Dec 25, 2024
How to Report Copyright Infringement & Avoid Repeat Offenses
Your unique creations help define your brand and set your business apart from competitors. Discovering that someone has copied your valuable assets without permission can be a personal violation. Fortunately, there are steps you can take when someone improperly uses your intellectual property. In this article, we’ll discuss how to report copyright infringement to help you achieve your goals, which include successfully reporting the violation and implementing brand protection strategies to protect your work from future misuse.
One tool that can help you accomplish these objectives is Bustem’s copycat detection tool. With this resource, you can quickly identify any unauthorized use of your copyrighted material so you can take action and prepare to file a report.
Table of Contents
What’s a Copyright Infringement?
Copyright infringement happens when someone reproduces, distributes, or publicly displays someone else's copyrighted work without permission or legal exemption. Copyright protects the ownership of unique works, such as:
Photographs
Manuscripts
Web copy
It also restricts unauthorized copies of the work. A copyright infringement occurs when someone reproduces a copyright-protected work without consent from the creator. Copyright infringement is against the law, but it doesn’t stop it from happening en masse, primarily online.
Common Examples of Copyright Infringement
There are various ways scammers and counterfeiters infringe on copyright online. Whether the infringer's intent is malicious or unintentional, having unauthorized copies of a protected work online can ruin its value and defraud the owner. The most common examples of copyright infringement to watch out for include:
Stolen Photographs and Graphics
Original pictures are protected under copyright law. But they are some of the easiest forms of content to replicate. Thousands of users upload stolen photographs and graphics daily on social media platforms like:
Instagram
Facebook
Brand owners should keep their eyes peeled for infringements of their photos, as they can be used in scam ads and spoof websites. One of the significant adverse side effects is that viewers may not realize that the work has been used unlawfully and could come to associate your brand or work with unfavorable websites or adverts.
Text Infringement
Large and small-scale forms of text infringement range from uploading entire manuscripts to stealing copies from a website or social media account. Any content you write and post online can be copied and infringed upon online, which is especially dangerous in scam cases. Scammers can copy text from existing brand’s websites to create spoof websites, and impersonation accounts that defraud consumers.
Illegal Movie & Music Streaming
Scammers upload copyrighted music and movies they do not own and make them available for free on illicit sites. This is a massive problem for the music and movie industries, which lose millions in revenue yearly due to illegal streaming. Scammers don’t just target big names, either. Even independent creators who upload their music or films online can have their content stolen.
Why Removing Copyright Infringements Is Crucial
When copyright infringements occur on such a large scale online, some question whether it’s worth trying to stop the problem. But for content creators and business owners who rely on their unique work for revenue and audience connection, removing any copyright infringements is essential. Copyright infringements can have a devastating impact on content owners, including:
Diminished Value
For many original creations, like works of art, originality and scarcity increase the value of the creation. If multiple copies of a piece of art are supposed to be one-of-a-kind, it will likely diminish its value.
Lost Revenue
Scammers typically infringe on intellectual property for two reasons: to impersonate the brand and defraud consumers or sell counterfeit goods. In either case, their efforts divert customers from the original brand and bring them to their site. Any sales they make are revenue stolen directly from the brand or creator who made the original content that is being infringed upon.
Damaged Brand Reputation
Consumers can be easily fooled by scam ads, counterfeit products, or other copyright infringement schemes used online. Because scammers typically use infringements to impersonate the brands they’re stealing from, the original brand is often blamed.
Having these infringements on the market can quickly damage your reputation as a brand or creator and make your loyal customers lose faith in you.
Where to Report Copyright Infringement
Knowing where to report copyright infringement can streamline the process and ensure your complaint reaches the appropriate authorities. Here are some common avenues for reporting copyright infringement:
Authorities
Report to your local government or the U.S. government here. This serves more as a record than an immediate action to remove the infringement.
Online Content
Report to the website or platform hosting the content. Most websites have a copyright infringement or DMCA (Digital Millennium Copyright Act) report form.
Businesses
If a business is infringing, report to the company's legal department, or if they are a customer of a larger service (like a web hosting company), report to the service provider.
