Copyright infringement is a serious issue. Especially if you run a business and get served with a legal notice, you should deal with it on high priority. Read more about the same.
A copyright infringement lawsuit worth $1.6 billion put Spotify in the spotlight for all the wrong reasons. The complaint was filed against Spotify by a music publishing company called Wixen. As part of the complaint, Wixen stated that Spotify has been involved in copyright infringement by providing access to 60 million subscribers for unlicensed songs. As a result, the artists and publishers of these songs will not profit from the music sales. For this Copyright Infringement, Wixen is seeking a whopping $1.6 billion from Spotify. But why is Copyright Infringement a serious issue? And What are the remedies for copyright infringement? Let’s start from the basics and Things to Do When You Receive a Copyright Infringement Notice.
Copyright Infringement Meaning
The illegal use of works covered by copyright laws is known as copyright infringement. The exclusive right of the copyright owner to reproduce, distribute, perform, or create derivative works of the original work is violated when they are used without authorisation.
An author may submit a takedown request in case of copyright infringement. The copyright holder has the option of notifying you of a violation directly or by using the tools offered by websites like Twitch and YouTube. This notification on copyright infringement is usually received through email or a letter and is paramount.
Remedies for Copyrights Infringement
Copyright infringement cases are taken seriously by Indian law. They are heavily fined and are also sentenced to imprisonment. Getting in touch with an expert for copyright infringement remedies is crucial. In Vakilsearch, we have the best team of legal experts who can provide the correct remedies for copyright infringement. Here are the 7 things to do when you receive a copyright infringement notice.
1) The Copyright Infringement Notice Should Not Be Disregarded
In general, disobeying a notification or cease and desist letter is not a good idea. While it may be tempting to ignore the letter, remove the image, and hope the issue goes away, doing so will only force the copyright holder to press charges against you.
2) Do Not Call the Copyright Holder and their Attorney Immediately
Why?? Very simply, anything you utter will be used directly against you. If you’ve come across a copyright holder who wants to file a lawsuit against you because they believe you violated their copyright, don’t respond to them directly. Get in touch with your lawyer. Statutory damages will typically result from litigation.
People tend to call the copyright holder or the copyright holder’s attorney in a crisis to give their explanation. Although clients frequently do this with the best intentions, it could potentially result in issues. If you admitted any responsibility for the violation during that call, they might use that information against you as an evidence. Recognise the challenges you face, but remain calm
3) Look for the Cease & Minimal Fees in the Copyright Infringement Notice
The copyright holder will typically ask you to ‘cease’ using the copyright when you receive a notice that you have violated it. The majority of a cease and desist letter’s conditions are typically reasonable.
4) Note the Litigation & Statutory Damages
Here, staying calm is crucial. The odds of someone wanting to bring a copyright infringement case before a jury are slim because it is very expensive, and they will proceed only if they know they will win. In fact they will have all the evidence ready before proceeding. So it is crucial to reply to the notice as soon as possible.
5) Crosscheck the Allegations filed Against Your Business
Before you can choose a clear course of action, many factual questions need to be answered. Irrespective of whether to work with a lawyer or send the letter yourself, you must provide proper information.
6) Respond to the Cease-And-Desist Letter in Writing
The last step is to respond by writing the Cease-and-desist letter directly to the copyright holder. Getting in touch with a lawyer before responding to the claim is highly suggested.
But if you decide to do it yourself, bear in mind the following:
- Keep your letter professional
- Make sure to keep in mind that all the information that you divulge can be used against you
- The copyright holder may use the information you provide to bring legal action against you if you make even the tiniest admission of guilt in conversation or writing
- Therefore, be sure that your letter addresses their request to have the copyrighted material removed while not giving the copyright holder any additional information.
7) Collect Information About the Copyright Holders
A few legal issues may also hinder the ability of copyright holders to enforce their rights. Remember that some of these questions require lawyers’ assistance because they go deeper into the law.
Conclusion – Things to Do When You Receive a Copyright Infringement Notice
Copyright infringement is a serious issue. It should not be taken lightly. If you have any doubts regarding remedies to undertake when you receive a copyright infringement notice or continuous support in facing copyright infringement, get in touch with our experts at Vakilsearch. Our copyrights experts will provide guidelines for facing the lawsuit and tips for copyright protection. Book a consultation right away.
