What to Do If You Think Your Copyright is Being Infringed

Copyright is a protection that becomes effective the moment an original work of art, whether painting, print, photograph or design, is in a fixed form. Copyright stands as the indicia of ownership, but also copyright serves as a shield against infringement. However, things happen that require action to enforce your copyrights.

Assess Your Protection

Some copyright protection is better than others. A poor man's copyright may not be your best shield or evidence in an infringement dispute. However, copyright registration with the United States Copyright Office, or appropriate foreign copyright office, is your highest level of protection.

Consider who has writes or access to your work. If you created the work for another, your work for hire is not within your ability to control. If you created the work with others, consider that these individuals have equal right to distribute, sell and assign the copyright. Is the work in public domain? Public domain is not a destination, but a situation. A work in public domain means that it is under no copyright protection. This situation occurs when copyright protection expires or a work did not meet the requirements for protection.

However, if none of these issues don't apply and you have strong indicia of your exclusive rights of ownership of the work of art. You are ready for the next step.

Assess the Infringement

Evaluate how your work or part of your work was infringed. Did this person become exposed to your work? Did they inadvertently use your images for a project? Did you somehow waive copyright? Does their use count as a fair use, which is an exception to infringement? All these questions should be answered, because they will dictate how you approach the alleged infringer.

Knowing how the person obtained your work, helps you establish a path of how your work reached the infringer. You also need to establish the infringers level of knowledge and intent. These are useful in litigation as well as negotiation. Fair use is another issue. There are some situations were infringement is considered acceptable for a limited purpose. Under Title 17 of the United States Code, the copyright laws do offer guidance as to what constitutes fair use. In section 107, elements for distinguishing fair use are outlined. Depending on the applicable facts for these elements, your cause for an infringement claim could be torpedoed.

Consider Your Options

Chapter 5 of the United States Copyrights Laws addresses the issue of infringement. It outlines what is defined as an infringer and lays out remedies for the owner of the copyright. A copyright owner can enjoin the infringer from continuing to use their images or work. The copyright owner can impound or dispose of the infringer items. The exclusive owner can also seek court remedies, civil and/or criminal, and pursue damages.

Each of the remedies has a statute of limitations. Criminal prosecutions must be filed within five years of the infringement and civil actions should be filed within three years of the infringement.

In weighing your options, decide what you want. Honestly, litigation can be costly and draining. Remember Sophia Stewart's Matrix infringement matter, the case was in court at least six years. (Depending on the news reports you believe.) If you only seek acknowledgement and/or compensation, then you are within your rights to do so.

Follow Through to Ensure Continued Protection

Once you have decided what remedy you seek, take action. If you want to resolve the issue amicably, approach the infringer. In your communication, include that you are the true owner of the work of art, you became aware of the publication or use, that you either ask that the item be removed, compensation be given and/or acknowledgement of their copyright be included. In a perfect world, this may resolve the matter. The infringer might remove your work, may offer compensation, may add a copyright disclaimer, or may contract with you regarding future use of your work.

Under the Digital Millennium Copyright Act, you can curb online publication of your work and even force Internet Service Providers, such as AOL, to remove or disable the sites that are literally stealing your work.

If this does not work, you need to escalate your approach. You can file a suit in small claims court for an injunction against use or even publication of your work. For infringement, you must file in federal court.

Some companies may seek to mediate or arbitrate disputes regarding copyright infringement. In the absence of a pre-existing contract or agreement which requires arbitration or mediation, you as exclusive copyright owner can opt not to proceed in this manner.

Copyrights are designed to protect creators of original works of art. However, things happen and work gets infringed, either inadvertently or intentionally. Knowing how to handle unauthorized use of your works of art empower you to protect your personal property.

For more guidance on copyright infringement and remedies, check out the following links:

http://www.copyright.gov/title17/92chap5.html

http://www.copyright.gov/help/faq/faq-definitions.html

http://www.copyright.gov/fls/fl102.html