A copyright is a type of intellectual property right that protects original works of authorship that are fixed in a tangible form. A copyright owner has the exclusive right of reproduction, adaptation, publication, performance, and display of the original works, as well as the right to authorize third parties to exercise these rights. Generally, copyright infringement occurs when copyrighted material is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. A copyright infringement notice may be sent to inform an alleged infringer of their unauthorized use of copyrighted material. 

Do Not Ignore the Copyright Infringement Notice 

Getting served with a copyright infringement notice generally requires quick action. It is not a good idea to ignore a notice of copyright infringement without first determining the validity of the claims. Doing so could result in formal legal action. Removal of the copyrighted material may not, on its own, be enough to resolve the issue.

Verify the Notice is Legitimate 

Not all copying is legally actionable as copyright infringement. Before you can decide on a definite course of action consideration should be given to the validity and scope of the rights asserted in the notice, whether your use may be infringing, and whether the copyright claimant has obtained a copyright registration for their work. 

Seek Guidance from a Copyright Infringement Attorney

Engaging a copyright litigation attorney at the outset has the potential to make a difference in your case. An intellectual property attorney can assist you with assessing the strengths and weaknesses of the claims identified in the notice and understanding the options for next steps.

Respond to the Notice 

How to Respond to a Copyright Infringement Notice?

How you respond to a copyright infringement notice depends on the strengths and weaknesses of the infringement claim. Where the claim is weak, submitting a counter-notice or a professional response rebutting the claim and asserting potential defenses may be warranted. Where the claim is strong, negotiating an amicable resolution may be the most cost-effective option.