Protect Your Copyrighted Work Against Unauthorized Use

Copyright generally exists once an original work is fixed in a tangible form. However, registration of a U.S. work is generally required before bringing an infringement lawsuit in federal court and may provide additional legal benefits.

Useful evidence may include original files, drafts, timestamps, registration records, publishing history, licensing agreements, website archives, screenshots, sales records, and communications. The most relevant evidence depends on the work and alleged misuse.

A DMCA takedown notice informs an online service provider that material available through its service allegedly infringes copyright. An effective notice must contain legally required information and should only concern work owned or validly represented by the sender.

Not necessarily. Fair use, licensing terms, public-domain status, statutory exceptions, or questions about ownership may affect whether a use is infringing. Each situation should be evaluated according to its specific facts.

Yes. Some disputes may support a negotiated license, attribution agreement, payment, content removal, settlement, or limitation on future use. The suitability of an agreement depends on the infringement and the owner’s objectives.

The Copyright Claims Board is a voluntary tribunal within the U.S. Copyright Office for certain disputes involving claims of up to $30,000. It can offer an alternative to federal court, although respondents generally have an opportunity to opt out.

Available remedies may include an order stopping the infringement, actual damages, infringer profits, statutory damages, impoundment, destruction of infringing materials, and—in qualifying cases—attorneys’ fees. Eligibility depends on registration timing and other legal requirements.