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A copyright infringement notice means someone claims your business used their protected work without permission: a photo on your website, marketing copy, artwork, software, or another creative work. When that notice arrives, it is tempting to ask, “What happens if we just ignore it?”
The short answer: ignoring a legitimate notice rarely makes it go away. The copyright owner can escalate with follow-up demands, a takedown notice to your web host, a Copyright Claims Board claim, or a federal lawsuit, and continuing to use the work after notice can increase your exposure. Not every notice is valid, so the right response is to investigate, not to ignore it or pay immediately.
Copyright problems usually start with ordinary business activity:
In each case, the business may not have intended to infringe anything. That does not eliminate liability. Copyright infringement does not require intent, although intent can affect the damages.
If you do not respond, the copyright owner may:
In federal court, a copyright owner can recover actual damages plus the infringer’s profits. Alternatively, if the work was registered in time, the owner can elect statutory damages under 17 U.S.C. § 504(c):
Under 17 U.S.C. § 412, statutory damages and attorney fees are generally available only if the work was registered before the infringement began or within three months after first publication. That is one of the first things to check when you receive a demand. A claim involving an unregistered work may be worth far less than the letter suggests.
Once you have been told about an alleged infringement, continuing to use the material can support an argument that further infringement was willful, which raises the statutory damages ceiling from $30,000 to $150,000 per work. Removing the material promptly while you investigate does not admit liability, and it limits the damage if the claim turns out to be valid. Our post on attorney fees in copyright infringement cases explains when the losing side may have to pay the other side’s legal fees.
Innocent mistakes are common. A business hires a contractor and assumes the contractor licensed the images. An employee uploads a photo believing it is free to use. A company misunderstands how many software seats its license covers.
Lack of intent is not a defense to infringement, but it can matter. It may reduce statutory damages, support a lower settlement, or give you a claim against the contractor who supplied the content, depending on your contract. Review your agreements with designers, agencies, and developers for warranties and indemnification provisions.
An attorney can verify the claim, assess what it is realistically worth, and identify defenses: a valid license, lack of ownership or registration, fair use, or a demand with no reasonable basis. Many claims can be resolved by removing the content and negotiating a reasonable license fee. If you do settle, the agreement should include a release that covers past use. Our guides on responding to a cease and desist letter and copyright settlement agreements walk through those steps.
If the claim is legitimate, ignoring it usually leads to escalation: more demands, a DMCA takedown notice to your web host, a Copyright Claims Board claim, or a federal lawsuit. Continuing to use the material after notice can also support a claim of willful infringement, which increases potential statutory damages.
In federal court, a copyright owner can recover actual damages and the infringer’s profits, or, for timely registered works, statutory damages of $750 to $30,000 per work, up to $150,000 per work for willful infringement. Statutory damages can be reduced to $200 per work for innocent infringers. Attorney fees may also be awarded for timely registered works.
Yes. Copyright infringement does not require intent. However, a lack of knowledge can reduce statutory damages, can support a lower settlement, and may give you a claim against a designer or contractor who supplied the image.
Yes. Under 17 U.S.C. section 507(b), a civil copyright action must be commenced within three years after the claim accrued. Courts differ on when a claim accrues, so an attorney should evaluate whether an older use is still actionable.
In most cases, yes. Removing the material while you investigate limits further exposure and does not, by itself, admit liability. Keep a record of the page and the image before removing it, in case you need it to evaluate or defend the claim.
If your business received a copyright infringement notice, Revision Legal’s copyright infringement attorneys can evaluate the claim and help you respond. You can contact us through the form on this page or call (855) 473-8474.
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