how to complain about copyright infringement [Expert-Advice]

Last updated : Sept 25, 2022

How do you deal with a copyright violation?

1. What is copyright infringement?
2. Don't ignore the Copyright Infringement Notice.
3. Don't immediately call the copyright holder and/or the copyright holder's lawyer.
4. Investigate the claims made against you or your company.
5. Write and send a response to the cease and desist letter.

What happens if you get a notice of copyright infringement?

If you fail to respond to a notice, you may be sued. Copyright infringement penalties can be civil and criminal and include: Statutory damages between $750 and $30,000 per piece of work infringed upon. Civil penalties of up to $150,000 per piece if willful infringement is found.

Who is responsible for copyright infringement?

One who knowingly induces, causes or materially contributes to copyright infringement, by another but who has not committed or participated in the infringing acts him or herself, may be held liable as a contributory infringer if he or she had knowledge, or reason to know, of the infringement.

What are 3 examples of violating copyright laws?

• Downloading music or films without paying for their use.
• Copying any literary or artistic work without a license or written agreement.
• Recording a film in a movie theater.
• Posting a video on your company's website which features copyrighted words or songs.

What is the most common copyright infringement?

• Software Piracy. Software piracy can occur in two ways.
• File Sharing.
• llegal Uploading.
• Burning CDs and DVDs.

Should I be worried about a copyright infringement notice 2022?

If users receive such a notice, immediate legal advice should be sought since there are no second chances. Under no circumstances should recipients ignore this type of 'warning' as doing so could potentially lead to an expensive default judgment.

Can you go to jail for copyright infringement?

If the infringement is very serious, criminal charges may be laid according to the Copyright Act. A summary conviction under the Act could bring a maximum fine of $25,000 and/or up to six months in jail; while a conviction by indictment could lead to a maximum fine of $1 million and/or up to five years in jail.

How long does copyright infringement last?

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

Is copyright infringement a crime?

Copyright violations can be a federal crime, however. These intellectual property thefts are often a type of internet crime in modern times. Some people do not learn that copyright violations can be a criminal offense until they are being arrested for it.

What is not protected by copyright?

Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

How much copying is copyright infringement?

There is no 30% rule, and any time you copy someone else's writings, drawings, website, or other creative work, you run the risk of copyright infringement. Many people think of copyright infringement as piracy or the creation of unauthorized reproductions of a copyrighted work, like a song, photograph, or writing.

What happens if you use copyrighted material without permission?

If you used someone else's copyrighted material and commercially profited from that use, you may have to pay him monetary damages, and court may prohibit you from further using his material without his consent. A federal judge may also impound your material and order you to immediately destroy it.

How can I use someone else's copyrighted work legally?

Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.

What constitutes a breach of copyright?

Other activities that can breach the Copyright Act include: removing or altering rights management information in digital files. failing to attribute (or falsely attributing) the creator of a work. changing or doing something else with a work that damages the creator's reputation or is offensive to the creator.

What are the consequences of copyright infringement and how are they enforced?

Final orders can involve a number of consequences, including: Damages – a financial payment to the copyright holder to compensate them for the unauthorised use of their works. Account of profits – payment of any profits the infringing party made using the copyrighted material to the rights holder.

How many copyright claims can you get before a strike?

How many copyright strikes can you get? Three copyright strikes can make an account and any associated channels subject to termination. Also, all videos uploaded to that account will be deleted, and the user won't be able to create any new channels.

What is the longest held copyright today?

The oldest work protected by copyright would have to be an early unpublished work that was first published after 1922. The work whose copyright will last the longest would have to have been published before 1978, which would then give the work a theoretical 95 year term from first publication.

What are the punishments of copyright?

Any individual or business that infringes copyright can face legal action. Infringement is usually treated as civil offence but can, in certain circumstances, be deemed a criminal offence, with damages awarded by a court. Depending on the severity of the infringement, the result can be a fine or even imprisonment.

What are 4 things that Cannot be copyrighted?

• Information that is commonly known.
• Lists of ingredients, such as formulas and recipes.
• An idea for a novel, book, or movie.
• Business, organization, or group names.
• Domain names.
• An individual's pseudonym, like a pen or stage name.
• Slogans, catch phrases, and mottoes.

