Creative Commons enforcement Brazil

Joao was a Portuguese blogger with a certain reputation within the media sector. Media contents, were published on his blog under a Creative Commons License. One day Joao notices that a company was using his work without fulfiling the terms of the license.

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Lessons learned

Sometimes, a claim before Courts simultaneously with a Cease and Desist Letter is a very effective tool to dissuade the infringers, and will help you to be taken seriously by them.

Including a Copyleft licence, such as Creative Commons, is a very simple mechanism to protect your IPR.

Sharing your Copyright-protected work under a Creative Commons License does not prevent you from claiming against an infringer if the terms of the license are not respected. However, it could be used as a good basis for an ulterior negotiation/legal action.

SMEs that are operating on the Internet are recommended to think globally when protecting their IPRs. For this purpose, taking into account the IP regulation of the potential destination countries is highly advisable.

It is very common that IP Lawyers in your country have also partnership agreements with IP Lawyers abroad. Even when it’s a bit more expensive, it gives you more control on the development of the case compared to contacting directly a Lawyer on the destination country.