A $1.6 billion copyright infringement case brought Spotify into the public eye for all the wrong reasons. An organization called Wixen that publishes music brought the complaint against Spotify. In the case, Wixen claimed that Spotify had violated copyright by granting access to illegal music to its 60 million subscribers. Therefore, the authors and publishers of these songs will not make money from the sales of their music. Wixen is suing Spotify for a whopping $1.6 billion for this copyright infringement. Why, therefore, is copyright infringement such a severe problem? And what are the penalties for violating a copyright? Let’s begin with the fundamentals.
Meaning of Copyright Infringement
Copyright infringement is the term for using works that are protected by copyright laws without permission. When they are utilized without permission, the copyright registration holder’s exclusive right to reproduce, distribute, perform, or develop derivative works of the original work is breached.
In the event of a copyright violation, an author may request that their work be taken down. The owner of the copyright may warn you of an infringement directly or through the use of mechanisms made available by websites like Twitch and YouTube. This notification of copyright infringement is crucial and is typically sent via email or letter.
Seven Important Things to do when received Copyright Infringement Notice
Indian law takes copyright infringement charges very severely. Persons who do copyright infringement receive a stiff fine in addition to a prison term. For copyright infringement remedies, speaking with an expert is essential. The following are the 7 actions you should take after receiving a copyright infringement notification.
1. Do Not Ignore the Copyright Infringement Notice
In general, it is not a good idea to disobey a notification or cease and desist letter. While it could be tempting to disregard the letter, delete the image, and hope the problem goes away, doing so will only lead to legal action being taken by the copyright owners.
2. Delay contacting the copyright holder and their lawyer.
It may look unnatural that you are advised to delay contacting the copyright registration holder and their lawyer. Simply put, anything you say will be used against you. If a copyright holder contacts you threatening legal action because you are allegedly infringing on their rights, don’t answer them directly. Make contact with your attorney. Usually, a lawsuit will result in statutory damages.
In a crisis, people frequently call the copyright registration holder or the copyright holder’s attorney to explain. Although customers frequently do this with the greatest of intentions, it could lead to problems. They could use that information against you as proof if you expressed any regret for the transgression during that call. Despite the difficulties you face, maintain your composure.
3. Check the Copyright Infringement Notice for the Cease & Minimal Fees section
When you are informed that you have broken the copyright, the copyright holder will normally request that you “stop” utilizing the copyright. The majority of the stipulations in a cease and desist letter are usually reasonable.
4. Take Notice of the Lawsuit & Statutory Damages
Keep your cool in the situation of receiving copyright infringement notice. It is exceedingly expensive to bring a copyright infringement case before a jury, and they will only do so if they are confident they will win. As a result, the likelihood that someone would desire to do so is minimal. In actuality, they will have all the evidence prepared before moving forward. Therefore, it is imperative that you respond to the notice right away.
5. Verify the allegations made against your company.
There are numerous factual questions that need to be resolved before you can decide on a definite path of action. You must include the correct information, whether you work with a lawyer or send the letter on your own.
6. Compose a written response to the cease-and-desist letter.
The final step is to reply by sending the copyright registration owners a letter requesting that they cease and desist. It is strongly advised that you speak with legal counsel before responding to the allegation. But if you choose to do it yourself, keep the following in mind:
7. Keep your correspondence formal.
You should be aware that everything you disclose could be used against you. If you give even the slightest admission of guilt in speech or writing, the copyright holder may use the information you supply to take legal action against you.
Therefore, make sure that your reply responds to their request to have the copyrighted work deleted without providing any extra information to the copyright holder.
A few legal difficulties might also make it difficult for owners of copyrights to assert their rights. Keep in mind that some of these queries require legal counsel since they involve more complex legal issues.
Infringing on someone else’s copyright is a major problem. It should not be overlooked. Get in contact with our copyright infringement specialists at E-StartupIndia if you want further information or ongoing help. To help you deal with the litigation and safeguard your intellectual property, we have engaged the services of professionals in the field of copyrights.
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