How to Provide Proof of Online Copyright Infringement

If you request an online service provider to take down material that infringes on your copyright, most will ask you to provide proof of your claim. Because many copyright creators no longer register their copyright, it can seem like a difficult task. However, there are very specific ways that you will be expected to prove your copyright, and therefore the infringement against it.

Difficulty: Moderately Easy

Instructions

1. Register your copyright at the US Copyright Office before an infringement situation occurs, if possible (see Resources below). Even if you are already in the midst of a legal suit to protect your material, it is still worthwhile to register the copyright.

2. Consult with a lawyer who specializes in copyright law. Especially if the matter goes to court, you may need legal help to provide proof of your copyright.

3. Obtain a certificate of registration from the US Copyright Office to demonstrate your copyright. This is the ideal proof of your copyright.

4. Provide copies of the work in question and the date of production for an informal proof of copyright. While such documentation is not acceptable in a court of law, some Internet service providers will consider it adequate proof for an online take-down notice.

5. Offer published copies of your work. A published copy would include an independently published magazine, book or other medium. Publishers usually register copyrights of whole works, which your material may be included in, and this can act as proof.

Tips & Warnings

• If you find it necessary to take a matter of copyright infringement to court, it is necessary to register your copyright first, or be able to present a denial of registration in court.
• In addition to your proof of original copyright, you may be asked to provide documentation of any licenses you have granted. Since licenses are typically granted by contract or other written statement, you only need to provide a copy of that written statement.
• An original work is considered to be copyrighted whether or not you have registered the copyright.
• Mailing copies of a new piece of work to yourself and leaving the envelopes unopened does not constitute absolute proof that you created the work in question before the post date. This technique is unreliable at best. Dated printouts of online material are equally problematic.
• An idea cannot be copyrighted, only the execution of the idea.
• Many companies claim to issue proof of copyright upon submission of a work or payment of a fee. However, the only copyright registration admissible in a court of law is that issued by the US Copyright Office.

Who Can Help:

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Resources

• The US Copyright Office's website for registration