PROMOTE CREATIVITY

Let customers decide how to use and discuss your product.

Even if your business model involves selling or otherwise monetizing content, consider the costs and consequences of aggressively asserting your rights to control the use or distribution of that content, whether through legal or technological means. The law gives you tools to enforce rights to your content, but with this power comes the responsibility to use it wisely. Encouraging your customers to use your content or service in new and innovative ways may attract more paying users, while limiting their ability to enjoy your service could drive them to less restrictive competitors.

USE INFORMAL CHANNELS TO OPEN DISCUSSIONS
Before resorting to, or even threatening, legal action, contact the offending party and explain your concerns. You may be able to reach an amicable solution that serves the interests of both sides instead of winding up in a conflict that may not benefit anyone.
CAREFULLY EVALUATE THE LEGAL BASIS FOR YOUR DEMANDS
Do not attempt to control content or information about your company using legal claims that are unlikely to stand up in court. Doing so will not only cost you time and money, it may harm your reputation and even lead to countersuits.
Case Study

Katy Perry Ridiculed After Threatening Lawsuit over “Left Shark” Replica

Katy Perry found herself the subject of press ridicule after her lawyers sent a cease-and-desist letter to a 3D printing service for selling a replica of the Left Shark made popular by its awkward dancing in Perry’s Super Bo

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Katy Perry found herself the subject of press ridicule after her lawyers sent a cease-and-desist letter to a 3D printing service for selling a replica of the Left Shark made popular by its awkward dancing in Perry’s Super Bowl XLIX halftime show. The singer (and her lawyers) were slammed for trying to control the spread of a costume that was not protected by copyright. Press accused Perry’s team of “desperately” trying to assert control in what amounted to a “show of hubris.”

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Case Study

Apple “Bites the Fans that Feed It” by Waging Attack on Bloggers

Apple was chastised by Forbes for “biting the fans that feed it” after trying to clamp down on blog posts about rumored upcoming products.

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Apple was chastised by Forbes for “biting the fans that feed it” after trying to clamp down on blog posts about rumored upcoming products. A California appeals court shot down Apple’s attempt to use legal methods to try to stifle conversation about its next-generation devices, vindicating the rights of online journalists to protect their sources while criticizing Apple for its aggressive use of the civil discovery process.

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CONSIDER THE POTENTIAL CONSEQUENCES OF LEGAL DEMANDS
In many cases, although you might wish to limit the use or distribution of your intellectual property or other content connected to your company, using legal mechanisms such as copyright takedown demands to attempt to assert control may simply not be effective. Assess the likelihood that your demands will be perceived as attempts to suppress speech, further fanning the flames of interest in the information and resulting in significant damage to your brand as well.
Case Study

Sony’s Internal Emails Widely Disseminated After Tantrum over Leak

Sony Pictures Entertainment experienced the full force of the “Streisand effect” when its efforts to prevent the publication of emails leaked in a 2014 hack had the result of heightening the public’s interest in them.

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Sony Pictures Entertainment experienced the full force of the “Streisand effect” when its efforts to prevent the publication of emails leaked in a 2014 hack had the result of heightening the public’s interest in them. The company’s over-the-top reaction, including demands that Twitter and several news organizations delete any information they might obtain, only served to draw more attention to the leaked emails. The effort failed horribly, ultimately leading to a WikiLeaks project that archived the trove of emails and made them searchable for posterity as well as even more negative press for Sony.

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MAKE SURE YOUR DEMANDS ARE COMPLETE AND EASY TO UNDERSTAND
If you do issue any legal demands, ensure they not only meet any applicable legal requirements but also follow any instructions provided by the host of such content. Provide accurate and up-to-date contact info so recipients can easily contact the person in your company familiar with the demand to resolve or contest it. Facilitating communication about your demand can help repair mistakes and relationships without costly litigation.
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