Before filing
Copyright infringement claims under federal law are heard in federal court, and for most U.S. works, published or not, the Copyright Office must have registered or refused the work before the suit can proceed. A claim also has to be brought within a limitations period, and how that period is measured has itself been litigated. A demand letter is often sent first, and it should be written on the assumption that a judge may read it someday. Gather the registration, proof of authorship or ownership, and dated evidence of the infringing use.
The Copyright Claims Board
Owners with smaller claims can turn to the Copyright Claims Board, a voluntary alternative inside the Copyright Office. Proceedings are conducted remotely, damages are capped, and parties may represent themselves. A respondent can opt out within a set period, in which case the claim does not go forward there and the owner can still sue in court. For many individual creators, this forum changes the economics of pursuing a claim. Review of the Board's decisions is limited, so the choice of forum deserves real thought rather than a default to the cheaper route.
If you are the defendant
If you have been served, the time to respond is short, and default judgments in copyright cases can be costly. We look at whether the plaintiff holds a valid registration covering the work, whether your use was licensed, whether fair use or independent creation applies, and whether insurance may respond. Preserve files, licenses, and communications about the work. Many copyright lawsuits resolve through a license or settlement once both sides have exchanged information on these questions.
