Don’t Panic! How to Respond to a Copyright Infringement Notice

The U.S. Copyright Act of 1976 prevents individuals or entities from using copyrighted material and violating copyright laws. Still, copyright infringement can be committed, whether intended or not.

So, what do you do if your business receives a copyright infringement notice? Here’s how to respond to this warning and avoid getting another one.

What Is Copyright Infringement?

Copyright infringement is the unauthorized use, reproduction, distribution, or adaptation of someone else’s creative work, such as writings, music, art, or software, without the copyright holder’s permission. This may include copying text from a book, sharing a song online without permission, using someone else’s photograph in a presentation without proper attribution, or creating derivative works based on copyrighted material without authorization.

Infringement happens when someone uses copyrighted material in a way that violates the exclusive rights granted to the copyright holder under the law, such as the right to reproduce the work, distribute copies, perform the work publicly, or create derivative works. 

In simpler terms, it means using someone else’s creative work without their permission.

Do Copyright Owners Have Moral Rights?

Absolutely. These rights primarily revolve around the integrity of the work and the protection of the creator’s reputation. The main moral rights recognized internationally are:

• Right of Attribution: This ensures that the creator is recognized as the work’s author, including the right to have their name associated with the work. It acknowledges the importance of giving credit where it is due and upholding the creator’s identity.
• Right of Integrity: This protects the work from derogatory treatment or alterations that could harm the creator’s reputation. It allows the creator to object to any modifications or distortions of their work that could damage its integrity or cultural significance.
• Right of Disclosure: This grants creators the authority to decide when and how their work is presented to the public. It emphasizes the creator’s autonomy in determining the timing and manner of releasing their work.
• Right of Withdrawal: This empowers creators to retract their work from circulation or distribution under specific circumstances. It recognizes the evolving nature of creative expression and the creator’s evolving relationship with their work.

What Do I Do If I Get a Copyright Infringement Notice?

For starters, DON’T ignore the notice. 

Pretending the concern doesn’t exist in the hopes that it will disappear is unethical and could complicate the situation further. The copyright holder often asks you to “cease and desist” or stop using their work. It may involve removing the copyrighted material from the platform it’s on or paying the copyright holder a minimal fee for legal use. 

But before you respond to the warning, read it carefully. More often than not, a potentially false claim may actually be behind the notice. 

Make your case to the copyright owner if any of the following situations apply:

• Your business has a license or receipt connected to the copyrighted work.
• Fair use covers the material in question.
• The work is in the public domain.

Otherwise, it would be best if you stopped using the material.

Additional Steps to Take

• Locate the Material and Its Source: If you receive a justifiable notice, find the material and where it came from. This step is easy if the work is in an accessible location, such as your website.
• Determine If You’ve Infringed Its Copyright & How: Copyright holders can claim infringement for various reasons, which are enumerated below.
• Gather All the Proof: Wait to respond when you have all your facts and pertinent information in order. Like any legal dispute, the copyright owner (or any authority) can and will use your statement against you. 
• Read Up & Seek Assistance: Ensure you fully understand the notice, and contact your lawyers if the copyright holder needs you to fulfill other conditions.

Why Do Entities Receive a Copyright Infringement Notice?

An individual or business can violate copyright laws in the following ways.

• Using another’s copyrighted images on a website or another medium
• Using copyrighted audio
• Modifying images and using these assets on their websites
• Producing products with copyrighted pictures or words
• Posting videos with copyrighted music, video, or photos
• Sharing full movies or TV programs
• Sharing music
• Declaring “no copyright infringement intended” when using copyrighted works

These actions can lead to you receiving an infringement notice.

How Can I Avoid Copyright Infringement?

If you’re concerned about avoiding copyright infringement, here are several steps you can take.

Understand What Copyright Laws Protect

People associate copyright laws with trademarks, patents, and licenses. All three fall under intellectual property (IP), but one can easily acquire and breach copyrights. To fully understand this distinction, consider learning about the U.S. Copyright Act of 1976 and the Berne Convention regulations.

