What to Do if You Are Sued for Copyright Infringement
With use of artificial intelligence (AI) in high gear and companies becoming more aggressive about protecting their content, it is possible that you could be accused of copyright infringement as you try to grow your business.
When you receive a copyright infringement notice, which is also often labeled a Digital Millennium Copyright Act (DMCA) notice, you should take it seriously. Keep in mind that these notices are growing in frequency.
You do not necessarily need to panic, but you should act deliberately. Here are the steps you need to take to protect yourself.
Read the Notice Carefully
Examine the document you received to identify exactly what material is being claimed as infringing. The notice should specify the work in question and provide some proof that the sender either owns the rights or acts on behalf of the rights holder. If the notice does not show ownership or representation, it may not be valid and you may not need to take further action. However, if you are unsure, do not hesitate to consult a lawyer.
Determine Whether Infringement Exists
Locate the alleged content. If it is on your website or in your control, you should determine where it originated. If the content lives elsewhere (for example, a user on your platform posted it), you’ll want to notify that party and ask where the content came from.
Common examples of copyright infringement include:
- Using copyrighted images without permission.
- Embedding or hosting music or video clips you didn’t license.
- Modifying someone else’s work and posting it online.
- Using copyrighted text in a blog, article, or website without authorization.
- Distributing full-length movies, television shows, or music digitally without proper rights.
Note that adding a disclaimer like “No Copyright Infringement Intended” does not shield you from liability. If you do not have permission, and your use doesn’t clearly qualify as “fair use,” removing the content is your safest move.
Don’t Ignore the Notice
Even if you believe you are in the right, you should reply. A simple response might acknowledge the notice and state that you have removed the disputed content or provide proof of a valid license (for example, a receipt from a stock photo site like Shutterstock). Failure to respond can expose you to serious legal risks. Civil penalties can run from $750 to $30,000 per work infringed, and if the infringement is found to be willful, damages can spike to $150,000 per work.
On the criminal side, penalties for copyright infringement may reach up to $250,000 and up to five years in prison, depending on the circumstances. Because of these consequences, seeking guidance from an attorney is strongly advised.
Learn More About Copyright Infringement
Getting a notice that you have committed copyright infringement can be scary. However, this is not a minor infraction, so you should not ignore it.
Face your legal fears with help from Orlando trademark & copyright lawyer B.F. Godfrey from Godfrey Legal. We have the experience and knowledge to help with these cases and help ensure a favorable outcome. Schedule a consultation with our office today by calling (407) 890-0023 or filling out the online form.
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