Updated October 26, 2026: added what to do first, the Copyright Claims Board, and answers to common questions.
When you find your work has been used without permission, it is frustrating and upsetting. But keep in mind that the Copyright Act provides a variety of tools and remedies that can help you set things right. If you handle it professionally, you may be able to get it stopped and get compensated, even if you never go to court. Make a record of the use, know your rights, and don’t be afraid to stand up for yourself.
When the use is on a website, there are often two separate but related steps you can take. RightsClick is designed to help you do both and to help you keep track of these actions in your already busy schedule. First, it is essential to understand the difference between the web platform hosting your work and the party who made improper use of your work—because they may not be the same.
For instance, when someone uploads infringing material to a site they don’t own or control (e.g., to YouTube) that person or business is the infringer, and the website is generally not liable. One action we recommend against is taking your complaint straight to social media to shout at the infringing party. Instead, as the copyright owner, you may wish to take both of the following steps:
- Send a DMCA takedown notice to the hosting web platform to request removal of your material.
- Consider legal action against the party who used and uploaded your material without permission.
What should you do first when someone infringes your copyright?
The first thing to do is document the use. If it’s online, take a screenshot and record the URL. If it’s offline, take some pictures and note the date, time, and location.
Next, you should evaluate the strength of your infringement claim. Not every unlicensed use is infringing. Copyright law has a variety of exceptions, including a flexible one called “fair use.” You can ask a lawyer to assess this for you, or use the RightsClick Infringement Assessment tool to get a sense of the strength of your claim in a couple of minutes.
Taking action in RightsClick begins with the Infringement Assessment in the Enforcement menu. The Infringement Assessment tool is a simple form you fill out in a few minutes that will guide you in evaluating the strength of your claim, as well as store important information you will need later. RightsClick will then generate an Assessment Summary and give you options to take immediate action, including sending a DMCA takedown notice; sending a preformatted cease and desist (C&D) letter to the infringer; or to initiate contact with an attorney—either one you already have, or one listed in RightsClick. See all of RightsClick’s enforcement tools.
You absolutely do not need to go to court to remedy an infringement. The overwhelming majority of copyright disputes never see the inside of a courtroom.
How does a DMCA takedown notice work?
A DMCA takedown notice only requests that the material be removed from the platform. The notice must contain certain information and truthful statements; it must come from a copyright owner or his/her lawful agent; it must be sent to the platform’s registered DMCA agent; and the platform provider is expected to comply with a valid notice. The Copyright Office keeps a DMCA Designated Agent Directory that lists who to contact for each site. The enforcement tools in RightsClick include a preformatted DMCA notice and simple tools to help you quickly send a notice to the correct registered agent. The information entered into the Infringement Assessment tool will automatically fill out the DMCA notice for you to send to the registered agent. Plus, a calendar item will be added to your To Do list reminding you to follow up—for instance, to confirm whether the platform complied with your request.
Keep in mind a takedown won’t get you compensation. Also, depending on the situation, sometimes the use is removed but the poster puts it back up later. This system is quick and relatively easy, but not always effective. And if the poster sends the site a counter-notice, the site may restore the material in 10 business days unless you file a lawsuit, which requires a registration.
What is a cease and desist letter?
You may also choose to contact the individual or business that made unlicensed use of your work to resolve the matter. Once you identify this party, and obtain at least a valid email for them, you can take certain steps yourself to try to resolve the matter quickly (and for free!) before deciding whether to contact an attorney.
Again, the information captured in the Infringement Assessment tool can be used to generate a pre-formatted C&D email sent by you to the party who made infringing use of your work. You can choose to demand only that the use stop; demand that the use stop and that the party pay you a fee of your choosing; or state that you will allow the use for a period of time for a fee of your choosing. All three of these options are available in the built-in C&D tool.
The C&D notice is stored in your Portfolio, associated with the specific Title. The notice is sent via your email, and you keep 100% of any payment by the party who made the unauthorized use. It’s your work and your money. That’s the philosophy on which we built RightsClick!
In building these enforcement tools, our theory was that if you can respond to, say, 10 infringers in the minutes between your real working hours, and if even just a few of those parties resolve the matter by paying you, the time spent will have been more than worth the minimal effort. Also, if you wish to contact an attorney—either right away or after failing to resolve the matter through C&D—you can research and make contact with attorneys in the list we provide and then send them the Assessment Summary to get the conversation started. You can also print or download the Summary to send to any attorney of your choosing.
Is a cease and desist the same as a DMCA notice?
No. A DMCA notice goes to the website or platform and asks them to remove the material. If the poster sends a counter-notice, the platform may put the material back up unless you file a lawsuit. A cease and desist goes to the person who used your work and can ask them to stop, pay, or both. This may prompt a negotiation, or lead to litigation if no agreement is reached.
Why does registration matter?
And, as we continue to preach from the rooftops, ALL your efforts to remedy infringements are made stronger when your work is registered with the U.S. Copyright Office. You are always in a stronger position if you registered your work prior to the start of the infringement (or, for a published work, within three months of first publication). If you registered in time, you are eligible for special remedies known as “statutory damages,” as well as the possibility of getting the other side to pay your attorneys’ fees if you do go to court. For more, see Why Copyright Registration Is Your Best Legal Defense.
Is it worth suing for copyright infringement?
If you don’t get a settlement and it isn’t worth going to federal district court, there is now a copyright small claims court, overseen by the U.S. Copyright Office, with proceedings held online, called the Copyright Claims Board or “CCB.” That is a lot less expensive and you can even do that without a lawyer, although the process is still a bit complicated. The amount you can win is lower, a maximum of $30,000 total for all the works that were infringed. Also, the defendant has the opportunity to opt-out, meaning they can refuse to have the case heard there. If they do, you will need to file in federal district court if you want to continue to pursue your claim.
Frequently Asked Questions
Usually, although some of the big internet platforms have made it more difficult to submit a DMCA notice than it should be. Keep in mind that DMCA notices don’t get you paid, and a counter-notice can bring the material back. Also, even if the material comes down, it could be re-posted by the same person or someone else.
Yes, but you may want to get some advice first to make sure it is written carefully and effectively. Depending on what you write, the recipient could have a basis to file a lawsuit against you to get a court to confirm their use was not infringing. That is known as a “declaratory judgment” action. If you use the RightsClick Infringement Assessment tool, you can also have RightsClick generate a cease and desist letter tailored to your situation based on a professionally-written template.
Copyright infringement cases must be filed in federal district court or, if you have a smaller value claim you could file with the Copyright Claims Board. You will almost always want a lawyer for a district court case and they can advise you about where you should file. This is an expensive and lengthy process. That is why statutory damages are so important. Without that option, many infringement cases aren’t worth the time and the infringers know that if you don’t have access to statutory damages, they can probably just ignore you.
A range of monetary damages pre-set in the law: $750–$30,000 per infringed work, up to $150,000 per work if the infringement was willful. You don’t have to prove your usual license fees; you just request statutory damages and the court picks from the range. They’re only available if you registered in time. See Why Copyright Registration Is Your Best Legal Defense.
