Copyright Infringement Notice

Receiving a Copyright Infringement Notice

Receiving a copyright infringement letter can be a very stressful experience. It can be devastating to hear that someone is claiming that you have infringed on their intellectual property rights. However, it is important not to panic and to respond in a professional and timely manner.

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AI software can now run internet searches and detect the source of copyrighted works such as text, photos and videos. It can even find copyrighted works that are embedded as PDF's. As a result, copyright infringement notices are being sent sent more often.

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Companies and law firms, known as copyright trolls, are attempting to use this technology in bad faith to make money from alleged copyright infringers. They are taking advantage of those they identify by using scare tactics. Sometimes they have a legitimate demand, but sometimes they have questionable claims and are looking for an easy way to make money.

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That is not to say you should ignore these letters, they are being sent by people who know the system and want to play on the fear factor that the letters produce. Ignoring them could mean a copyright  infringement lawsuit gets filed against you!​

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In some cases, the letter being sent has little merit, either because the sender does not represent a legitimate copyright holder or has not presented a legitimate copyright claim. In other cases, even if there is copyright infringement, there may be defenses, such as fair use, that can be raised to negate any infringement.

The first step is to carefully review the letter and assess the validity of the claims being made. You may have a legitimate reason to use copyrighted material or a legitimate defense. The copyright act has several exceptions to copyright infringement and the copyright law recognizes fair use, as one type of defense. There are several other defenses, including copyright invalidity and statute of limitations, but each case must be analyzed on its' own facts.

If the claims are legitimate, it is important to take swift action to address the issue and avoid further infringement. This includes removing any infringing content from your site. Better to be safe than sorry, even if the claim is dubious. It is highly recommended to seek the advice of an experienced copyright attorney to properly evaluate the situation and develop a response strategy that protects your rights while avoiding costly legal battles. 

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As an attorney, my first step is to gather more information to evaluate the claim, which includes both doing my own research and sending the other party a letter which requests more particular information regarding the purportedly infringing content, especially if the initial letter is silent on such information.

If after an evaluation of all the facts it appears that the sender has a legitimate claim, an attorney, such as Intellequity, can assess the strength or weakness of the claim and provide guidance on the best way forward. In some instances, the case may be so weak for the sender that it is advisable to do nothing, and I can draft a letter to the sender to that end. In most others, It is advisable for me to negotiate a reduction in the 'fee' requested and to ensure that any settlement agreement is fair and protects your interests going forward.

With the right guidance and approach, you can navigate the confusing world of copyright infringement demand letters and come out of the matter intact. Receive a copyright cease and desist letter? Book a low-cost consult today!