Copyright Infringement Letter – What to do now?
Although it goes by a number of different names, such as a cease and desist letter, notice letter, and threat letter, any letter stating ownership of a copyright and your infringement of that copyright must be taken seriously. A copyright infringement threat letter is a letter or email from an alleged copyright owner threatening legal action against you if you do not stop using a work in which they claim copyright ownership. The letter usually begins by stating who the sender is and the owner and/or author of the copyrighted work. You then provide a reference to the actual work itself, which may include a corresponding registration number with the United States Copyright Office, and identify the use that you claim is copyright infringing.
Most of the time, there is general language regarding the potential damages available and set claims. While each letter is unique to some degree, the lawsuits generally are not. A copyright infringement letter will generally request that the alleged use cease and desist by a certain date, may request direct contact with the sender by a certain date, may require some type of monetary payment in the form of a retroactive license or otherwise way, and you can Request a signed agreement stating your willingness to comply with the demands. Ultimately, the letter will note that your failure to comply with the demands could lead to future action, which may include copyright infringement litigation.
It is important to understand why you would receive a copyright infringement threat letter. Generally, the owner of a copyrighted work will employ some form of monitoring to identify when there are unauthorized uses by third parties of their copyrighted work. When such uses are identified, the most common initial step is to send a letter, rather than proceeding directly to litigation (it is worth noting that a letter is not required by law, and it is up to the copyright owner to determine how to seek redress for any alleged harm). There are many reasons copyright owners send such letters, including to protect their existing copyright, to prevent continued unauthorized use, and to ensure the sustainability of their copyright value. In fact, some copyright owners may even view copyright enforcement as an additional source of income. This is especially true given that in today’s digital age, access to various works is easier than in the past. As such, users may be using copyrighted material without even knowing it. That said, there is no intent requirement under copyright infringement law, and the user has an affirmative duty to confirm that such use of a work is lawful.
If you receive a copyright infringement letter, you have several options. The first is to comply and cease and desist from all use of the infringing work. While this may be enough to resolve the matter, as noted above, there may be additional requirements for a retroactive license or other lawsuits. The second option is to identify potential defenses under copyright law, which may include fair use defenses. Still, it is important that you confirm that the copyright owner does have a valid copyright, how many copyright registrations they are relying on, and their ultimate financial and legal exposure in the particular instance before acting. Please do not panic or jump to conclusions before investigating the important issues inherent in any copyright infringement matter.