Avoid Using Copyrighted Material

If you want to use a copyrighted work, you must first ask the creator or copyright holder for their permission. Contact the individual to discuss whether you can use the material and, if possible, reach an agreement. With the latter, we suggest putting any arrangements, such as subsequent fees and how the material will be used, down in writing.

Review & Duplicate Licensing Agreements

License agreements cover works from stock agencies, like the photos on Getty Images or Shutterstock. These documents discuss the terms and restrictions applicable to the material. Hence, reviewing and storing copies of license agreements is crucial in preventing copyright infringement.

Formulate an Intellectual Property Policy

An IP policy contains guidelines that employees must follow when using company or third-party IPs. It may include the following sections:

• Purpose – Whenever employees read your IP policy, they should understand why intellectual property is important to your business. This section of your policy covers areas such as distinguishing company IP.
• Strategic Alignment – To create this portion of your IP policy, you’ll need help from everyone within your company, including those working with intellectual property.
• Scope – Some areas your IP policy can focus on include:
  • Technology development and patent rights
  • Branding and trademark rights
  • Patents, trademarks, copyrights, trade secrets, and other confidential or protected assets
  • Policies or regulations related to your IP policy
  • The specific location(s) where your policy applies
• Administration – This section should mention the people formulating, managing, revising, and enforcing your IP policy and, if possible, handling IP-related tasks.
• Terms & Definitions – An appendix or glossary of commonly used terms can be a helpful addition to your IP policy. Your employees can use this section to understand and identify IP-related actions.

Seek Legal Advice

Copyright laws are complicated to navigate. But without extensive knowledge of intellectual property, issues may emerge. Consider consulting a lawyer to know how to avoid copyright infringement and ensure compliance with intellectual property regulations.

Frequently Asked Questions (FAQs)

What are my options for responding to a copyright infringement notice?

There are several ways to deal with a copyright infringement notice, including:

• Cease & Desist: Immediately stop using the copyrighted material in question to prevent further infringement.
• Negotiate: Reach out to the sender to discuss a resolution, such as obtaining permission to use the material or agreeing on a licensing fee.
• File a Counter-Notice: If you believe the infringement claim is unjustified, you may file a counter-notice, challenging the claim and asserting your rights to use the material.

How long do I have to respond to a copyright infringement notice?

he timeframe for responding to a copyright infringement notice can vary depending on the sender’s policies and the jurisdiction’s laws. However, it is generally advisable to respond promptly to address the issue before it escalates further.

What should I do if the copyright infringement notice was sent in error?

If you believe the copyright infringement notice is erroneous, gather all evidence you can get to support your claim. Provide documentation demonstrating your rights to use the material or explaining any misunderstandings that have led to the notice.

Is it possible to resolve a copyright infringement claim without litigation?

Negotiation is often an option for resolving copyright infringement claims amicably. To avoid further legal action, you can propose a settlement to the copyright holder, such as paying a licensing fee or providing attribution for using their material.

Can I be held liable for copyright infringement if I unknowingly used copyrighted material obtained from a third-party source?

Yes, you can still be held liable for copyright infringement even if you unknowingly used copyrighted material from a third-party source. It’s your responsibility to ensure you have the necessary rights or permissions to use the material, regardless of its source.

How can I verify the authenticity of a copyright infringement notice to ensure it’s not a scam or phishing attempt?

To verify the authenticity of the notice, review the sender’s contact information, including their official website and contact details. Consider reaching out to the copyright holder directly through their official channels to confirm the legitimacy of the notice before taking any action.

Act on a Copyright Infringement Notice with Legal Expertise

Copyright laws help people and entities protect their hard work — writings, artwork, music, and more. An infringement notice emphasizes this protection and ignoring it could lead to a legal dispute. Thus, it’s best to address a warning like this with professionals at your side.

Does your business need help handling legal matters? The NCH team is ready to work with you. Schedule an appointment with our business law experts today, or gain more insights from our blog.

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