Copyright Enforcement

Protecting Creative Works Against Infringement

When copyrighted works are copied, distributed, performed, displayed, or adapted without authorization, enforcement action protects both the economic value of creative investments and the creator's right to control how works are used. Effective enforcement addresses infringement through the full range of available remedies, from informal resolution through federal court litigation, selecting approaches that achieve client objectives efficiently. Representation spans industries including entertainment, publishing, software, gaming, and media, with experience addressing infringement in both traditional and digital contexts.

Detection and Investigation

Effective enforcement begins with identifying unauthorized uses and building the evidentiary record needed to pursue remedies. Detection methods include online monitoring services that scan websites, social media, and file-sharing networks for infringing content, marketplace surveillance for physical counterfeits, industry contacts who report infringement discoveries, and consumer complaints about unauthorized products. When potential infringement is identified, investigation gathers evidence through screenshots, downloads, purchases of infringing items, forensic preservation of digital evidence, and documentation of the scope and duration of infringement. Thorough investigation supports effective enforcement decisions and provides the evidence needed for successful remedies.

Cease and Desist Communications

Many infringement situations can be resolved through demand letters without incurring the cost and uncertainty of litigation. Effective cease and desist communications establish the copyright owner's rights clearly and specifically, document the infringing activities with evidence, demand immediate cessation and removal of infringing material, preserve claims for damages and other remedies, and leave room for negotiated resolution in appropriate cases. Professional, well-supported demands achieve compliance in many situations, particularly when infringers did not realize permission was required or believe they have valid defenses. When informal resolution fails, the demand letter creates a record supporting later enforcement.

DMCA Takedown Procedures

The Digital Millennium Copyright Act provides an efficient mechanism for removing infringing content from online platforms without litigation. DMCA takedown notices sent to hosting providers, search engines, and social media platforms that comply with DMCA safe harbor requirements must be acted upon expeditiously. Effective notices meet all statutory requirements, correctly identify the infringing material and its location, and are sent to the right parties. Follow-up ensures that platforms actually remove infringing content. When alleged infringers submit counter-notifications, copyright owners must decide whether to file suit to maintain removal or allow content to be restored. DMCA enforcement is often the fastest and most cost-effective way to address online infringement.

Federal Court Litigation

When informal resolution and DMCA procedures are insufficient, federal court litigation provides powerful remedies. Copyright owners can obtain injunctive relief ordering defendants to stop infringing activities. Damages may include actual damages suffered plus the infringer's profits attributable to infringement, or alternatively statutory damages ranging from $750 to $30,000 per work (and up to $150,000 for willful infringement). Attorneys' fees may be awarded to prevailing parties in appropriate cases. Courts may order impoundment and destruction of infringing copies and equipment used to produce them. Litigation strategy considers case strength, likely remedies, litigation costs, and defendant's ability to satisfy judgments.

Software and Digital Infringement

Software piracy and digital content theft present particular enforcement challenges. Technical measures are needed to identify infringers operating anonymously. Software code comparison may require expert analysis to establish copying. Circumvention of technological protection measures may support separate DMCA Section 1201 claims. Coordination with platform operators and payment processors can disrupt infringing operations. Criminal referrals to the FBI and other law enforcement may be appropriate for large-scale commercial piracy. Effective digital enforcement requires understanding both legal frameworks and technical realities.

Strategic Enforcement Programs

Organizations facing recurring infringement benefit from systematic enforcement programs rather than ad hoc responses to individual violations. Strategic enforcement prioritizes matters based on commercial impact, develops efficient processes for common enforcement activities, leverages technology for monitoring and takedowns, coordinates online and traditional enforcement, manages costs relative to protected value, and tracks results to refine approaches over time. Strategic programs maximize protection impact while managing enforcement resources efficiently.