How to File a Lawsuit for Copyright Infringement
Instructions
1Register your copyright. As soon as you have reason to believe your copyright has been infringed, register your copyright if you have not already done so. Registration is required before a lawsuit for copyright infringement can be filed. Timely registration will also ensure that valuable remedies and litigation advantages are available if a lawsuit does occur.
2
Consider a cease-and-desist letter. Sending a cease-and-desist letter to the copyright infringer can notify the infringer that you claim the copyright and demand payment for any profits you lost and the infringer gained as a result of the infringement. The letter can also inform the infringer that you intend to start a lawsuit if the infringer refuses to cease and desist.
3
Consult an attorney. Copyright law can be complex. Consult with an experienced copyright attorney for advice and possible representation in your copyright infringement lawsuit. Your state or local bar association should be able to provide you with the name of an attorney that specializes in copyright law.
4
File a complaint in federal district court. Follow the federal rules of procedure to file your copyright infringement case in court. Your complaint will need to name the defendant and lay out the basis for your claim.
5
Ask for damages and injunctive relief. Be sure to request in your complaint damages equal to your lost profits plus all profits derived by the infringer from the copyrighted material as well as an injunction prohibiting any further infringement. You may also be entitled to statutory damages if your copyright was registered prior to the infringement.
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