Who is owner of copyright?

Generally, the creator or the author of the work is the owner of the work and therefore entitled to get the copyright for the work. Where the author of the work is employed by another person, the work belongs to the employer of the author.

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Write a comment

hey Darryl here now let me tell you as a content creator nothing is more frustrating when you produce a great video and then someone swipes it and uploads it to their YouTube channel without your permission this is frustrating now one of my loyal subscribers hostile AE sent me a note this week saying hey Darryl people are copying my YouTube channel in my videos how do I stop them please help me I'm so stressed out because people are copying my channel and taking my videos and pretending to be me now listen hostel AE I really feel your pain this happens to me all the time in fact last year I had up to 42 people pretend to be me on G+ and also YouTube what now look at me who in the right mind want to pretend to be me I don't understand now if you believe that your material is posted on YouTube without your authorization this videos for you and I'm going to show you how to take control of the issue and how to report a copyright complaint with YouTube now I'll also show you the fastest and easiest way to notify YouTube of copyright infringement let's take a look Derral Eve's all right so one of the frustrating things as a content creator is when somebody actually takes your work and puts it on their channel and tries to monetize on that so I found this video right here made by a specific individual he basically took all my content stripped out me in the beginning of the end and made it his video and monetize that and you can see here that he has two thousand views which that could have been two thousand views for me as well okay so what we're going to do is report him so you see the flag here let's go ahead and do this and you can say that you can do all the different reporting but you want to make sure that this is actually legit because if it's not YouTube could actually shut you down and blacklist you from actually creating a YouTube account so you know you could talk about the issue that is sexual content violence hateful harmful child abuse spam or misleading or infringe is my rights which in this case it actually infringes my rights because he actually took my content and put it on his channel trying to make money off of that so I'm going to go ahead and say and infringes my copyright then you go ahead and hit submit and what you need to do next is you need to make sure and I'm telling you you need to make sure that you do not make false claims because you can be suspended on your own account or have other legal ramifications but if this is legit so you go ahead and hit submit a copyright complaint and then basically you go through this form and they ask you all about it say hey is it inappropriate that you appear in this video without permission or its privacy trademarks whatever it may be and in my case it's actually copyright infringement infringement and it's who's affected that would be me and then basically it will pull in this information right here they want to know the videos to be removed and this is the one that's the video that's infringing so let me go ahead and go to that video pull in the URL let's go ahead and do that and then you can say you know my YouTube video was uploaded by another user or it's my name my original song my software my artwork my live performance my video whatever it may be okay in this case it was my video and what you want to do is paste it in here of your original video and it says you know where does this content up here so if it's only like a quick segment you can actually put a timestamp of when it is so they can actually click on it and see for me it's the entire video and basically what what's going on is we got to go through the complaint here we actually have to tell them who we are now here's the thing guys I'm serious you do not want to monkey around with this this is only for legitimate concerns because you're getting YouTube involved and if you do anything like this that is fake or trying to be harmful to someone else and just tie them up on a specific video they will come after you and they will block you trust me they track everything okay so we're going to go ahead and put the information about myself here okay once that's done what you need to do is basically click the following boxes that you've done this in good faith and this notification is accurate and here's some legal things so under penalty of perjury I mean this is something that you need to do as well and it's also talked about you know that you acknowledge section 512 F and then I also understand that using this tool will lead to the termination of my YouTube account and then you need to type it in your signature and then go ahead and submit complaint now your complaint has been submitted and you will see an email and they'll actually be notified as well that that they are using your copyrighted material now special note I know that several people made false claims saying that they own the copyrighted material just to get rid of a competitor or their ranking on YouTube and guess what it backfired on they actually got suspended on YouTube YouTube takes this very seriously you do not want to monkey around with this because you can really be banned for life now if I can only get YouTube to do something for my copycat for like copycat problem hey hey what do you doing stop that back oh my god oh my gosh okay okay well let's you say that la caA�ada Alton epic arukou Pasadena I thought so now that I've taken care of my copycat problem why don't you subscribe to the real derral eves and watch all my videos gotcha

