Disputes in respect of copyright infringement can arise when rights holders (usually the artist) believes someone else has copied their works.
This articles sets out an overview of the copyright infringement process:
1. Identification
This is where the copyright owner, often a composer, songwriter or publisher identifies that their copyright works have been used by another individual or business without their prior consent. Infringement of such works can be carried out in a number of ways which include, but are not limited to use of copyrighted works for mixing songs and copy lyrics. Identification of the infringement can be through personal discovery, tips from others or in some instances, the use of automated content detection software.
2. Cease and desist
Once the rights holder identifies the infringement, they will usually instruct a Solicitor or legal professional to send a cease and desist letter to the alleged infringer. The purpose of this letter is to put the recipient on notice of the copyright owner’s rights and demands infringing use ceases. This letter will often seek compensation and/ or damages from the alleged infringer for the unauthorised use of works. A cease and desist letter is usually the initial step that is undertaken by the rights holder. Much of the next steps the rights holder intends to take will be dependant on the alleged infringers response.
If the alleged infringer responds to the cease and desist letter, negotiations may begin. Parties may try to reach a settlement through discussions, which can involve taking down the infringing content, paying licensing fees or damages, or other agreed-upon terms.
3. Court proceedings
In the instance negotiations fail and the rights holder wishes to pursue the matter, they could at this point file a claim for copyright infringement against the infringer. It is important to note that prior to filing a claim, it should first be established whether the rights holder has a good case against the alleged infringer and whether the infringer may have potential defences such as fair use or sampling.
Given the complexities of music copyright law, we strongly recommend that parties seek advice from a legal expert prior to carrying out the above steps.
If you have any questions in relation to this article, or believe your works may have been infringed, contact Lawdit Solicitors today.