Platforms
Report the infringement directly to the social media platform or e-commerce marketplace where you discovered it. There are systems in place on platforms such as:
Amazon
Shopify
Facebook
Instagram allows users to report copyright violations readily
Use Facebook’s copyright reporting form.
Since Facebook owns Instagram, it uses Instagram’s copyright reporting form, which is similar to Facebook’s.
Shopify
Log in to your store account to access the copyright infringement form.
Amazon
Navigate to the Amazon report infringement form and provide the required information.
Logos
Report to the platform where the logo is being misused or directly to the company if they are using your logo without permission.
Music
For online infringement, report to the platform hosting the music. Report to a performing rights organization (e.g., ASCAP, BMI) or the record label for commercial use.
Movies
Report to the streaming platform, website, or the Motion Picture Association’s (MPA) anti-piracy department.
Search Engines
If you are experiencing difficulty eliminating copyright infringement, Search engines are a good way to report it. You can ensure that customers cannot find the infringing content, even if you cannot persuade the counterfeiter or the website operator to remove it. Copyright violations can be reported to Google, which will help remove the content from the platform and prevent it from appearing in searches.
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How to Identify Infringement?
Copyright infringement occurs when a copyrighted work is used without permission, violating the copyright holder’s exclusive rights. To determine if infringement has occurred, you must check whether a work is protected under copyright law and if the usage violates exclusive rights, such as:
Reproduction
Distribution
Public performance
You should review licensing agreements to see if the alleged infringer had permission to use your work. Next, assess if the work is in the public domain and identify any fair use exceptions that may apply. If none of these factors apply, you can compare the original work to the infringing work to check for similarities, use technology tools to identify potential infringements and monitor the web for any unauthorized use of your copyrighted material.
What Isn’t Covered by Copyright Laws?
Not everything is protected by copyright law, and brand owners and content creators must know what won’t be enforceable. Content that isn’t covered by copyright laws includes:
Ideas and Non-tangible Works
To be protected under copyright, a creation has to be tangible. This means it must exist in a consumable way. For this reason, ideas are not protected by copyright. A photograph, for example, is copyright protected, but not the concept of the photo, like its location or subject. The same goes for a novel; the actual manuscript is protected, but the plot is an idea that is legal for anyone to use and make their own.
Trademarkable Content
Col copyright law cannot protect slogans, brand names, and other brand identifiers. This doesn’t mean they can’t be protected. Brand owners can register a business trademark for this content to ensure they can enforce their ownership.
Content in the Public Domain
Copyrighted content is typically protected for a creator’s entire life plus an additional 70 years. If the content was published before, it falls into the public domain. Anyone, free of consequence, can replicate content within the public domain. Along with this content that isn’t protected by copyright, there are instances where sometimes even protected content can be replicated, so long as it falls under fair use.
What Constitutes Fair Use of Copyright Material?
Fair use law promotes the freedom of expression and permits the unlicensed replication of copyrighted content if specific criteria are met (Copyright.gov). To qualify as fair use, a creator must provide commentary on the protected content or transform it within a new creation. A typical example is when a content creator uses a clip of a movie or video while reviewing it online. How can you tell if someone is infringing on your content or if it falls within fair use? If someone makes money from the replicated content, it’s likely an infringement. If you see this occurring, you must report the copyright violation and work to get it taken down.
Key Strategies to Identify Potential Copyright Infringements
Direct Comparison
Review your original work and the suspected infringing material side-by-side. Look for substantial similarities or direct copying that could indicate infringement.
Contextual Analysis
Consider the context in which the work is used. Even if the alleged infringing work is not an exact copy, modifications or derivative works without permission might still constitute infringement.
Use of Technology Tools to Identify Infringement
Plagiarism Detection Software: Use software to detect textual similarities and potential plagiarism. These tools can scan the internet for copies or partial matches of your work.
Image and Video Recognition Tools: For visual or audiovisual works, employ image recognition or video matching tools that scan for visual similarities across the web and on social media platforms.
Content Monitoring Services: Subscribe to services that continuously monitor the digital landscape for your copyrighted material and alert you to potential infringements as they occur.
