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Taking action after a copyright violation

On Behalf of | May 19, 2024 | Uncategorized

Copyright protections benefit both businesses and creative types. Organizations can acquire creative original works and then publish them, securing copyright protections and ensuring full control over those works. It is also possible to formally register a creation for copyright protection with the United States Copyright Office. Both those who create original works of art, writing or music and companies that acquire the rights to those works should be able to protect what they have invested in a copyrighted creation.

Many organizations rely on copyrighted materials for both branding and the creation of products. Unfortunately, other parties, including competing businesses or social media influencers, might use copyrighted materials without permission or paying a licensing fee. Enforcing a copyright is crucial to the protection of investments in intellectual property and the branding for an organization.

What does copyright enforcement entail?

There are typically three primary stages to any copyright enforcement endeavor. The first is to validate and document the copyright violation. Obtaining screenshots or downloading copies of videos and audio files can help prove that a copyright violation occurred even if the offending party tries to delete or destroy the infringing products or content later.

After affirming that the situation does not fall under fair use or other rules limiting copyright protection, a copyright holder can then communicate with the infringing party. Issuing a request to and desist is an important element of copyright enforcement. Tracking down the infringing party and sending them legal notice of how they have violated copyright protections is an important step for a copy protecting its intellectual property.

In some cases, the infringement was unintentional, and the other party may cease their actions immediately. Other times, they may not even acknowledge the notice they received. Even if someone removes content or discontinues products that violated copyright protections, there could still be reason to take legal action due to the financial impact of the copyright violation.

The final step in the enforcement process, if necessary, is litigation. Judges can issue injunctions forcing the cessation of certain behavior. They can also award the copyright holder damages if a violation has caused verifiable financial harm.

Initiating intellectual property litigation may be the only viable way of addressing a significant copyright violation. Copyright holders who recognize and react to violations can potentially mitigate the losses caused by the misconduct of other parties.