Dealing with a copyright claim can be stressful, but there are steps you can take to resolve the issue. Here are some quick answers to common questions about copyright claims:
What is a copyright claim?
A copyright claim asserts that someone’s original creative work, such as a song, photo, or written content, is being used without permission. The owner of the copyrighted work sends a claim to have the unauthorized use removed or monetized.
Why did I get a copyright claim?
There are a few reasons you may receive a copyright claim:
- You used someone else’s copyrighted work in your content without permission, such as reproducing a song or using an image you found online.
- The copyright holder’s automated system mistakenly flagged your original content as infringing.
- Someone is abusing the copyright claim system by falsely claiming ownership of content.
What are the risks of ignoring a copyright claim?
Ignoring a valid copyright claim can lead to serious legal and financial consequences, such as:
- The copyright holder can send a DMCA takedown notice to have your content removed.
- Your website or account may be suspended for repeat copyright violations.
- You may be sued for statutory damages up to $150,000 for willful infringement.
It’s best to address each claim promptly to avoid escalation.
How do I know if a copyright claim is valid?
Assess the claim carefully to determine if it has merit. Some signs it may be invalid:
- Generic form language without details on the allegedly infringed work.
- Claims to copyright extremely common phrases, concepts, or facts.
- Use of copyrighted material falls under fair use doctrine.
When in doubt, it’s best to consult an intellectual property lawyer to evaluate the claim’s validity.
Can I get in trouble for accidentally using copyrighted material?
Yes, you can still face consequences even if you didn’t intend to infringe on copyright. The law does not require copyright holders to prove the infringement was willful or intentional.
However, accidental use is often viewed as less egregious. Being cooperative, acknowledging the mistake, and promptly addressing claims from rights holders can help mitigate damages.
What are my options for responding to a copyright claim?
Here are some potential ways to address a copyright claim:
- Remove the infringing content – Delete the material claimed to be infringing. This is the lowest-risk approach.
- Dispute the claim – Argue the claim meets criteria for fair use or is invalid. You’ll need to provide a strong legal rationale.
- Seek retraction – For mistaken claims, politely ask the claimant to withdraw the notice.
- File a counter notice – Formally contest the takedown request to reinstate removed content.
- Edit with attribution – Credit the copyright holder and remove/replace infringing portions.
- Obtain permission – Get a license from the rights holder to use the work.
Is it okay to use copyrighted content if I give credit?
No, giving credit or attribution alone does not constitute permission to use a copyrighted work. You generally need explicit consent from the rights holder.
There are some exceptions, like using short quotes or screenshots under fair use provisions. But attribution does not override copyright law or make unauthorized use permissible.
Can I edit the infringing content instead of removing it?
Yes, editing the content is often a suitable option to address a copyright claim. Strategies include:
- Cropping or masking visual media to remove the infringing portions
- Replacing infringing music, images, or text with non-infringing alternatives
- Removing substantial portions of infringing text content
Ensure your edits go far enough to transform the work and make it substantively different than the original.
What is fair use, and how does it apply?
Fair use is a legal doctrine that permits limited use of copyrighted material without permission in certain cases, such as:
- Commentary and criticism
- Parody
- Educational purposes
- Incidental inclusion (de minimis use)
- Transformative work
To qualify as fair use, the infringing content must be sufficiently transformed or repurposed, not just copied wholesale.
Can I dispute a claim if my use qualifies as fair use?
You can dispute a copyright claim if you have a good argument that your usage constitutes fair use. Provide a detailed explanation of how your content aligns with fair use standards.
Note that fair use involves subjective judgment, and rights holders may still disagree with your rationale. Defending a fair use claim can be complex.
What happens if I file a formal counter notice?
When you file a counter notice, the platform (e.g. YouTube, Facebook) alerts the copyright holder. Unless the rights holder takes legal action against you, the platform is required to reinstate the disputed content after 10-14 days.
Counter notices should only be used if you have a strong fair use rationale. There is risk the claimant will sue.
How do I avoid copyright problems in the future?
Best practices for minimizing copyright infringement risks include:
- Only use original content you created or have explicit rights to use.
- Thoroughly vet any content of uncertain origins for copyright status before using.
- Alter licensed content significantly rather than using intact or minimally edited.
- Use Creative Commons or public domain materials whenever possible.
- Formally request permission from copyright holders prior to any significant use.
- Take down questionable content at any sign of a rights holder complaint.
- Ask for legal guidance if you have any doubts about usage rights.
What are the consequences if I continually ignore copyright claims?
Repeatedly disregarding legitimate copyright claims can lead to:
- Permanent suspension of your accounts or website by web hosts or platforms
- Blacklisting and blocking of your site across search engines
- Lawsuits for substantial statutory and punitive damages
- Court orders banning you from infringing websites or posting infringing content
- Criminal charges for willful copyright infringement
It’s critical to promptly address each claim to demonstrate you take copyrights seriously.
Should I consult a lawyer about copyright claims?
Consulting a lawyer is advisable if:
- You want to dispute the validity of the claim.
- The claimed damages are significant.
- You believe your use qualifies as fair use.
- The rights holder threatens legal action.
- Your account or livelihood depends heavily on the infringing content.
For straightforward claims about unambiguous infringement, simply removing content may suffice without needing a lawyer.
Can I be sued or criminally charged for copyright infringement?
Yes, severe cases of willful copyright infringement can lead to civil lawsuits or criminal prosecution. Actions that may prompt charges include:
- Commercial distribution of pirated works.
- Downloading, sharing, or streaming illegal copies.
- Systematically ignoring takedown notices.
- Attempting to profit from infringing activity.
- Circumventing digital rights management restrictions.
These scenarios fall beyond standard infringement claims. But prosecutions typically target the most egregious violators.
How much are copyright statutory damages?
U.S. copyright law provides these statutory damage ranges per infringed work:
- Up to $30,000 for non-willful infringement.
- $200 – $150,000 for willful infringement.
- Up to $150,000 for willful infringement of unpublished works.
Statutory damages often far exceed actual financial harm. Multiple works can lead to damages in the millions.
Statutory Copyright Damages Table
| Infringement Type | Statutory Damages |
|---|---|
| Non-Willful | Up to $30,000 per work |
| Willful | $200 – $150,000 per work |
| Willful of Unpublished Works | Up to $150,000 per work |
Can I get hit with multiple claims for one instance of infringement?
Yes, if you use content owned by multiple rights holders without authorization, each can send an independent claim. For example, reposting an image that infringes on both the photographer’s copyright and a branded logo’s trademark.
Settling with one claimant does not resolve others tied to the same content. Their claims remain valid and must be addressed separately.
Should I just ignore copyright claims from other countries?
No, copyright laws vary by country, but it’s risky to assume claims from foreign rights holders are invalid or unenforceable. Many countries have copyright treaties and trade agreements that reciprocally uphold each other’s claims.
The claimant could report your infringement to local authorities or notify your web host. While harder to litigate across borders, ignoring foreign claims altogether still exposes you to legal jeopardy.
What are some alternatives to using copyrighted content?
Rather than struggle with permissions, you can often achieve your goals by using non-infringing options like:
- Original content and assets you create yourself.
- Copyright-free public domain works.
- Creative Commons licensed content.
- Stock media/footage offering full licenses.
- Fair use excerpts and quotes.
Upfront planning to integrate only non-infringing materials can prevent headaches down the line.
Conclusion
Dealing with copyright claims requires care, but understanding the basics helps assess risks and response options. Seek definitive permissions when possible, limit unlicensed usage, promptly address claims, and consult attorneys on complex cases. With some caution, most creators can manage occasional claims while protecting their hard work.