Receiving a notification claiming that you have infringed someone’s copyright can be nerve-racking.
It’s likely that this notification includes:
- An obligation on you to take down, or remove from sale, alleged infringing content/ products.
- A deadline for you to respond and/or;
- A request for financial compensation.
Here are some do’s and don’ts for responding to a copyright infringement notice:
- The first thing you’ll want to do is carefully read through the notice to understand what the claims are. For there to be a genuine claim of copyright infringement, there must be copying or substantial copying e.g copying of an “idea” or “concept” is not enough.
- Once you’ve understood what the claims are, you should conduct an internal investigation. Where did the content/ products/ designs come from?
- Once you’ve looked into the matter we would then recommend that you contact a copyright lawyer who can explain the merits of a claim and advise on, or assist you with drafting a response.
- Don’t frantically respond to the notice straight away. Anything you may say in response could be used against you in the event that court proceedings commenced.
- Don’t ignore the notice and think it’s going to disappear. If there is a strong case for copyright infringement against you, and you continue to use the infringing items, you could then be accused of additional claims which in turn could result in additional penalties.
For any queries on copyright infringement notices please get in touch on firstname.lastname@example.org.
Written by Shamina Knights – Solicitor