Things to do when you receive a Copyright infringement notice

Introduction

An infringement Notice against copyright is a serious problem. Notices of copyright infringement can be received from various sources – parties, including individual owners, lawyers, and internet service providers. The notice must specify exactly about work is illegally infringing to determine if you have violated the law. Indian law takes copyright infringement charges very seriously. Individuals receive a hefty fine with a prison term so it is important to contact an expert regarding copyright infringement remedies.

What is Copyright Infringement?

Copyright infringement refers to the unauthorized use of works protected by copyright laws. A copyright gives the original content creator exclusive rights to the ownership and distribution of the work, safeguarding it legally. Copyright has an expiration date. The majority of significant copyright owners extend the copyright of significant works to preserve their ownership of their original content (or over copyright purchased from other creators). In the event of a copyright violation, an author can send a legal notice. The owner of the copyright may warn you of an infringement notice directly or through the use of the means available.

Suggested Read – Complete guide on the legal rights of International Copyright Registration

What are the Remedies for a Copyright Infringement Notice?

1) Do Not Ignore the Copyright Infringement Notice

In general, it is not a good idea to ignore a notification or refuse it. While it could be tempting to disregard the letter, delete the image, and hope the problem goes away, doing so will only lead to legal action being taken by the copyright owners.

2) Do not contact the copyright holder or their attorney right away.

Everything you say will be used against you in case you contact them directly. If a copyright holder contacts you threatening legal action because you are illegally infringing on their rights, do not answer them directly. Make contact with your attorney. Usually, a lawsuit will result in statutory damages. In a crisis, people frequently call the copyright registration holder or the copyright holder’s attorney to explain. Although people normally do this with pure intentions, it could lead to problems. They can use that information against you as proof if you expressed any regret for the violation during that call. Despite your obstacles, maintain your confidence.

3) Check the Copyright Infringement Notice for the Cease & Minimal Fees section.

When you are informed that you have broken the copyright, the copyright registration holder will normally request that you “stop” utilizing the copyright. The majority of the conditions in an infringement notice are usually reasonable.

4) Note the Litigation & Statutory Damages

It is extremely expensive to bring a copyright infringement case in front of a jury, and they will only do so if they are confident they will win. As a result, the chance that someone would desire to do so is minimal. In fact, they will have all the evidence prepared before moving forward. Therefore, it is important that you respond to the notice right away.

5) Verify the claims made against your company

There are numerous factual questions that need to be resolved before you decide on a definite path of action. You must provide the correct information, whether you work with a lawyer or send the letter on your own.

6) Draft a written response to the cease-and-desist letter

The final step is to reply by sending the copyright owners a letter requesting that they cease and desist. It is advised that you speak with legal representation before responding to the allegation. Although if you choose to do it yourself, keep the following in mind:

• Keep your letter formal.
• You should be aware that everything you disclose could be used against you.
• If you give even the weakest confession of guilt in speech or writing, the copyright registration holder may use the information you provided to take legal action against you.
• Therefore, make sure that your reply responds to their request to have the copyrighted work deleted without providing any extra information to the copyright registration holder.

7) Gather Data Regarding the Copyright Holder 

A few legal concerns might also make it difficult for copyright owners to assert their rights. Keep in mind that some of these queries require legal advice if they involve more complex legal issues.

Conclusion

The infringement notice should provide evidence that the sender either owns the copyrights or he/she is authorized to act on behalf of the owner. In case, the letter cannot confirm the copyright ownership, it is considered invalid, and no further action is required. If you have any concerns, you should think about speaking with a lawyer or responding to the letter to clarify the situation. Dealing with legal notification should be a top priority, particularly if you own a business.