When you pour time, creativity, and soul into something you have made, the last thing you want is for someone to steal it. What happens if someone infringes on my copyrighted work?
Whether you’re a writer, artist, musician, photographer, designer, or business owner, copyright law exists to protect your original creations. You have real options when someone crosses the line.
If you have discovered that someone copied your work without permission, you will want to act. Here is what happens next, what your rights look like, and what steps you can take to protect yourself.
What Counts as Copyright Infringement?
Copyright infringement happens when someone uses your copyrighted work without permission in a way that violates your exclusive rights. These rights include:
- Reproducing the work
- Distributing copies
- Displaying or performing the work publicly
- Creating derivative works
This can happen in a lot of different ways, such as:
- Someone reposting your photo on their business site
- Selling merchandise featuring your art
- Copying your written content
- Using your designs in marketing materials
If you created it, it’s original and fixed in a tangible form, it is automatically protected under U.S. law. You don’t have to register it for it to be copyrighted. However, registration matters if you want to enforce your rights effectively.
What You Can Do When Infringement Happens
If someone’s using your work without permission, you have several solid options.
Collect Evidence of the Infringement
Before you contact anyone or take action, you want to collect proof. Make sure to take a screenshot of the infringing content. Preserve anything that shows your original work and how it’s being misused. Evidence is your best friend.
Evaluate the Situation
Not every infringement case is malicious. Sometimes, people do not understand copyright law. But even innocent mistakes can cause financial harm or damage to your brand. You may want to consider:
- How widely it was shared
- Whether the infringer is making money from it
- Whether your audience might be confused
- How serious is the financial impact
- Whether the person is likely to cooperate
A quick consultation with an intellectual property lawyer can help determine the strength of your case and what approach makes the most sense.
Send a Cease-and-Desist Letter
This is often the first major step. It formally notifies the infringer that:
- You own the copyright
- They are using the work illegally
- They must remove, stop using, or destroy the infringing material
Many cases end right here. Once someone realizes they’ve crossed a legal line, they usually back down.
Request a DMCA Takedown
If the infringement is happening online, the Digital Millennium Copyright Act (DMCA) allows you to request that websites, hosting companies, or platforms remove the infringing content. This works for:
- Social media
- E-commerce sites
- Blogs
- Search engines
- Hosting providers
Platforms take DMCA requests seriously. Most content is removed quickly once you file the proper notice.
Negotiate a Settlement
Sometimes, infringement leads the other party to seek a license to the work, to compensate you, or to negotiate a resolution. This can save time, money, and stress while still protecting your rights.
File a Lawsuit
If the infringer refuses to cooperate or the damages are substantial, a lawsuit may be the next step.
If you want to file a copyright infringement claim in federal court, your work must be registered with the U.S. Copyright Office. If you haven’t registered yet, you can still do so, but you will want to move quickly.
If your registration was completed before the infringement began, you may also be entitled to:
- Statutory damages
- Attorney’s fees
- Court costs
How to Protect Yourself in the Future
Whether this is your first experience with infringement or the latest in a long line of copycats, there are some practices you can do to shield your creative work:
- Register your copyrights early
- Keep dated drafts or working files
- Watermark images when appropriate
- Use written contracts for licensing
- Monitor your online presence regularly
With proactive protection, you can save yourself a lot of headaches down the road.
You Have Legal Options for Infringement
What happens if someone infringes on my copyrighted work? There are several steps that you can take to protect yourself. However, copyright cases can get complicated fast. You want an attorney who understands how to protect your work and enforce your rights.
If you are a creative professional or business owner who needs help addressing copyright infringement in Illinois, Phillips & Bathke, P.C. is ready to step in and protect what you’ve built. Schedule a consultation today.
