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Intellectual Property

File a Copyright Complaint

Someone copied your work, and you are trying to work out where to actually file — with the website, with a government office, or in court.

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01 GUIDE

File a Copyright Complaint: what usually happens

Where a complaint can go

When people want to file a copyright complaint, they usually mean one of three things. A takedown notice to the platform hosting the material is the quickest step for online uses and involves no government office. The Copyright Claims Board, part of the Copyright Office, hears smaller claims through a streamlined process, although the other party can opt out and damages are capped. A federal lawsuit is the route for larger disputes, injunctions, and cases where the other side will not engage. State courts generally do not hear copyright infringement claims, and criminal enforcement is usually reserved for willful infringement on a commercial scale.

What you need before filing

Whatever route you choose, have proof of ownership ready: original files, drafts, and registration records if you have them. For a federal suit over a US work, registration generally must be completed or refused before you file, and the Claims Board requires at least a pending application. Capture the infringing use with URLs, screenshots, dates, and copies. A takedown notice must include specific statements, including a good-faith belief that the use is unauthorized, and knowingly false statements carry liability, so consider licenses and fair use before sending one.

Choosing a route together

We look at what you want to happen: removal, payment, a stop to future copying, or all of these. Removal alone may need nothing more than a well-drafted notice. If you want compensation, the timing of your registration and the scale of the use affect what is realistic, and a demand letter often comes before any filing. Claims have a filing deadline, so delay narrows your choices. If the infringer is a business you can identify, its name, address, and the scale of its use will help decide whether a formal claim is worth pursuing. Bring your work, evidence of the copying, and any contact you have already had with the other party.

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

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about file a copyright complaint 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.