Copyright protection grants creators the exclusive right to use, reproduce, and distribute their original works. When someone uses protected content without permission, the copyright holder has legal grounds to take action. For those in Florida, enforcing copyright requires careful legal steps, supported by knowledge of applicable federal statutes and relevant procedures.
Although copyright differs from trademark law, both areas often overlap, particularly when brands utilize creative content to establish their identity. It’s important to protect your work against copyright infringement. At Keough Law, PLLC in Orlando, Florida, we use our experience in trademark law to protect our clients.
Confirming Copyright Ownership and Registration
Before filing a claim, it's important to confirm that the content in question qualifies for protection and that the claimant holds valid rights. Under the Copyright Act, protection applies to original works fixed in a tangible medium. This includes written content, photographs, music, software, and visual art.
While registration with the U.S. Copyright Office isn't required for protection to begin, it's a prerequisite to bringing an infringement lawsuit. If the work hasn’t been registered yet, the copyright holder must do so before initiating legal action in federal court.
Identifying the Infringement
To move forward with enforcement, the copyright owner must identify the location and manner in which the infringement occurred. This usually involves comparing the original work to the allegedly infringing content and showing that substantial parts were copied.
Evidence matters. Courts typically require more than surface-level similarities. Factors such as access to the original work, the degree of similarity, and how the content is used will influence a court's view of the claim.
Documentation helps strengthen a case. It's useful to gather:
Screenshots or records of the unauthorized use
A copy of the original registered work
Timelines showing when each version was created or published
Copyright infringement sometimes occurs alongside trademark law violations. For instance, a business may use copyrighted design elements that are also part of a trademarked brand image. In such cases, a legal strategy may involve claims under both categories.
Sending a Cease-and-Desist Letter
Often, the first step in enforcement involves sending a cease-and-desist letter. This letter notifies the infringing party that they're using protected material without permission and requests that they stop.
A well-drafted letter typically includes:
A clear statement of ownership and registration
A description of the infringement
A demand to remove or stop using the content
A deadline for response
Many disputes end at this stage. Infringing parties may not have realized the material was protected or may choose to avoid litigation. However, if the letter goes unanswered or the infringement continues, the copyright holder can consider litigation.
Filing a Lawsuit in Federal Court
If the infringing party doesn’t comply with the cease-and-desist request, the next step may be to file a lawsuit. Copyright claims are brought in federal court under Title 17 of the U.S. Code.
To prevail, the plaintiff must show:
Ownership of a valid copyright
Copying of the original elements of the work
Harm resulting from the unauthorized use
Litigation may involve discovery, expert testimony, and hearings. Plaintiffs often need to explain how the infringement caused direct or indirect damages, such as lost revenue or damage to brand value.
Types of Damages Available
If the court rules in favor of the copyright holder, several types of damages may be available. These vary depending on the circumstances of the case and whether the work was registered before the infringement began.
Available remedies may include:
Actual damages: Compensation for the financial loss directly caused by the infringement
Profits: Recovery of profits the infringing party earned from using the work
Statutory damages: Set amounts ranging from $750 to $30,000 per work, and up to $150,000 for willful infringement
Injunctive relief: A court order requiring the infringer to stop using the work
Attorney’s fees and costs: Recoverable in some cases, especially if the infringement was willful
Statutory damages are only available if the work was registered before the infringement or within three months of publication. For this reason, many businesses register their work promptly, just as they would when protecting logos or slogans under trademark law.
Proving Willfulness and Intent
In some copyright infringement cases, the plaintiff may seek enhanced damages by showing the defendant acted willfully. This means the defendant knew the material was copyrighted and used it anyway.
Proving willfulness often requires specific evidence, such as:
Past warnings or communications
Removal of copyright notices
Evidence that the defendant works in a field where copyright awareness is expected
Willfulness can significantly increase damage awards. Courts are more likely to impose higher penalties when the conduct shows disregard for the law.
Preserving Evidence and Avoiding Retaliation
Preserving all relevant evidence is critical from the moment infringement is suspected. Deleting communications, modifying files, or altering websites may hurt the case or violate court rules.
Likewise, aggressive public responses or threats may backfire. It’s best to let legal counsel handle communications and legal filings, especially when tensions run high.
Businesses that protect both copyright and trademark law rights need to balance enforcement with strategy. Overreaching claims or inflammatory tactics can invite counterclaims or negative publicity.
Considering Alternative Dispute Resolution
Litigation isn't the only option. In some cases, arbitration or mediation may resolve disputes more quickly and at lower cost.
These options depend on whether both parties agree to participate. Arbitration can result in a binding decision, while mediation focuses on helping the parties reach a mutual resolution.
Alternative dispute resolution may be especially useful when infringement occurs between former partners, clients, or vendors. A negotiated solution might preserve business relationships while addressing legal concerns.
Addressing Infringement on Digital Platforms
Many copyright disputes today involve online content. When infringement appears on websites, social media platforms, or video-sharing sites, copyright holders can submit a takedown notice under the Digital Millennium Copyright Act (DMCA).
A proper DMCA notice must include:
Identification of the copyrighted work
The location of the infringing material
Contact information for the copyright holder
A statement made under penalty of perjury that the complaint is accurate
Digital platforms usually have clear procedures for filing and responding to these notices. If the material is removed and the alleged infringer files a counter-notice, the copyright holder must then file a lawsuit to prevent reinstatement.
Florida businesses that manage online content often use both DMCA procedures and trademark law claims to protect their material from online misuse.
Evaluating Public and Business Impact
Before filing a public lawsuit or making formal accusations, copyright holders should consider the potential business impact. Legal action often becomes part of the public record and may attract media attention.
The decision to pursue a claim should weigh:
The strength of the legal case
The financial value of the material
The importance of deterrence or setting a precedent
In some situations, filing a claim can signal that the business takes its rights seriously. In others, quiet resolution may better serve long-term goals. These considerations often mirror those made in trademark law disputes, where brand image and strategy affect every legal move.
Protecting Future Works
Taking enforcement action sends a message, but doesn’t end the responsibility to protect creative work. Businesses should consider proactive steps to guard against future infringement.
These may include:
Registering new works promptly
Including clear copyright notices
Monitoring online platforms for unauthorized use
Setting clear content terms in contracts and license agreements
Just as trademarks require ongoing attention, so do copyrighted materials. A steady approach to both areas helps businesses maintain control over how their content and branding are used.
Committed Copyright Counsel
Copyright enforcement allows creators and businesses to protect the value of their original work. At Keough Law, PLLC, our copyright law attorney serves clients in Orlando, Florida, as well as Orange County, Osceola County, Hillsborough County, and Pinellas County to help protect their work. Call us today to get started with your case.
