Seek legal advice
It is generally a good idea to get legal advice if you think your copyright has been infringed. You may need advice about whether a “substantial” part of your work has been used and if the person who used your work may have done so under a copyright exception. It’s also a good idea to read the “
Infringement of Copyright” fact sheet so you understand a little more about how infringement works.
If your copyright is being administered by a collective management organisation, you should notify the organisation of the infringement as it may be able to help with the matter.
Copyright is nuanced. All copyright cases should be dealt with on a case-by-case basis, and to get clear answers about your situation it's best to get tailored legal advice. We offer access to experienced legal advisors. You can get in touch by asking a question in
Legal Service.
Catalogue is a creative record-keeping tool where you can store works, version histories, contracts and supporting documents. Keeping track of this information is a useful preventative measure in case of infringement. It means that, if necessary, you can easily supply information to a legal advisor.
Click here to learn more.
Decide what you want
Before you take any actions to contact the infringer (either yourself or with the help of a legal advisor), you’ll need to decide how you would like the matter resolved and what you want from the infringing party. A Legal Service advisor will be able to help you with this, but to get you started consider the possible remedies you may be entitled to demand:
- that the infringement stop.
- that infringing copies of your material are delivered to you, or disposed of as you direct.
- that you are either paid for the use of your work (as though you had licensed it) or you are given the profits the infringer has made from it.
You may be able to resolve the matter informally by contacting the infringer and explaining what you want them to do to resolve the matter. Often people infringe copyright through ignorance or carelessness. In such cases, people may be willing to settle the matter in a friendly way.
If the informal approach is unsuccessful or unsuitable, the next step is usually to send a formal “letter of demand.” It’s useful to seek legal advice before sending a formal letter as it can be problematic if you make unjustified claims about copyright infringement. It can also be helpful to have your lawyer or Legal Service advisor draft the letter for you, or in some cases it may be best to send the letter on the lawyer’s letterhead so it’s taken seriously.
Generally, a letter of demand should include:
- a statement that you are the copyright owner (or the basis on which you can make a claim);
- how you believe that the person has infringed your copyright;
- a statement of what you require;
- a time frame in which the demand must be met (for example 14 days after the date of the letter); and
- a statement that further action may be taken if your demand is not met within the stated time frame. Make sure you have all your facts straight.
Court action
If the matter is not settled after a letter of demand has been sent, you will need to decide whether you want to take the matter to court. Only a copyright owner or an exclusive licensee of copyright rights may take court action for copyright infringement.
Generally, it is a good idea to get a lawyer to act for you, or to advise you on how to go about legal action and the likely outcome.
Court action can be expensive and may not be worthwhile when considering the monetary sum you are likely to recover. You should discuss with your lawyer the costs of legal proceedings and the possibility that a court would award:
- an injunction, meaning an order that the infringement stop.
- an order that infringing copies of your material be delivered to you, or disposed of as you direct.
- “damages”, meaning the amount intended to compensate you for money lost due to the infringement (this could include the amount you potentially would have charged to licence the work).
- an “account of profits”, meaning the profit made by the infringer from continuing to infringe copyright.
- “costs” meaning the amount you spent on legal proceedings.
Criminal penalties
In some circumstances, infringement of copyright is a criminal offence to which fines and jail terms may apply. The criminal provisions generally apply to commercial piracy.
Reporting copyright infringements
Generally, it is up to the copyright owner to take steps to deal with infringements. However, some industry organisations are interested in being notified of infringements of copyright in their members’ material.