Review of Licensing Agreements and Permissions
Verify Permissions: Review any licensing agreements or permissions you have granted to others to use my work. Ensure that the use falls within the agreed terms and that no infringement is occurring beyond the scope of the license.
Check Public Domain and Fair Use: Determine if the work in question falls into the public domain or if its use could be considered fair use under copyright law. These factors can influence whether an infringement has occurred.
By employing these strategies, copyright holders can proactively identify and address copyright infringements, protecting their intellectual property and ensuring their rights are upheld.
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How to Report Copyright Infringement
To effectively report copyright infringement, you must first identify the unauthorized use of your copyrighted material. Examples of copyright infringement include using someone else’s images or videos without permission, copying and pasting text from another source without proper attribution, and using a copyrighted logo or trademark without permission. In many cases, these infringements occur online. To ensure that you have a solid case, gather evidence that supports your claim.
Gather Evidence
When reporting copyright infringement, it’s essential to have evidence to support your claim. This evidence can help convince the infringing party or website to remove the infringing content and be helpful if legal action is required. The more evidence you have to support your claim, the stronger your case will be.
Some examples of evidence include:
Screenshots of the infringing content, including the URL and date/time.
Links to the infringing content.
Any correspondence between you and the infringing party/website.
Proof of your ownership of the copyrighted material, such as registration certificates or purchase receipts.
To gather evidence, start by identifying the infringing content. Take screenshots and record any relevant URLs and dates/times. If possible, save copies of the actual infringing content. Next, document any correspondence with the infringing party or website, including:
Emails
Messages
Comments
Keep track of dates and times. If you have proof of ownership of the copyrighted material, such as registration certificates or purchase receipts, make sure to have copies available. Organize your evidence clearly and concisely so you can easily present it when needed.
Determine Your Options
When reporting copyright infringement, you have several options to consider:
You can file a complaint with the infringing site.
You can contact the copyright owner directly.
Filing a Complaint with the Infringing Site
If you file a complaint with the infringing site, look for a link or email address for reporting copyright infringement. Read the site’s terms of use and other policies before submitting a complaint. Often, the site will provide instructions on what information to include and how to file a complaint. When filing a complaint with the infringing site, remember that the site may legally be obligated to remove infringing content once it receives a proper notification. Nevertheless, the process can sometimes be slow or ineffective.
Contacting the Copyright Owner Directly
If you contact the copyright owner directly, provide as much information as possible about the infringement, including links to the infringing content and any other evidence you have gathered. Contacting the copyright owner directly can be a more direct and effective way to address infringement. It can be more time-consuming and may require more effort.
File a Takedown Notice
How to File a Takedown Notice for Copyright Infringement
A takedown notice is a legal request that demands removing infringing content from a website or platform. Here’s how you can file a takedown notice:
Identify the infringing content
Before filing a takedown notice, you must identify the specific infringing content. This may include the page URL or file where the content is hosted.
Gather Evidence: Collect evidence to support your copyright infringement claim. Screenshots, timestamps, and links to the infringing content can be included as evidence.
Draft a Takedown Notice: Create a formal takedown notice that includes details about the infringing content, the legal basis for your claim, and evidence of the infringement.
Include the following information in your takedown notice:
Name and contact information
Description of the copyrighted work
Location of the infringing content
Legal basis for the claim
Evidence of infringement
Statement that you have a good faith belief that the copyright owner does not authorize the use of the copyrighted material.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Send the Takedown Notice
Send the takedown notice to the website or platform hosted by infringing content. Follow the specific guidelines for submitting a takedown notice on that site. Filing a takedown notice is legal, and false claims can result in legal consequences. Ensure you have a legitimate copyright infringement claim before submitting a takedown notice.
Contact the Infringing Site: How to Contact the Site Owner
If you have identified the site where your copyrighted material is being used without authorization, the next step is to contact them directly. It’s essential to approach the situation politely and clearly state your case. Remember that the site owner may not be aware that they are using your content without permission, so give them the benefit of the doubt before escalating the issue.
When contacting the site owner, be sure to:
Provide specific details about which content is infringing on your copyright.
Explain why you own the copyright to that content.
State that you are requesting the content be removed.
Provide contact information if the site owner has questions or needs further information.
