How to Respond to a Copyright Infringement Notice

The Copyright Act of 1976 is the foundation of American copyright law. It allows people, businesses, and organizations to protect original works of authorship. When one party believes its copyright is being violated, the first step is generally to send an infringement notice. A copyright infringement notice is a type of cease-and-desist letter. Most call for immediate corrective action.

Did you or your business receive a copyright infringement notice? It is imperative that you know how to respond. At Perkins Law, we are proud to be leaders in intellectual property (IP) law. Here, our Boca Raton copyright infringement defense lawyer provides a step-by-step guide for responding to a copyright infringement notice.

Step #1: Do Not Ignore a Copyright Infringement Notice 

Receiving a copyright infringement notice can be unsettling. The biggest mistake you can make is to simply ignore it and discard it. The simple reality is that ignoring the notice may lead to escalated legal action from the sender. Even if you are confident that the infringement notice is not substantiated, it is imperative that you take a proactive approach. Address a copyright infringement allegation head-on. A proactive approach can make a big difference.

 Step #2: Read, Review, and Preserve the Letter 

For the most part, copyright infringement notices are a type of cease-and-desist letter. They typically notify the recipient of (alleged) copyright infringement and they request action. That action may be a takedown and, in some cases, even payment of damages. You should carefully examine the infringement notice to understand the specific allegations. Identify what content is claimed to be infringing, the rights holder’s information, and any demands or deadlines stated. You should preserve the letter and all related communications.

 Step #3: Do Your Research (Gather Relevant Evidence) 

The more evidence that you have that supports your position, the easier it will be to raise a defense against copyright infringement allegations. Gather all pertinent information related to the alleged infringement. You should gather timestamps, licenses, permissions, or correspondence that prove your right to use the content. Research the claimant to verify their ownership and the validity of their claims. Understanding the context is key.

 Step #4: Consult With a Lawyer and Evaluate Your Options 

You do not have to take on copyright infringement allegations alone. A top-tier Florida copyright infringement defense lawyer can review your case, answer your questions, and help you develop a comprehensive strategy. Your attorney can guide you through all available options—from aggressively disputing an unfounded claim to negotiating a settlement to complying with the demands to resolve the issue at the lowest possible level of conflict.

Get Help From Our Copyright Infringement Defense Attorney in South Florida Today

At Perkins Law, our Florida copyright infringement defense lawyer is standing by, ready to protect your rights and your interests. If you have any questions about responding to a copyright infringement notice, we are here as a resource. Contact our firm right away to set up a fully private case review. Our firm provides copyright infringement defense throughout Southeast Florida.