Copyright for dummies

Copyright in a nutshell

Copyright is the English translation for copyright. This means that you own all rights to something that you have written, devised, designed or developed yourself. Logical, after all, you have invested a lot of time, money and energy in your product.

If someone takes this without permission and uses it for commercial purposes, this is copyright infringement and therefore punishable. Islamic scholars have also equated the unlawful taking of intellectual property with stealing.

To give a very concrete example: randomly copying photos, illustrations or texts from the internet and then processing them into products that you want to sell, is already a violation of copyright. Unless the makers have indicated that it may be used. If you don't see explicit permission: assume that it is copyrighted.

Good to know

Realize that images that you place on your website or socials will sooner or later end up in the Google search string and the origin is less easy to trace, which lowers the threshold for copying.

Of course you also have another group: direct competitors who keep a close eye on all your movements and consciously copy your ideas.

It is, of course, their offense. Never let them make you feel like you should have been clearer in a confrontation. Copyright arises automatically and only expires when the creator has given explicit permission to copy content or to copy a product. Not turned around.

You're not going to steal a bike because the owner's name isn't on it. Even if it's not on a lock?

Take your precautions

Still, there are some things you can do to discourage copying and save yourself the discussions or possible legal hassle afterwards:

• Keep your ideas to yourself until they are fully developed and for sale. Also leave out details and photos related to the production process afterwards.
• Watermark your product photos with your logo and possibly a copyright symbol.
• Don't upload your product photos in the very best quality so that blatant cutting and pasting becomes less attractive.
• Put a text regarding copyright infringement + its consequences on your website and social media channels. If you sell Islamic products, you also refer to fatawa about respecting intellectual property.
• Ask your followers to let you know when they see someone using your content or counterfeiting products. Copycats who know you're wary are less likely to copy you.

Close all holes

Copyright arises automatically in theory, yet in practice it is difficult to prove who was there first. That is why I have registered all my graphic designs and self-written texts with the BOIP .

The BOIP , or the Benelux office for intellectual property, is an official body that is authorized to register patents and register brand names, but they also mark designs and texts with a date, for example, so that in the event of a dispute it can be shown that you are the are the inventor.

This is of course not free, but if you know that your content is prone to copying, it is well worth the investment.

Also put a notice about this on your website. That way you already scare off copycats. If they do go a step further, then you have all the evidence in your hands in a legal dispute.

A dispute

Of course you don't want a legal dispute either, but if you are forced to do so, it is essential that you have proof and can demonstrate that you are the original creator. Preferably with an official document from the BOIP or notary, but if you do not have this, you can look up when you put your product online and when the counterparty did this. Posting dates are always posted on social media.

In the first instance, you should send a written warning asking to remove the pirated content. If this is not heeded or treated with laughter, you will send them an invoice for the use of your intellectual property and the announcement that you will take legal action if you do not pay. Someone who knows that he or she is in violation, really don't let it get to that point and will just pay the bill neatly.

In any case, save any conversations you've had with him or her in case it goes to court.

Keep it legal

If you have nice, original ideas or texts, but you are not very good at graphic design, fortunately there are a few legal and budget-friendly tools:

• stock photos. These are large databases packed with photos and illustrations. Some are royalty-free and free, others are paid if you want to use them for commercial purposes.
• Subscribe to Canva. You have a free version, but for only 12 € per month you have access to hundreds of thousands of high-quality images, fonts and templates that you can and may use in commercial products without any problems. The downside here is that the whole world uses this app en masse and that it is therefore possible that a competitor "coincidentally" will use the same illustrations, color palettes or fonts for his or her products or social media content. Annoying? Yes! But you can no longer fall back on copyright at that point.

Bottom line

Do business on the basis of knowledge and capabilities and not for profit. Abusing other people's creativity to make quick money is anything but fair and Islamic business.

“O those who believe! Do not eat (proprietary) each other's property in an unlawful manner, unless it is trade by mutual consent." Surat an-Nisa: 29