If you are unsure how to contact the site owner, you can usually find their contact information on the site’s “About” or “Contact” page. If that information is unavailable, you can use a WHOIS lookup tool to find the site owner’s contact information.
Contact the Copyright Owner
Another option for reporting copyright infringement is to contact the copyright owner directly. This is especially useful if you are the copyright owner or reporting infringement on behalf of the copyright owner. When contacting the copyright owner, include all relevant information about the infringement, such as the location of the infringing content and any evidence you have gathered. Be polite and professional in your message, and explain that you are contacting them to resolve the issue. If you are unsure who the copyright owner is or how to contact them, you can try searching for the copyright information online or using a service like the Copyright Clearance Center. In some cases, hiring an attorney to help you track down the copyright owner and resolve the infringement may be necessary.
Work with an Attorney: When to Get Help from a Lawyer
While reporting copyright infringement can often be done on your own, there may be situations where it is helpful or necessary to work with an attorney. An attorney specializing in copyright law can provide guidance and support throughout the process, from identifying infringement to filing a takedown notice or pursuing legal action.
Seeking Legal Counsel
If you are unsure whether you need an attorney, consider consulting with one to understand your options and potential outcomes. An attorney can also help you navigate the complex legal issues that may arise when reporting copyright infringement, such as fair use and the Digital Millennium Copyright Act (DMCA).
Choosing the Right Attorney
If you decide to work with an attorney, find one with experience in copyright law and a track record of success in similar cases. It is also important to understand the fees and costs involved in working with an attorney, as they can vary depending on the complexity of your case and the attorney’s experience and expertise.
Follow Up: How to Follow Up After Reporting Copyright Infringement
After reporting a copyright infringement, following up on your efforts to ensure that the infringing content is removed is essential. Here are some tips on how to do so:
Keep Track of Your Communications: Note who I’ve contacted, when I contacted them, and their response. This will help me keep track of my progress.
Be Persistent: Don’t give up if my initial efforts to remove the infringing content are unsuccessful. Keep following up with the infringing site or copyright owner until the issue is resolved.
Consider Escalating the Issue: If I’m not getting a response from the infringing site or copyright owner, consider escalating the issue. This may involve contacting their web hosting provider or filing a complaint with a regulatory body.
Document Everything: Keep copies of all communications and evidence related to the copyright infringement. This will be helpful if I need to pursue legal action.
Prevent Future Infringement: Tips Copyright Owners Can Use to Protect Their Work
One of the best ways to prevent future copyright infringement is to take proactive steps to protect your work. Here are some tips:
Watermark Your Work: Adding a visible watermark to your images or videos can help deter potential infringers from using your content without permission.
Register Your Copyright: Registering your copyright with the US Copyright Office gives you legal protection and makes it easier to enforce your rights if infringement occurs.
Monitor Your Content: Keep an eye out for any unauthorized use of your content and take action as soon as possible if infringement occurs.
Use a Content Protection Service: Consider using a content protection service that scans the internet for unauthorized use of your content and provides tools to take action against infringers.
Find and Take Down Copycats with One-click Today
Copycats are everywhere on the internet, and they can easily damage your online brand if you don’t take immediate action to eliminate them. Bustem scans billions of websites to find unauthorized uses of your store’s content, including:
Images
Videos
Text
Headlines
Once we identify your copycats, we streamline the takedown process to get them off the web and protect your brand as quickly as possible.
Bustem Offers Powerful DMCA Tools to Takedown Copycats
Most copycats can be removed from the internet by filing a DMCA takedown notice. When you file a DMCA notice, you notify the offending website’s host that the content in question is stolen property and request its removal. Bustem simplifies the DMCA takedown process with pre-filled templates and case management features to help you eliminate copycats efficiently.
Bustem Provides Ongoing Monitoring for Your E-Commerce Content
The best way to protect your online brand is to stop content theft before it starts. Bustem helps you do just that. Our robust monitoring tools continually scan the web for unauthorized uses of your business’s content so you can identify and eliminate copycats as quickly as possible. With over 2 million DMCA notices filed daily and businesses losing $29 billion annually to content theft, it pays to protect your assets proactively.
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