How to Report Copyright Infringement

In today’s digital age, protecting intellectual property rights is more crucial than ever and Copyright infringement is a pervasive issue that can significantly impact creators, artists, and businesses alike. Understanding how to report copyright infringement effectively is essential for safeguarding your copyrighted work and ensuring that your legal rights are upheld. This blog will guide you through the process, from understanding what constitutes copyright infringement to the steps you can take to report it.

What is Copyright?

Copyright is a legal protection granted to the creators of original works, including literary, musical, artistic, and other intellectual creations. It provides the copyright holder with the exclusive rights to reproduce, distribute, perform, display, or license the work. Copyright differs from patents and trademarks in several ways:

• Copyright protects original works of authorship, such as books, music, and films.
• Patents protect new inventions or discoveries, giving the patent holder the right to exclude others from making, using, or selling the invention for a certain period.
• Trademarks protect symbols, names, and slogans used to identify goods or services, ensuring that consumers can distinguish between different brands.

While all three forms of intellectual property protection are vital, copyright specifically focuses on the protection of creative works.

Copyright subject matter refers to the types of works that can be protected under copyright law. This includes original works of authorship such as literary works, musical compositions, dramatic works, choreography, visual arts, motion pictures, sound recordings, and architectural designs. The “bundle of rights” associated with copyright grants the copyright holder several exclusive rights, including the right to reproduce the work, distribute copies, perform the work publicly, display the work publicly, and create derivative works based on the original. These rights are intended to provide creators with control over how their works are used and to ensure they receive proper recognition and compensation for their creativity.

What Constitutes Copyright Infringement?

Copyright infringement occurs when someone uses a copyrighted work without the permission of the copyright holder. Two critical elements must be established to prove copyright infringement:

1. Access: The infringing party must have had access to the copyrighted work. This means they must have been able to view, hear, or otherwise experience the work in question.

   A landmark case in U.S. copyright law where the issue of access was central is Arnstein v. Porter, 154 F.2d 464 (2d Cir. 1946). This case is significant because it established the standard for proving copyright infringement based on access and substantial similarity.

   In Arnstein v. Porter, Ira Arnstein, a songwriter, accused Cole Porter, a famous composer, of copying several of his musical compositions. The court considered whether Porter had access to Arnstein’s work and whether there was substantial similarity between Arnstein’s songs and the compositions of Porter. The court ruled that to prove copyright infringement, a plaintiff must show that the defendant had access to the plaintiff’s work and that there is a substantial similarity between the plaintiff’s work and the alleged infringing work. The case was notable for its discussion on how circumstantial evidence of access can be used to infer that the defendant had the opportunity to copy the work, even if direct evidence is lacking.

   This case set a precedent for how courts evaluate the elements of access and substantial similarity in copyright infringement cases.

2. Substantial Similarity: There must be a significant resemblance between the copyrighted work and the allegedly infringing work. This similarity must go beyond mere coincidence and suggest that the infringing party copied protected elements of the original work.

   A landmark case in U.S. copyright law focusing on the issue of substantial similarity is Sid & Marty Krofft Television Productions Inc. v. McDonald’s Corp., 562 F.2d 1157 (9th Cir. 1977).

   In this case, the creators of the children’s television show “H.R. Pufnstuf,” Sid and Marty Krofft, sued McDonald’s Corporation, alleging that McDonald’s had copied the show’s distinctive characters and settings for a series of commercials featuring the “McDonaldland” characters. The court had to determine whether there was substantial similarity between the characters and settings in “H.R. Pufnstuf” and those in the McDonaldland commercials.

   The Ninth Circuit Court of Appeals established the two-part test for substantial similarity: the “extrinsic test” and the “intrinsic test.” The extrinsic test is objective and considers whether there are substantial similarities in specific elements such as plot, themes, dialogue, mood, setting, pace, characters, and sequence of events. The intrinsic test, on the other hand, is subjective and depends on whether an ordinary, reasonable person would recognize the accused work as being substantially similar to the original.

   The court ultimately found that McDonald’s had infringed on the Kroffts’ copyright by copying the distinctive characters and settings from “H.R. Pufnstuf,” leading to a significant victory for the plaintiffs. This case is often cited in copyright law for its clarification of how to assess substantial similarity in copyright infringement cases.

Once copyright infringement is established or at least enough to be legally alleged, several avenues can be pursued to enforce copyright rights.

How to Report Copyright Infringement

If you believe your copyright has been infringed, there are several steps you can take to report and address the issue:

1. DMCA Takedown Notice: If the infringement occurs on a digital platform, such as a social media site, that is subject to the Digital Millennium Copyright Act (DMCA), you can file a DMCA takedown notice. The DMCA provides a legal framework for copyright holders to request the removal of infringing content from the internet. Most online platforms have a process for submitting a DMCA takedown notice, which typically requires you to provide details about the copyrighted work, the infringing content, and a statement affirming your copyright ownership.
2. Cease and Desist Letter: Another option is to send a cease and desist letter to the infringing party. This formal legal document demands that the infringer stop using the copyrighted material and outlines potential legal consequences if they fail to comply. Cease and desist letters can often lead to a settlement without the need for further legal action, as they demonstrate the seriousness of the copyright holder’s claim.
3. Filing a Lawsuit: If the infringement persists or if significant damages have been incurred, filing a lawsuit in state or federal court may be necessary. A copyright infringement lawsuit can result in various legal remedies, including injunctive relief (a court order to stop the infringing activity), monetary damages, and the recovery of legal fees. It’s advisable to consult with an experienced intellectual property attorney to navigate the complexities of copyright litigation.

Remedies Available in a Copyright Infringement Case

Several remedies are available to copyright holders who successfully prove infringement:

• Injunctive Relief: A court may issue an injunction to prevent the infringer from continuing to use the copyrighted work.
• Actual Damages: The copyright holder may recover actual damages, which are the losses directly attributable to the infringement, such as lost sales or licensing fees.
• Statutory Damages: If actual damages are difficult to determine, the copyright holder may opt for statutory damages, which range from $750 to $30,000 per work infringed, depending on the severity of the infringement. In cases of willful infringement, damages can increase up to $150,000 per work.
• Attorney’s Fees and Costs: The court may also award attorney’s fees and costs to the prevailing party in a copyright infringement case.

Calculating Copyright Infringement Damages

Under the 1976 Copyright Act, damages in a copyright infringement case can be calculated based on actual damages or statutory damages:

• Actual Damages: This calculation involves assessing the economic harm suffered by the copyright holder due to the infringement. This can include lost revenue, diminished market value, or other financial losses directly related to the unauthorized use of the copyrighted work.
• Statutory Damages: If actual damages are challenging to prove, the copyright holder may opt for statutory damages. These are pre-determined amounts set by the court, with a minimum of $750 per infringed work and a maximum of $30,000. In cases where the infringement is found to be willful, statutory damages can go as high as $150,000 per work. Statutory damages provide a way to penalize infringers even when precise financial losses are difficult to quantify.

Los Angeles Copyright Infringement Attorney

Protecting your copyrighted work is essential to maintaining your creative and intellectual property rights. By understanding how to report copyright infringement and the remedies available, you can take effective steps to enforce your rights and seek compensation for unauthorized use of your work. If you believe your copyright has been infringed, it is advisable to consult with an experienced intellectual property attorney who can guide you through the process and help you achieve the best possible outcome.

For expert legal advice on reporting copyright infringement or any other intellectual property matters, contact David Nima Sharifi, Principal Attorney at L.A. Tech and Media Law Firm, to schedule a consultation.