If you have created original works of authorship and they have been stolen, you will need to hire top-rated and experienced copyright defense litigators. You will need a consultation with those copyright attorneys to determine if litigation should be filed immediately. Having copyright-protected works of authorship “stolen” can come in a variety of forms. Content uploaded onto the internet without permission — like a photo or part of a book you have written — can often be resolved without filing litigation. A “take-down” notice can be sent along with a demand for payment and/or a licensing agreement can be offered. By contrast, if someone claims to actually OWN the copyright to your art, music, etc., then litigation is probably required.

The type of lawyer you need is, first, one with extensive and deep knowledge of copyright law. There are, for example, many lawful uses of copyright-protected materials that are considered “fair use” and general concepts and ideas are not copyrightable. Not too long ago, there was a famous litigated case involving a filmed version of a scene from a book. The scene involved the use of a handgun as foreplay to a sexual encounter. The court held that the general idea of using a gun as foreplay was not copyrightable. And, then, as to the filmed scene, the court held that it was sufficiently different from the scene described in the book that there was no copyright infringement.

A copyright law firm is also needed because there are certain legal requirements that must be met before federal copyright infringement litigation can be started. As one example, copyrighted material must be registered with the U.S. Copyright Office as a prerequisite to initiating such litigation. The U.S. Supreme Court recently determined that registration must be fully accomplished before the litigation could be filed. This matters because there are time deadlines — statutes of limitations — by which litigation must be filed. If the deadlines are missed, then your copyright infringement case will be dismissed. The statute of limitations for copyright violation is three years for civil lawsuits which means you must have your lawsuit on file within three years of discovering the copyright violation.

A copyright attorney is also needed for ensuring that take-down notices are properly sent and sent to the correct parties. Generally, a take down notice is one that claims ownership of a copyright-protected work and demands a ceasing and desisting of the infringing behavior. Most commonly, this is a demand for removal of the work from the internet. But a notice of this sort is also used to demand that a work be removed from display, that a work — such a music — not be performed, and more

The type of lawyer you need is, second, one with broader knowledge of intellectual property law. As noted, offering a licensing agreement is one option as a solution to copyright infringement. This entails giving permission for the use of your copyright in exchange for payment of royalty fees. Another option is the sale and transfer of the copyright. A law firm with a solid grounding in intellectual property law will know how to offer legal advice and how to get the license agreement or purchase/sale agreement drafted and executed.

Contact the Copyright Litigators at Revision Legal

For more information, contact the experienced Copyright and Intellectual Property Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Assessing Whether You Have a Registrable and Enforceable Copyright

Before pursuing any enforcement action, a copyright attorney must assess whether the work qualifies for copyright protection and whether registration is possible and timely. Copyright protection under 17 U.S.C. § 102 extends to original works of authorship fixed in a tangible medium of expression. Originality requires only a minimal degree of creativity — not novelty — but certain categories of content are categorically excluded: facts, ideas, systems, methods of operation, and works that lack even minimal creative authorship.

This threshold matters because enforcement claims are only legally viable for content that is actually copyrightable. If someone has taken your factual research, your data compilation, or a functional system you designed, copyright law may not protect it — but trade secret law, contract law, or unfair competition law might. An experienced copyright attorney will quickly identify which legal theories actually apply to your situation so you do not waste time and money pursuing the wrong remedies.

DMCA Takedown Notices: How They Work and When to Use Them

For online infringement — content posted on websites, social media platforms, streaming services, and e-commerce sites — the Digital Millennium Copyright Act (DMCA) provides a fast and relatively low-cost tool for demanding removal. Under 17 U.S.C. § 512, online service providers who receive a proper DMCA takedown notice must expeditiously remove or disable access to the infringing content to maintain their safe harbor protection from liability. Major platforms — Google, YouTube, Instagram, Amazon, and others — have established DMCA notice submission portals.

A valid DMCA notice must include specific elements: identification of the copyrighted work, identification of the infringing material and its URL, a statement of good faith belief that the use is not authorized, a statement under penalty of perjury that the information is accurate, and the physical or electronic signature of the copyright owner or authorized agent. A defective notice may be rejected or ignored by the platform, and a knowingly material misrepresentation can expose the sender to liability under 17 U.S.C. § 512(f).

When Registration Status Changes Your Litigation Options

The timing of copyright registration relative to infringement has dramatic consequences for what a plaintiff can recover. The framework under 17 U.S.C. § 412 divides cases into two categories:

• Pre-infringement registration (or registration within three months of first publication): The copyright owner may elect statutory damages of $750–$30,000 per work, up to $150,000 for willful infringement, plus attorney fees. This is the highest-leverage litigation posture.
• Post-infringement registration (outside the three-month window): The copyright owner is limited to actual damages (provable losses) and the infringer’s profits attributable to the infringement. No statutory damages, no attorney fees. This significantly reduces litigation leverage and economic viability.

This disparity creates a clear best practice: register your most valuable creative works promptly upon creation or publication. For professional content creators — photographers, writers, musicians, developers, designers — systematic copyright registration is not optional; it is the foundation of an enforceable IP portfolio.

If your copyrights have been stolen, contact Revision Legal immediately. The sooner you act, the more legal options are available to you. Call us at 231-714-0100 or 855-473-8474 for an urgent consultation with our copyright litigation team.