Copyright Infringement Notice
Have you received a letter stating that you have violated a copyright and the notice is asking you to pay a large sum of money to settle? Read below for more information and for a brief discussion of how Intellequity might be able to help you defeat the claim, or reduce any amount you might pay!
Receiving a Copyright Infringement Letter
Receiving a copyright infringement letter in the mail or email can be a very scary, intimidating and stressful thing. You may have done nothing wrong, or you may have inadvertently used something the wrong way.
AI software can now run internet searches and detect the source of copyrighted material, such as text, photos and videos. As a result, letters of copyright infringement are being sent more often. They can even find documents that are embedded as PDF's.
This is becoming a more common problem. Companies and law firms, known as copyright trolls, are using technology to make money from alleged copyright infringers. They are taking advantage of those they identify.
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. There can be severe penalties for copyright infringement, and if you have infringed any copyrights, ignoring them could mean an infringement lawsuit gets filed against you!
Fortunately for you, there are ways to deal with these copyright demand letters so that any impact they produce will be minimal. I can provide you with advice on how to handle the situation, and how to best move forward. Depending on the specifics of your matter, I might advise you to respond, negotiate, take legal action, or to simply ignore the letter.
In some cases, the letter being sent has little merit, either because it does not represent a legitimate copyright holder or a legitimate copyright claim. In other cases, if there is copyright infringement, there may be defenses that can be raised to negate any infringement.
Either way, I can look through the facts and documents of your particular situation, assess the merits of any claim, assert any defenses that might be raised, and respond to the letter. It might be an outright denial, or conducting a negotiation to reduce what you are asked to pay. In either case, I can provide you with the information and advice you need to make the best decision for your particular situation.
Need more detailed information? I can provide you with easy-to-understand, practical and trust-worthy legal advice on your copyright infringement questions. Want to talk now? You can easily book a consult here!
Responding To An
Infringement Letter
If you have received one of these notices, do not ignore it, but do not respond until you have more information. Anything you say can potentially make it more difficult to fight or negotiate. Contact my office. At a minimum, we can provide some advice to help guide you. Better yet, you can hire my office to represent you.
How can Intellequity help? My office can assess whether the alleged copyrighted material is even federally copyrighted. Without such registration, a plaintiff has little recourse against an infringer. That is not to say that one cannot obtain a copyright registration at a later date and still claim infringement, but they are extra steps that must be taken by the copyright owner and this fact can be used as leverage in any negotiation. In addition, only the proper party can bring any suit. The party contacting you or the one they represent may not be the proper party. These are factors that we look in to.
In addition, you may have a legitimate reason to use any 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. My office has the experience and knowledge to help you get through this situation.
Have more questions or want more detailed information? Feel free to book a consultation to learn more about the process and your rights. If you decide to move ahead, we can begin the process together.
Copyright Letter FAQ's
1. Can I ignore the copyright infringement letter I received?
Ignoring a letter, even a seemingly frivolous one, could jeopardize valuable right you may have and could worsen the situation. Never ignore one of these letters. Find competent counsel to analyze and respond as appropriate.
2. I received an infringement letter from Germany (or some other country). Is this a joke?
Never assume that the letter is a joke. Several firms attempt to circumvent the more strict copyright laws of the US by filing on behalf of a client from another country where the copyright laws are not as strict. If copyrighted material was used and it was copyrighted in another country, there could still be potential liability for infringement.
3. This letter says I will owe $150,000 if I do not pay the requested amount, is this true?
This is a true statement, but in many cases, very unlikely. First, by statute, damages could be anywhere between $750 and $30,000, although this amount could be as little as $200 if the infringement is found to be innocent. The only time damages can get to $150,000 is if it were proven in court that the infringement was willful. Even where willful, the actual award will depend on several different factors, including the value of the work taken.
If you have additional questions, please call us at 503-877-0881, email us at info@intellequityip.com or book a consultation today!
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- ADD Loud
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"Jim does a thorough job on the many projects we've sent his way. He has a wide range of knowledge on many areas and he takes the time to explain options! We'll continue to use him for our small media group because we get a more personal experience than the big law firms at better rates; with no sacrifice of quality of work."
- Stay Rooted Media Group