I believe someone ripped off my copyrighted work. What can I do about this copyright infringement?
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UPDATED: Jul 14, 2023
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UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Copyright infringement happens when a person exercises one of the exclusive rights of the copyright owner without authorization. According to the law, the owner of the copyright has the right to sue for an injunction to prevent further use, seizure of all violating items, money damages and attorneys fees.
What is copyright infringement?
Under Title 17 section 106A, the owner of a copyright has the exclusive right to:
- Claim authorship.
- Prevent the use of his or her name as the author of any work of visual art which he or she did not create.
- Prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation.
- Prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
- To reproduce the copyrighted work in copies or phonorecords.
- To prepare other works based upon the copyrighted work.
- To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
- In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly.
- In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.
- In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
What should I do if my right has been violated?
Contact a copyright attorney for assistance in filing for an immediate injunction and full infringement case. Copyright law is complex and has very specific statues of limitation, so as soon as you discover the infringement, contact an attorney.
Case Studies: Copyright Infringement and Legal Action
Case Study 1: The Plagiarized Academic Paper
Emily, a dedicated researcher, discovers that her groundbreaking academic paper has been copied verbatim and published under someone else’s name. Seeking redress, Emily engages a copyright attorney to pursue legal action, including proving her authorship, demanding retractions, and seeking compensation for the damages caused by the plagiarism.
Case Study 2: The Copyrighted Photograph
Alex, a professional photographer, finds that one of his copyrighted photographs has been used without permission on a commercial website. With the assistance of a copyright attorney, Alex takes swift action to issue a takedown notice, claim damages for the unauthorized use, and ensure proper attribution or removal of the photograph.
Case Study 3: The Infringed Software Code
Sarah, a software developer, discovers that her proprietary code has been illegally copied and integrated into a competitor’s software product. Sarah seeks legal representation from a copyright attorney to initiate legal proceedings, including a cease and desist letter, pursuing damages for the infringement, and safeguarding her intellectual property rights.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.