Discovering that someone has stolen your copyrighted work can be frustrating and overwhelming. Whether it’s an image, song, video, or design, unauthorized use of your intellectual property can harm your creative vision and financial interests. Here’s how to respond when you discover that someone has infringed on your copyright.
Statute of Limitations
Copyright law imposes a time limit on taking legal action. You generally have three years from the date you discover the infringement to file a lawsuit. Acting quickly ensures your rights are preserved and strengthens your case.
Step 1: Confirm the Infringement
Before taking action, it’s crucial to determine whether your work is protected under copyright law and if an infringement has occurred. To qualify as infringement, the following must be true:
- The work is original and fixed in a tangible form (e.g., written, recorded, or drawn).
- You own the copyright or have legal rights to the work.
- The other party used your work without your permission.
Step 2: Document the Evidence
Gathering evidence is critical for any copyright infringement case. Document all instances of unauthorized use, including:
- Screenshots of the infringing content
- URLs where the content appears
- Dates and times the content was discovered
- Any correspondence with the infringer (if applicable)
Step 3: Contact an Attorney
Consulting a copyright attorney ensures you take the right steps to protect your rights. An experienced lawyer can:
- Evaluate the strength of your case
- Advise you on the best course of action
- File your federal copyright registration (required to file a lawsuit)
- Represent you in negotiations or litigation
At Landry Legal, we specialize in copyright law and can guide you through this process.
Step 4: Send a Cease-and-Desist Letter
A cease-and-desist letter is often the first step in addressing infringement. This formal notice informs the infringer of their violation and demands they stop using your work. In many cases, this step resolves the issue without further legal action.
Step 5: File a DMCA Takedown Notice (If Applicable)
If the infringement is online, you can submit a Digital Millennium Copyright Act (DMCA) takedown notice to the hosting platform or search engine. This process helps remove infringing content from the internet quickly. Your attorney can assist with drafting and submitting a properly formatted notice.
Step 6: Pursue Legal Action
If the infringer ignores your requests or if significant damages are involved, filing a lawsuit may be necessary. Through legal action, you can:
- Seek an injunction to stop further infringement
- Recover financial damages
- Ensure accountability for the unauthorized use of your work
How Landry Legal Can Help
At Landry Legal, we understand how important your creative work is to you. We provide personalized legal strategies to protect your intellectual property and ensure your rights are enforced. Whether it’s resolving the matter through a cease-and-desist letter or representing you in court, we’re here to help.
Don’t Delay—Protect Your Work Today
If you’ve discovered unauthorized use of your copyrighted work, taking swift action is essential. Contact Landry Legal to learn how we can help you defend your creative rights.
Call us now at 888-914-0011 to enforce your rights!
