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Intellectual Property

Copyright Infringement

You find your photo on a stranger's storefront, your code in a competitor's app, or your article republished under someone else's name. The urge is to fire off an angry message, and that is usually the step to skip.

Reviewed

01 GUIDE

Copyright Infringement: what usually happens

What a claim has to establish

Copyright infringement generally comes down to two questions: whether you own a valid copyright in the work, and whether the other side copied protected expression from it. Copying is often shown indirectly, through access to your work combined with similarity that is hard to explain any other way. Shared ideas, common themes, or stock elements count for little, because copyright protects the particular way something is expressed. Ownership is where claims unexpectedly stall, particularly when the work was made by a contractor or bought from someone else. The other side may also argue that its use was licensed or fair, and those arguments are heavily fact-dependent.

Documenting it before it changes

Capture the infringing use as it appears now, with the full web address, the date, and screenshots or saved copies, since pages get edited or removed quickly once the user senses trouble. Gather the evidence of your own authorship: original files with their metadata, drafts, earlier publication dates, and any registration certificate. If you licensed the work to anyone, find those agreements, since a licensee may have sublicensed it or gone beyond what was allowed. Note when you first learned of the use, because these claims are subject to a limitations period. Registration matters here too, as a lawsuit over a work first published in the United States usually cannot be filed until the Copyright Office has acted on an application.

Choosing a route

Not every unauthorized use calls for the same response. A takedown notice to the platform or host can remove material quickly but does nothing about money already made from it. A demand letter can open a licensing conversation, and many disputes end with a paid license going forward. For smaller claims, the Copyright Claims Board offers a streamlined forum inside the Copyright Office, though the other side can opt out and the amounts it can award are capped. Federal court is the route for larger disputes and for situations where you need the use stopped by order. We help you weigh those routes against what the use is actually costing you and what you want the end result to look like.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

Washington, D.C.

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(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about copyright infringement and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.