How do you respond to copyright infringement?

Asked by: Alexandro Willms  |  Last update: January 30, 2026
Score: 4.9/5 (63 votes)

To respond to copyright infringement, do not ignore the notice; carefully review the claim, gather evidence (like licenses or proof of fair use), and then reply by either removing the content, disputing the claim with a counter-notice and defenses (like fair use or public domain), or negotiating a settlement, potentially with legal counsel for complex cases, as penalties for infringement can be severe.

How do I reply to a copyright infringement notice?

When responding to a copyright infringement claim, promptly review the claim details and verify its validity. Prepare a clear, factual response addressing the specific allegations. If you believe the claim is mistaken, gather evidence supporting your position.

What are the three exceptions to copyright?

You generally need to obtain a license (i.e., explicit written permission) to use a third party's copyrighted material. There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception.

What is the best defense for copyright infringement?

"Fair Use" is the most widely known and popular affirmative defense against copyright infringement claims. Found in § 107 of the Copyright Act, the fair use defense essentially states that otherwise infringing conduct may be lawful if it is done for certain acceptable purposes.

What do I do if I receive a copyright infringement notice?

When receiving a copyright infringement notice, it's important to review the claim carefully. Deleting the infringing content does not eliminate liability. Contacting the copyright owner to discuss licensing or settlement may be an option, but you are not legally required to do so immediately.

How To Respond To A Copyright Infringement Notice? - CountyOffice.org

19 related questions found

Should I be worried about a copyright infringement notice?

No. The notice you received from your Internet Service Provider about a copyright infringement complaint from us does not mean you are being sued. It is a warning that we have detected unlawful downloading or distribution from your computer and it is meant to put you on notice that this activity should stop.

Can I ignore a copyright claim?

The simple reality is that ignoring the notice may lead to escalated legal action from the sender. Even if you are confident that the infringement notice is not substantiated, it is imperative that you take a proactive approach. Address a copyright infringement allegation head-on.

What is the 3 month rule for copyright?

The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP. 

What is the most common copyright infringement?

Put simply, if someone copies, distributes, performs, or displays your work without prior authorization, they're committing direct infringement. It's the most common type of copyright violation and can happen anytime, anywhere.

What are the two elements to prove copyright infringement?

Rural Telephone Service Co., 499 U.S. 340, 361 (1991) (“To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.”); see also Seven Arts Filmed Ent. Ltd. v.

What are the three things not protected by copyright?

Ideas, facts, and concepts are not protected by copyright law. Although they are not protectable by copyright, the expression of those ideas, facts, and concepts are protectable, such as in a description, explanation, or illustration or as a database of facts.

What are five laws of copyright?

The five fundamental rights that the bill gives to copyright owners-the exclusive rights of reproduction, adaptation, publication, performance, and display-are stated generally in section 106.

What are the two main types of copyright infringement?

There are two types of copyright infringement – primary copyright infringement and secondary copyright infringement. Primary copyright infringement occurs when someone carries out certain acts regarding the work without the permission of the author.

What to say to avoid copyright infringement?

For instance, you can offer to cite the source, explain where you are going to use their content, and so on.

  • Design custom content. To avoid copyright infringement, make sure to design custom content instead of borrowing someone else's work. ...
  • Get written copyright agreements. ...
  • Use public domain materials. ...
  • Understand fair use.

How to win a copyright infringement case?

Note a copyright claimant must prove the following three elements, to win an infringement claim:

  1. A valid copyright exists (Registration provides a presumption of validity)
  2. The defendant copied the work without authorization.
  3. The infringing work is substantially similar to the protected work.

How serious is copyright infringement?

Criminal Penalties For Copyright Infringement

Willful copyright infringement can also result in criminal penalties such as up to five years in prison and fines of up to $250,000 per offense.

What is the most famous copyright exception?

The fair use exception permits a party to use a work without the copyright owner's permission and without compensating the copyright owner for such use in certain circumstances.

What is the best disclaimer for copyright?

A copyright notice should at least include:

  • the copyright symbol (©);
  • your name as author and your website's name. It can also be the name of an organization, a business, or a corporate name;
  • a current year or year range;
  • a statement of ownership (“All Rights Reserved”).

What are 5 facts about copyright?

Below are 10 facts about copyright you should know.

  • Copyright protects the expression of ideas, not ideas. ...
  • Copyright protects works. ...
  • Copyright protects original works. ...
  • Copyright has exceptions. ...
  • Copyright protects economic and moral rights. ...
  • Copyright exists automatically.

What copyrights expire in 2025?

In 2025, works published in the U.S. in 1929 and sound recordings from 1924 entered the public domain, including books like William Faulkner's The Sound and the Fury, Virginia Woolf's A Room of One's Own, and Ernest Hemingway's A Farewell to Arms, along with early films like the first Marx Brothers movie and the characters Popeye and Tintin, opening them for free use, adaptation, and distribution.
 

What is the minimum punishment for infringement of copyright?

The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

What is the new rule of copyright?

The Copyright (Amendment) Rules, 2025 mark an important shift in the way copyright licensing and royalty payments will function in India. The central idea behind the amendment is straightforward: payments made for using copyrighted works must move into a fully digital, traceable system.

How to respond to a copyright infringement notice?

Beyond considering whether you disagree with the claimant's version of the facts, you should think about whether you have any defenses to the claim against you. Once you've thought this through and gathered the information you need, you can submit your response through the eCCB.

How to not get in trouble for copyright?

Since all original content is protected under copyright law unless otherwise indicated, a good best practice is not to reuse ANYTHING unless you get the owner's consent, or unless you are absolutely sure that they have granted permission for others to reuse the work, or the intellectual property clearly falls under ...

Can I be sued for copyright?

Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.