The Ethics of Building in Public: Protecting IP

4/17/2025

Building in public has become a popular phrase across the creative & entrepreneurial world, especially among startups, independent creators, & developers. This approach fosters community engagement & transparency, allowing individuals to share their journeys, successes, & struggles openly. However, with the rise of this trend comes the challenge of navigating ethical considerations, particularly concerning intellectual property (IP). In this blog post, we’ll dive deep into building in public ethics, explore how individuals can share their work while protecting their IP, & discuss strategies for finding the right balance.

What Does it Mean to Build in Public?

Building in public refers to the practice of sharing the entire journey of creating a product or project. This might include sharing:

Ideas: Describing an idea in its infancy and how it evolves into a full-fledged project.
Iterations: Showing various designs, revisions, and updates throughout the development process.
Feedback: Actively seeking and incorporating feedback from the community.
Failures: Discussing setbacks & challenges to help others learn from the experience.
Successes: Celebrating milestones and achievements as they happen.

Examples of those who build in public can range from tech startups sharing their app development stories to artists revealing their creative processes. Prominent figures in the startup community, like Julian Perez, have used this method not just to build products but also to reach their audiences and drive engagement. With anyone able to jump into the conversation, building in public encourages open dialogue & community—a recipe for innovation.

The Rise of Intellectual Property Concerns

Sharing work openly raises significant concerns about protecting intellectual property. Intellectual property refers to creations of the mind—such as inventions, literary & artistic works, designs, symbols, names, & images—that are utilized in commerce. Intellectual property rights, like patents & copyrights, ensure that creators receive the credit & monetary benefits of their innovations. Still, when ideas are shared publicly, the risk of IP theft & misappropriation increases:

Risk of Imitation: Once an idea is out in the open, it’s easier for others to replicate or mimic it.
Loss of Competitive Advantage: By revealing too much too early, creators may undermine their ability to monetize their innovations.
Dilution of Brand Identity: Sharing undeveloped concepts can confuse audiences about a brand’s core message or unique selling proposition.

For those who choose to build in public, addressing IP concerns while maintaining community engagement is essential.

Building in public raises ethical dilemmas about sharing valuable insights while safeguarding intellectual property. Sharing too much information can lead to backlash, especially if original creators feel their work has been compromised or stolen. On the flip side, withholding too much information may isolate creators from potential collaborators or supporters. Here are some ethical principles to consider when navigating this landscape:

1. Transparency and Honesty

Be open about the risks: It's crucial to educate the community and potential collaborators about the risks associated with sharing ideas publicly.
Clearly State Ownership: Make it clear who owns the intellectual property, and outline potential uses of shared content, so users understand their limitations & responsibilities.

2. Respect for Community Contributions

Acknowledge Others: If the public shares feedback or contributes ideas that influence the project, ensure they are credited appropriately.
Use Open Licenses: If using external sources, consider Creative Commons licenses to ensure contributors are recognized while allowing for community collaboration.

Withhold Sensitive Details: Balance is vital. Do not disclose highly sensitive information that could jeopardize your IP—discuss ideas and processes but hold back on proprietary technology, trade secrets, or specific business models.
Strategic Sharing: Develop a content calendar to pair what to reveal and when strategically. This plan should involve sharing lessons learned without fully detailing development iterations likened to the careful creation of intellectual products.

Strategies for Protecting IP While Building in Public

Now that we’ve established the ethical guidelines to consider, let’s explore concrete strategies for safeguarding intellectual property while engaging in a public building journey:

1. Start by Establishing Clear IP Policies

Define Your IP: Understand what qualifies as IP in your project—this can include logos, tech creations, branding, or unique content approaches that need protection.
Document Creation Processes: Keep detailed records from the inception of ideas through development. This documentation can act as a preventive legal measure should protection be necessary in the future.

2. Use Confidentiality Agreements

Non-Disclosure Agreements (NDAs): When collaborating with third parties, consider using NDAs to protect sensitive IP that you might need to share with others for feedback.

3. Apply for Provisional Patents

Secure Temporary Protection: Inventions can be protected by applying for provisional patents. This process allows creators to use a

The Ethics of Building in Public: Protecting Intellectual Property While Sharing