A copyright dispute requires more than showing that two works look alike. The analysis considers ownership, protected expression, alleged copying, permissions, and possible defenses. Lowry Blixseth APC represents clients in intellectual property disputes; contact the firm to discuss the facts and available approaches.
What should you do if your work has been copied?
Preserve the original files and records showing creation, publication, and ownership. Save the location and date of the suspected use, screenshots, available copies, and related communications. Keep registration records and agreements with contributors together. Preserve evidence before requesting removal, since the material may change.
Identify what outcome you want: removal, attribution under an agreement, payment, a license, or litigation. Whether an approach is appropriate depends on the evidence and legal rights; a demand should not promise remedies that are unavailable.
What if you receive an infringement demand?
Keep the letter, email, attachments, and any court papers. Note all stated deadlines and promptly seek advice, particularly if a lawsuit has been served. Collect the source of the material, purchase receipts, licenses, employee or contractor communications, and records of how it was used. Do not discard relevant records.
A demand is an allegation, not a judgment. Review whether the sender owns the relevant rights, whether the use falls within a license, and whether defenses apply. Removing content does not necessarily resolve a claim about earlier use.
What role do registration and fair use play?
Registration requirements and timing can affect suit eligibility and remedies. Read our registration guide. Fair use is a fact-specific analysis of purpose and character, the nature of the work, the amount and significance used, and market effects. Educational or noncommercial use is not automatically fair use, and there is no universal safe percentage.
Which routes may be available?
Depending on the circumstances, options may include negotiation, a license, a platform complaint, a DMCA notice, or litigation. The Copyright Claims Board offers a voluntary alternative for certain smaller claims, subject to eligibility and procedures. A platform removal process does not decide damages or finally resolve ownership.
For an initial discussion, prepare a timeline and the key documents. Learn more about the firm's IP litigation practice and Scott M. Lowry.
Discuss your copyright question
Contact Lowry Blixseth APC in Agoura Hills or call 818.584.6460. Bring the work, relevant agreements, registration records, and any notice or deadline.