Thanks for your comment Johnnie Dowty, have a nice day.
- Arlette Bethel, Staff Member

hey everybody rubber right here privately palo attorney and today i'm going to answer the question what do you do if you get a copyright infringement complaint well if this happens oftentimes on amazon so if you think about policing rights on amazon there's really three different ways that you can do it one is through a trademark violation that comes in different forms and fascists you know they're using my trademark without permission they're selling counterfeit goods those all kind of are lumped in to a trademark category right there's patent hey you're infringing my patent you shouldn't be doing that there's also copyright okay copyright seems to be the most mysterious aspect of private label intellectual property i don't really know why but it seems to be it's also one of the most underutilized tools at private label sellers have available tool but when it issues who it is really effective right so in the united states there's something called the Digital Millennium Copyright Act it was it was a law as passed in the 90s and basically Internet service providers were getting in a lot of trouble for you know posted hosting infringing content right and they weren't it wasn't really their fault right they're not in a position to monitor all the content they don't want to have to deal with all that stuff they're just there to provide the Internet right there there's just there to provide domains and to provide servers and hosting and web sites and all that stuff right and so Congress said you know what we understand that copyright infringement is pervasive on the internet and we don't think it's fair for you platform and Internet service providers and the like to be responsible for infringing content so let's build a mechanism where people can report infringement and if you take action on it you're gonna be absolved of what's called vicarious liability or contributory infringement okay so basically out of all of that creates a mechanism by which if you think that someone on Amazon is infringing your copyright you have a good faith the faith belief you can report that to Amazon and if Amazon takes prompt action on that complaint they're gonna be absolved from liability so we know that Amazon was to be absolved from liability and this is this isn't just Amazon specific it's any sort of platform Etsy eBay Walmart jet whatever if you do this that platform is going to take action and it's gonna remove the infringing content and sometimes it's just a photo on a listing sometimes it's an entire listing so you know having a registered copyright and being able to you know kind of put in a complaint like this is a really really big club in your private label pack right so if you want to protect your brand highly recommend copyright registrations but what happens on the back end of this so we're talking about like well here's here's a club that you can use what if someone's hit you with that Club well number one try to figure out what the issue is right are they talking about product photos or they talk about the product itself and they talk about retail packet like what's what seems to be the work of authorship that's at issue and then evaluating if you want to make a response just because someone's complained against you doesn't mean that they're right oftentimes large brands will hire companies and the kind of these companies will go out just broad sweeps of anything any material that they think is infringing alright there's a lot of reasons why you know a material might not be infringing it could be there aren't fair use exceptions there's a lot of you know just don't never accept a complaint on its face if you believe if you have a good faith belief there you've been wrongly accused you can file what's called a DMCA counter notice you can basically say hey I think I have the rights to use this material here's why you know a here's my good faith believe it I'm in the right and in fact I'm so confident that if the if the complaining party doesn't sue me you know hey Amazon you can put my content back up right I see you basically I equate it to almost like you know calling someone's Bluff to say hey you think you know I'm doing something wrong here we'll take me to court cuz that's that's where this should really be handled let's get down as Amazon centric sort of thing and you know you know put up or shut up okay so what should you do if you get a copyright infringement complaint watch to get you number one evaluate yeah what are we talking about and am i infringing someone's copyright and you may need a professional opinion for right that's not something to do I mean if you're gonna say hey sue me you wouldn't be pretty confident that you're not you're not gonna put yourself in a worse spot than you already are right and then number two if you feel like you're in a good spot you feel like you're not doing anything wrong you're willing to kind of risk you know hey put up or shut up well then file a counter notice and again Amazon whatever platform you're dealing with will take action on that after the ten day period or whatever you put in there in terms of giving the material back up right so just because you've received a complaint of copyright infringement doesn't mean that you are get a professional opinion of valuator options you're not dead in the water and the DMCA provides a really nice mechanism for where you are wrongly accused of getting your material back up and right

Thanks Mabelle your participation is very much appreciated
- Arlette Bethel

About the author

Arlette Bethel

I've studied geology at College of Our Lady of the Elms in Chicopee and I am an expert in volcanology. I usually feel chipper. My previous job was public transportation inspector I held this position for 18 years, I love talking about geocaching and noodling. Huge fan of Aretha Franklin I practice artistic swimming and collect books.