To report copyright infringement, you should primarily be clear about who is violating your copyright.You will have to file a civil lawsuitin the respective district courts if you are in the US or in the applicable jurisdiction if you are in some other country. Best thing would be to consult with an attorney.In cases, where you are dealing with willful infringement, in cases that involve profit making, a criminal investigation and filing might be warranted.
Try To Talk It Out Of Court
Reporting copyright infringement is a long legal process and it is indeed very serious. Before taking things to court, it would be of help, if you try to sort the issue privately with the concerned party by talking things out. Sometimes, simply bringing the offensive act to the notice of the party involved in the infringement can help discuss and sort the issue smoothly; however, when the other party is not willing to deal with things in a smooth manner, and they try to prove that they are the original owner, by making minor changes, then you might have to proceed legally with valid copyright registrations and proof of ownership of the work.
Misrepresenting the original work of ownership of a person, while being aware of the offense, is legally infringing according to the Digital Millennium Copyright Act (DMCA). The quickest way to report copyright infringement is to send a DMCA copyright infringement form. Otherwise, you can do the needful to send a legal copyright notice.
A Legal Copyright Notice
When you are sending a legal copyright infringement notice, it is best to work with the help of an attorney.
- The attorney will include your complete contact information, which consists of your name, your mailing address, phone number.
- Complete details of the content that is said to have been infringed should be provided with valid proof of ownership like proof for having registered the work with a third party website with time stamp, copyright registration certificate or other essentials to prove ownership.
- Details about how the copyright has been infringed by the third party should be detailed as well with appropriate proof and citations.
- In cases where the concerned party has been non-cooperative in smooth out-of-court discussions, details of such discussions can be furnished as well.
You might have to as well provide with a valid declaration stating that you are truthful about your complaint, and you should assure that the method in which the third party or concerned person has used the content is not something that is permissible in the fair use context. In cases where you are the owner you should declare that you are the owner. And in cases, where you are appointing an attorney to deal with the issue, you should have provided the rights to deal with the case on your behalf by due power of attorney to represent you in the case.
The proof of ownership and the proof for copyright registration with due timestamps really help a great deal in bringing a quick finish to such claims in the legal context.