A $1.6 billion copyright infringement case brought Spotify into the public eye for all the wrong reasons. An organization named Wixen that publishes music brought the case against Spotify. In the case, Wixen claimed that Spotify had violated copyright by granting access to illegal music to its 60 million customers. Therefore, the authors and publishers of these songs will not get money from the sales of their music. Wixen is suing Spotify for a staggering $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.
Copyright Infringement Meaning
Copyright infringement is the term for using works that are protected by copyright laws without permission. When they are utilized without permission, the copyright 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 via the use of mechanisms made available by websites like Twitch and YouTube. This warning of copyright infringement is crucial and is often sent through email or letter.
Remedies for Copyrights Infringement
Indian law takes copyright infringement charges very severely. They receive a stiff fine in addition to a jail term. For copyright infringement remedies, speaking with an expert is essential. We have the greatest team of legal professionals at Beyond Books N Compliance that can offer the appropriate remedies for copyright infringement. The following are the 7 actions you should do 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 stop 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.
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 holder or the copyright holder's attorney to explain. Although customers usually do this with the greatest of intentions, it could lead to problems. They might use that information against you as proof if you expressed any regret for the transgression during that conversation. Despite the difficulties you confront, maintain your composure.
3) Look for the Cease & Minimal Fees in the Copyright Infringement Notice
The copyright holder will typically ask you to ‘cease’ using the copyright when you receive a notice that you have violated it. The majority of a cease and desist letter’s conditions are typically reasonable.
4) Take Notice of the Lawsuit & Statutory Damages
Keep your cool in this situation. 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 notification very away.
5) Verify the allegations made against your company.
There are several 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 submit 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 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 want to do it yourself, keep the following in mind:
- Keep your correspondence formal.
- You should be aware that everything you disclose might be used against you.
- If you give even the slightest admission of guilt in speech or writing, the copyright owners 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 owners.
7) Collect Information About the Copyright Holders
A few legal issues may also hinder the ability of copyright holders to enforce their rights. Remember that some of these questions require lawyers’ assistance because they go deeper into the law.
Infringement against copyright is a severe problem. It shouldn't be treated casually. Contact our specialists at Beyond Books N Compliance if you require further details or ongoing assistance in addressing copyright infringement. Our copyrights specialists will offer advice on how to respond to the lawsuit and copyright protection techniques. Make an appointment straight now.