The Impact of Digital Media on Intellectual Property Rights

Digital media has had an unprecedented impact on how companies protect and monetize their intellectual property (IP). It has also had an unprecedented impact on how companies and individuals make unauthorized use of others’ intangible assets. For IP owners, understanding the unique challenges of protecting their intangible assets online is essential—as is working with an experienced Florida intellectual property attorney to enforce their exclusive rights as necessary.

From blockchain technology to generative artificial intelligence (AI), recent technological innovations have fundamentally altered the online IP landscape as well. Understanding the opportunities and risks that these innovations present is also critical, though admittedly, this is easier said than done. Not only are these technologies continuing to evolve at pace, but the law surrounding them remains relatively undeveloped at present. As a result, while IP owners must work closely with their counsel to make informed and strategic decisions based on the information that is currently available, they must also remain attuned to new developments (both technological and legal), and they must be prepared to adapt as necessary.  

Broadly, the challenges associated with the impact of digital media (and new technologies) on IP rights fall into three categories: (i) challenges with maintaining control of IP, (ii) challenges with identifying infringing uses, and (iii) challenges with enforcement.

Challenges with Maintaining Control of IP

Intellectual property owners have faced challenges with maintaining control of their IP since the advent of digital media. However, with the volume of digital media produced on a daily basis today—including digital media produced by generative AI—it is now more challenging than ever.

Once IP owners reveal their trademarks and publish copyrighted content online, there is little they can do to prevent others from making copies or creating derivative works. While there are tools available for identifying certain types of infringing uses (which we touch on below), generally speaking, once information is out there, it’s out there. Of course, publishing content and selling products and services online is essential for companies in a wide range of industries; and, for these companies, dealing with these challenges is simply a part of doing business.

Challenges with Identifying Infringing Uses

With the volume of online content today, identifying infringing uses of companies’ IP assets presents unique challenges as well. There are reportedly around 14 billion videos on YouTube, and users upload millions of videos every day. Add to that billions of social media accounts and countless websites around the world, and the volume of content online—which is growing by leaps and bounds every day—is difficult to grasp.

From an IP protection standpoint, it can also be extremely difficult to manage. While there are infringement detection applications, automated scanning programs, and other tools for identifying infringing uses of owners’ IP, none of these tools are perfect. Using these tools can be helpful, but it is not sufficient on its own. Intellectual property owners need to be diligent, and they must work with their IP counsel to pursue enforcement as warranted.

Challenges with Enforcement

Enforcing IP owners’ exclusive rights online also presents its own unique set of challenges. While the owner of an infringing website or piece of digital media will be easy to identify in some cases, in other cases, it will not. Even if the infringer can be identified, questions of jurisdiction and collectability can make pursuing litigation untenable. In today’s world, IP owners are also increasingly facing enforcement challenges related to AI-generated content; and, for some IP owners, the volume of online infringement alone can present a challenge to effective enforcement.

With all of that said, IP owners have options available. Additionally, IP owners need to enforce their rights, as failing to do so can lead to a loss of exclusivity. Along with pursuing litigation as warranted, IP owners can also work with Google, Amazon, Meta, and other platform owners to seek the removal of infringing content. A Florida intellectual property attorney can assist with issuing takedown requests, pursuing litigation and alternative means of enforcement, and taking any additional steps that are necessary to effectively manage a company’s online IP-related risks.

Strategies for Protecting Your Company’s IP Online

In light of these challenges, what can (and should) companies do to protect their IP online? Here are some strategic considerations:

• Leverage the Tools that Are Available – Intellectual property owners should leverage the tools that are available to both protect their proprietary digital media and to identify infringing third-party content. These tools range from applications that prevent copying and pasting on companies’ websites to tools that scan the Internet for confusingly similar trademarks and identical copies or derivative works of copyrighted content.
• Be Smart About What You Post Online (and When) – Companies should also think carefully about what they choose to post online. Not only should companies be sure to avoid posting any trade secrets, but they should also make strategic decisions about when they publish new trademarks and release copyrighted works.
• Register Your Company’s IP – Registering trademarks and copyrights serves several important purposes. Not only does it help to establish IP owners’ exclusive rights, but it also provides access to additional remedies and means of enforcement.
• Take a Systematic Approach to Monitoring for Infringement – Intellectual property owners should work with their IP counsel to implement a systematic online IP infringement monitoring program. This will help ensure that they are able to take action against any infringing uses as quickly as possible.
• Promptly Pursue Enforcement When Warranted – Finally, IP owners should promptly pursue enforcement when warranted. Not only will this help to prevent losses and maximize the chances of securing damages and other appropriate remedies, but it will also help to prevent the further proliferation of infringing digital media.

Speak with a Florida Intellectual Property Attorney at Lott & Fischer, PL

If you need to know more about how your company can protect its IP assets online, we invite you to get in touch. To speak with a Florida intellectual property attorney at Lott & Fischer, PL, please call 305-448-7089 or contact us online today.