Post by PickyChicky on Aug 11, 2013 6:41:11 GMT -6
Reporting Copyright Infringement
Source: www.copyright.gov/help/faq/faq-infringement.html
What Do I Do If My Copyright Has Been Infringed?
Serving primarily as an office of record, the Copyright Office is not charged with enforcing the law it administers. Copyright infringement is generally a civil matter, which the copyright owner must pursue in federal court. Under certain circumstances, the infringement may also constitute a criminal misdemeanor or felony, which would be prosecuted by the U.S. Department of Justice.
If you believe that your copyright has been infringed and you anticipate a legal dispute, if you have not yet done so, it is advisable that a registration be made as soon as possible in order to secure the opportunity for valuable remedies and litigation advantages available for timely registration under the Copyright Act. If a work is registered prior to infringement or within three months of publication, statutory damages will be available as an option for monetary relief, and the recovery for attorney’s fees may be available. In addition, a registration made before or within five years of publication of the work provides a presumption of the validity of the copyright and the facts stated within the registration certificate. A certificate of registration (or a rejection of an application for copyright) is a prerequisite for U.S. authors seeking to initiate a suit for copyright infringement in federal district court. See Circular 1 Copyright Basics, and sections 410, 411, and 412 of the copyright law.
Please be advised that there is no provision in the copyright law or the practices of the Copyright Office regarding any type of protection known as the “poor man's copyright.” The mere act of placing a copy in the mail addressed to oneself does not secure statutory copyright protection for the work, nor will it serve as a substitute for registration of a claim to copyright in this Office in terms of legal and evidentiary value.
Where Can I Get Help?
You may wish to seek professional legal advice from a copyright attorney and to discuss your legal options. The Copyright Office is unable to provide referrals or a list of attorneys. Your local or state bar association may be able to recommend a copyright attorney, or an attorney who specializes in intellectual property, arts, or entertainment law matters. Alternatively, you may wish to investigate whether a public interest organization that offers services to authors and copyright owners, such as Volunteer Lawyers for the Arts, has a regional office in your area that may assist you with locating free or reduced fee legal services or assistance. In addition, local law schools may provide representation through clinical programs in Intellectual Property or Arts and Entertainment Law.
If you believe that a criminal infringement of copyright has occurred, you may contact the Intellectual Property (IP) Program of the Financial Institution Fraud Unit of the Federal Bureau of Investigation.
Two main FBI divisions investigate intellectual property crimes:
1. Cyber Division - Investigates intellectual property crimes involving all digital and electronic works (including Internet, CDs, DVDs, etc) www.fbi.gov/ipr
2. Financial Institution Fraud Unit - All other intellectual property crimes
There are three ways a complaint made be filed:
Further, there are industry-specific organizations that monitor and prosecute copyright violations. Lists of copyright industry organizations and authors organizations are readily available on numerous sites on the Internet.
Finally, online service providers must comply with certain conditions if they wish to take advantage of certain limitations of liability when a user publishes infringing content on their systems. One of these obligations is the designation of an agent for notification of claimed infringement. To qualify for certain limitations on liability, online service providers must, among other things, provide contact information to the Copyright Office and through the service provider's publicly accessible website on “designated agents” who will receive notices of alleged infringement. The Copyright Office website includes a directory of agents for notification that lists “designated agents” for online service providers recorded with the Copyright Office. For general information on this provision of the law, see section 512. Also, see a summary of this provision of the law.
Source: www.copyright.gov/help/faq/faq-infringement.html
What Do I Do If My Copyright Has Been Infringed?
Serving primarily as an office of record, the Copyright Office is not charged with enforcing the law it administers. Copyright infringement is generally a civil matter, which the copyright owner must pursue in federal court. Under certain circumstances, the infringement may also constitute a criminal misdemeanor or felony, which would be prosecuted by the U.S. Department of Justice.
If you believe that your copyright has been infringed and you anticipate a legal dispute, if you have not yet done so, it is advisable that a registration be made as soon as possible in order to secure the opportunity for valuable remedies and litigation advantages available for timely registration under the Copyright Act. If a work is registered prior to infringement or within three months of publication, statutory damages will be available as an option for monetary relief, and the recovery for attorney’s fees may be available. In addition, a registration made before or within five years of publication of the work provides a presumption of the validity of the copyright and the facts stated within the registration certificate. A certificate of registration (or a rejection of an application for copyright) is a prerequisite for U.S. authors seeking to initiate a suit for copyright infringement in federal district court. See Circular 1 Copyright Basics, and sections 410, 411, and 412 of the copyright law.
Please be advised that there is no provision in the copyright law or the practices of the Copyright Office regarding any type of protection known as the “poor man's copyright.” The mere act of placing a copy in the mail addressed to oneself does not secure statutory copyright protection for the work, nor will it serve as a substitute for registration of a claim to copyright in this Office in terms of legal and evidentiary value.
Where Can I Get Help?
You may wish to seek professional legal advice from a copyright attorney and to discuss your legal options. The Copyright Office is unable to provide referrals or a list of attorneys. Your local or state bar association may be able to recommend a copyright attorney, or an attorney who specializes in intellectual property, arts, or entertainment law matters. Alternatively, you may wish to investigate whether a public interest organization that offers services to authors and copyright owners, such as Volunteer Lawyers for the Arts, has a regional office in your area that may assist you with locating free or reduced fee legal services or assistance. In addition, local law schools may provide representation through clinical programs in Intellectual Property or Arts and Entertainment Law.
If you believe that a criminal infringement of copyright has occurred, you may contact the Intellectual Property (IP) Program of the Financial Institution Fraud Unit of the Federal Bureau of Investigation.
Two main FBI divisions investigate intellectual property crimes:
1. Cyber Division - Investigates intellectual property crimes involving all digital and electronic works (including Internet, CDs, DVDs, etc) www.fbi.gov/ipr
2. Financial Institution Fraud Unit - All other intellectual property crimes
There are three ways a complaint made be filed:
- Complainants may contact their local FBI field office, and the complaint will be properly referred.
- A complaint may be filed online at the Internet Crime Complaint Center www.ic3.gov and, again, it will be properly routed.
- Suspected criminal activity of any nature may be reported online at tips.fbi.gov and will be routed accordingly.
Further, there are industry-specific organizations that monitor and prosecute copyright violations. Lists of copyright industry organizations and authors organizations are readily available on numerous sites on the Internet.
Finally, online service providers must comply with certain conditions if they wish to take advantage of certain limitations of liability when a user publishes infringing content on their systems. One of these obligations is the designation of an agent for notification of claimed infringement. To qualify for certain limitations on liability, online service providers must, among other things, provide contact information to the Copyright Office and through the service provider's publicly accessible website on “designated agents” who will receive notices of alleged infringement. The Copyright Office website includes a directory of agents for notification that lists “designated agents” for online service providers recorded with the Copyright Office. For general information on this provision of the law, see section 512. Also, see a summary of this provision of the law.