right and wrong. They simply encourage a constructive dialogue and facilitate settlement.
The parties retain control of the mediation process. They can choose the mediator they feel is best suited to their case, and decide on the time, date and venue of the mediation. It’s a confidential process, so the parties can speak openly without fear that anything they say will be used against them. Mediation has a high success rate.
Despite its many advantages, mediation has its drawbacks. For example, if the other side is particularly unreasonable, they might not properly engage with the process, making a settlement unlikely. Our copyright solicitors will assess the suitability of your case for mediation.
Takedown notice
Third-party intermediaries involved with infringing websites, such as ISPs and web hosting companies, are not liable for the website owners’ infringing acts. If they are made aware of the issue and fail to address it, the Court may force them to block access to the infringing content.
To avoid becoming embroiled in legal proceedings, most intermediaries operate systems through which copyright owners can report copyright infringement. If they are satisfied that your allegations have merit, they might block access to the website.
In addition, you can complain to Google, which may take down or restrict access to the website in question.
The processes involved in removing or blocking an infringing website are complex and can often be frustrating, not least because they are automated. Copyright in the UK isn’t registered, so you won’t have a registration to rely on as you would in cases involving trade mark infringement, for instance. As such, persuading the intermediary to action your request can be an uphill struggle. Our copyright solicitors have vast experience navigating the processes on most well-known intermediaries and are perfectly placed to assist you.
Whilst an intermediary may remove or block access to the existing infringing material, they cannot prevent the other party from copying your course content elsewhere. As such, our copyright solicitors may advise pursuing this option in conjunction with other actions, such as a cease and desist letter.
Litigation
If the copied content is causing your business ongoing harm, and other resolution methods, like negotiation and mediation, haven’t settled the issue, court proceedings might be the only option. A court judgment confirming the other party’s unlawful acts will definitively resolve the issue, protect your business interests, and preserve your reputation in the market, particularly if the copied content is of inferior quality to yours.
Copyright litigation is inherently uncertain, so there can never be any guarantee that a claim will succeed. Our solicitors are vastly experienced at assessing the merits of an infringement case. They will consider the strength of your position and advise on whether pursuing a claim makes commercial sense.
It’s important to understand that even if you issue proceedings for copyright infringement, there’s a high chance that your case will settle before trial.
What can I expect if my claim is successful?
If your copyright infringement claim is successful, the court will likely grant the following relief:
An injunction
An injunction is a court order prohibiting the other party from doing the acts detailed in it, namely infringing the copyright in your online course.
Injunctions are powerful remedies, usually endorsed with a penal notice. If the other party carries out the acts prohibited by the injunction, they may be held in contempt of court and fined or imprisoned.
Damages or an account of profits
If your claim succeeds, you will likely be entitled to damages or an account of profits. You can choose whichever remedy results in a higher payment, but you cannot choose both.
Damages are intended to compensate for any losses your business has suffered due to the other party copying your online course. For example, if you can prove that multiple students used the other party’s services instead of yours, you might be able to claim for the resultant loss of business.
If you choose an account of profits instead of damages, the other party will be ordered to pay you the profit they made from their infringing activities.
Our copyright solicitors will advise whether damages or an account or profits would be more advantageous in your case.
A declaration
The Court may agree to make a declaration that copyright subsists in your online course and that the other party has infringed it. Declarations can prevent further copying by acting as a deterrent.
Publication and dissemination
The Court may agree to you publicising and disseminating the judgment. This can help restore your reputation among prospective students and deter other would-be infringers.
Can I recover legal costs if I win a copyright infringement case?
If you win your case, the other party will be ordered to cover your legal costs, save in exceptional circumstances. You won’t recover all your costs but can expect to receive around two-thirds.
Summary
Online courses have transformed the way students learn, and using your knowledge and experience to develop an online course can be incredibly lucrative. Unfortunately, unscrupulous individuals frequently seek to cash in on other peoples’ hard work by simply copying their course content. Creating a successful online course takes a lot of effort, so it’s understandable to feel pretty aggrieved when you discover this has happened to you.
There are several options for stopping the infringement and recovering any profit you have lost as a result. Sometimes, this involves litigation. Often, our copyright solicitors secure excellent results for our clients without having to resort to court proceedings. They will review your case and advise on the options available to achieve your goals as quickly and cost-efficiently as possible.
