Posted in Video
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Transcript:
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Well, you worked hard on your creation and now you found someone using it without your permission. So, what do you do? I’m the patent Baron and today we’re going to talk about what it takes to prove copyright infringement and what you can do about it. Copyright infringement happens when someone uses
00:15
your protected work without your permission and outside the scope of fair use. To win an infringement claim, you need to prove first that you own the copyright and it’s valid. Two, that the other party copied the work. three that the copying was substantially similar.
00:31
So direct evidence is rare, but you can show sometimes access. They had a way to see your work. It was posted online, for example. Similarity. The two works are too close to be a coincidence. Screenshots, emails, digital timestamps, and metadata can all help. So, here’s
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what you can do next. You can start with a polite email or takeown request. You can file a DMCA takeown notice if it’s online. You can send a cease and desist letter. If that fails though, you may need to file a lawsuit. So, what happens in court? Well, if you win, you may be
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entitled to actual damages, statutory damages, which can be up to $150,000 per work if willful, attorneys fees, and also injunctions to stop future use. Don’t let your work be taken advantage of. At the Patent Baron, we help creators defend what’s theirs. Contact us to talk strategy and enforcement
