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Letter of Copyright Infringement

By Eric Misterovich

Receiving a letter of copyright infringement can be scary. If you have received a letter of copyright infringement, here are a few recommendations on how to handle the copyright infringement allegations.

  1. Identify the content. Is the allegedly infringing content located on your website? Was it posted by you? Are you making money from the content?
  2. Identify whether the content is properly licensed. If the allegedly copyright infringing content is properly licensed, then there is no copyright infringement. If it is not, then you must identify available defenses.
  3. Identify available defenses. If the allegedly infringing content is not licensed, your use of the content may be protected by several defenses. These defenses may include fair use, estoppel, waiver, or the fact that the content is not copyrightable or that the purported infringement is de minimus. You should contact an attorney to help you identify and apply these defenses because they are fact-based.
  4. Hire a copyright attorney to draft a response letter. Since copyright infringement carries with it penalties of up to $150,000 per work infringed, it is important that the response letter is handled properly.

If you have received a letter of copyright infringement, contact one of our expert copyright infringement lawyers today at 855-473-8474.

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