How to Enforce Your Copyright if Someone Infringes on Your Work
Enforcing your copyright against an infringer means following laws in the "Copyright Act" and regulations of the Copyright Office at the U.S. Library of Congress. Both sources are online, but if the matter is complex, you should get advice from a copyright attorney.
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Instructions
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Registration
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Register the work with the Copyright Office in order to sue or otherwise pursue a copyright infringer. Your work is protected without registration, but legally enforcing your copyright requires registration.
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Write a letter to the infringer informing him of your intent to enforce your copyright and asking him to cease and desist infringing. You may only need this first step, under some circumstances, but much hinges on the type of work and type of infringement, and whether you can assess whether she has made money from her infringement. Sometimes it is satisfying to work out a deal with the infringer so that she may use your work, while also paying you.
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Pursue your option of suing under the Copyright Act if the infringer does not respond or denies the infringement. Sue for money damages for the infringement and, depending on the circumstances, you may be entitled to punitive damages. Decide to settle your case, if desired, at any time up to a court's final order.
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Stop the infringement by opting to file a criminal complaint. For some types of infringing acts, like a factory manufacturing pirated copies of your music album, the court may issue an injunction to stop the manufacturing, even before you win your case. The infringer would be subject to both civil money damages and criminal penalties.
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Tips & Warnings
You may win damages more easily if the infringement is of your digital work.
This article does not in any way constitute legal advice. Consult your attorney about the specifics of your case.
References
Resources
- Photo Credit black copyright symbol image by Angie Chauvin from Fotolia.com
