Principal Attorney
Few things feel more frustrating than seeing your own words, images, or designs reposted without permission. Whether your content was copied onto another website, shared on social media, or used in a commercial project, online theft can damage your reputation and income. Knowing how to identify infringement, preserve evidence, and take swift action can help you protect your creative rights and stop the misuse before it spreads.
Recognizing Online Copyright Infringement
Copyright law protects original works the moment they are created, even without formal registration. Online infringement occurs when someone uses your content without permission for financial gain, marketing, or other unauthorized purposes. Common examples include:
- Reposting your images or videos without credit
- Copying entire blog posts or web content
- Using your logo or product design on another site
- Selling your artwork or software without consent
Before taking action, confirm that the content is truly infringing, since some uses may qualify as “fair use,” such as commentary, parody, or education.
First Steps: Gather Proof and Assess the Damage
The first step after spotting infringement is documentation. Save URLs, screenshots, and timestamps showing the unauthorized use. If possible, record evidence of commercial gain (such as ads or sales) connected to your work.
You should also:
- Verify ownership records, such as registration certificates or creation timestamps
- Identify whether the infringer is a business, individual, or anonymous account
- Avoid public accusations, which can complicate legal proceedings
Once you have solid proof, you can decide whether to send a formal takedown notice or escalate to legal action.
Using the DMCA Takedown Process
The Digital Millennium Copyright Act (DMCA) offers a practical first line of defense. Under the DMCA, you can request that the hosting platform, search engine, or social media site remove the infringing material.
A DMCA takedown notice should include:
- Identification of the copyrighted work
- The location (URL) of the infringing content
- Your contact information
- A statement affirming your good-faith belief that use is unauthorized
Major platforms like YouTube, Instagram, and Shopify have dedicated forms to simplify the process. If successful, the content is typically removed within days.
When to Consider Legal Action
If the infringement continues or has caused significant financial harm, legal remedies may be necessary. Copyright owners can file suit in federal court, and registered works may qualify for statutory damages and attorneys’ fees.
We often recommend legal action when:
- The infringer refuses to comply with takedown requests
- Your original work generates income that’s being diverted
- The use damages your brand or business reputation
Legal claims can also deter future violations and set a precedent for protecting your rights.
How to Prevent Future Infringement
While you can’t prevent all unauthorized use, you can make infringement harder or less rewarding by:
- Registering your work with the U.S. Copyright Office
- Adding visible watermarks or digital signatures
- Using copyright management tools like Google Alerts or reverse image searches
- Including clear copyright notices and terms of use on your website
Regular monitoring helps you respond quickly before a problem escalates.
Protecting Your Work Starts with Action
Online copyright infringement can spread quickly, but with the right steps, you can reclaim control and stop unauthorized use. We’ll help you assess your options, issue takedown notices, and enforce your rights if necessary.
Contact Sul Lee Law Firm today to discuss how we can protect your creative work and hold infringers accountable.
FAQ: Online Copyright Infringement
Do I need to register my copyright before taking action?
No, copyright protection exists automatically when you create an original work. However, registration with the U.S. Copyright Office is required before filing a lawsuit and can strengthen your claim.
What if the person who stole my work is outside the U.S.?
International infringement is complex but still actionable. You can start by sending a DMCA notice to hosting platforms or contacting an attorney to explore cross-border enforcement options.
Can social media posts be protected by copyright?
Yes. Photos, captions, and other creative posts on social platforms are protected as original works. If someone reposts your content without permission, you can submit a DMCA takedown request.