Copyright Infringement Defense

It is important to know the steps to take when a company receives a copyright infringement notice or notice of an infringement lawsuit. Retaining a copyright attorney can make the difference between moving past the infringement notice quickly and triggering a more serious dispute. Our attorneys advise clients regarding copyright infringement defense and defending against copyright infringement claims.

Copyright Infringement Notices

A copyright infringement notice typically informs the recipient that they are allegedly infringing on the sender’s copyright and that they should cease the infringing activity immediately. This request may also threaten further legal action, such as copyright litigation, if the recipient does not cease the alleged infringing activity. Sometimes these notices are legitimate. Many times, however, the sender is threatening an overly broad interpretation of the copyright, and after some negotiation, they may back down from their original notice. Regardless, the recipient should not simply ignore the copyright infringement notice.

Digital Rights Management/Digital Rights Millennium Copyright Act (DMCA)

A copyright holder may also send a service provider a takedown notice under the Digital Millennium Copyright Act (DMCA). These notices typically describe the infringing video or image and ask that it be taken off of the service provider’s website. The DMCA helps protect intellectual property holders from copyright piracy, but in service to the website’s users, the service provider should have someone in position to review the takedown notices to ensure that they are legitimate. Our copyright lawyers can help advise service providers on how they can develop a DMCA takedown notice response plan, as well as appointing an agent with the U.S. Copyright Office.