If there is a breach of your copyright, it is important to act quickly to enforce your rights.
Here are our top 5 recommendations:-
1. Identify That Infringement Is Taking Place And Who Is Breaching It
Confirm that your original work has been copied, reproduced, distributed, or used without consent and that no licence or exception applies. Identify who is responsible.
2. Gather Evidence Of The Infringement
Save copies, take screenshots, and gather records showing where and how your work has been used and note the dates you discovered it.
3. Seek Legal Assistance
Seek legal assistance to assess your rights under the Copyright and Related Rights Act 2000 and advise on the most effective enforcement route.
4. Consider Your Options, Which Might Include:
• Sending a cease and desist letter
• Requesting takedown or removal from online platforms
• Seeking to resolve the matter by negotiation or alternative dispute resolution
• If unresolved, issuing and serving proceedings for copyright infringement and pursuing same through the courts – even seeking injunctive relief if necessary
5. If Resolved, Continue To Monitor The Market
Regularly check that your works are not being reused without authorisation and act promptly if new infringements arise.
Taking these steps promptly helps helps preserve the copyright in your works and deter further unauthorized use.
For more information please contact Niamh Gibney or James Tansey.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
