Make Initial Contact

If possible, contact the person/company that has breached your copyright. Let them know they have infringed your copyright showing proof of your work, registered with Protect My Work.

This can be done in one of two ways.

The first option is send the reference number and password in the confirmation email you received when uploading your work, and ask them to view/verify your digital certificate at: https://www.protectmywork.com/search-protected-work.

The second method is to create a 30 day temporary link to your digital certificate so it can be viewed/verified without the need for a password. To do this, please go to My Protected Works, find your work and click the blue "SHARE" button:

We suggest an amicable tone initially in an attempt to resolve the situation without any further action. Feel free to use our template as a guide.

[Download Word Document]

There are situations where a copyright breach can occur and the infringing party was unaware, such as finding a photo on Google Images and has used it on their website.

In many cases, this is enough to stop continued use of your work.

Cease and Desist

If there is either no response or a negative response, we suggest sending a Cease and Desist Letter. Download our template and edit with your personal details.

[Download Word Document]

Contact Platform

If your work is uploaded to a site such as Amazon, Etsy or YouTube and there is still no response, the next step will be to file a complaint with the platform. Contact them and file a copyright infringement complaint. Gather your evidence to submit to the platform such as access to your digital certificate with Protect My Work.

IMPORTANT: When you file your complaint, BE SPECIFIC and describe exactly where, why and how you believe your copyright has been breached. A human will review your claim.  This person may have hundreds  of claims to deal with each day and will not research this for you. Make it very clear where your work has been copied, include screen shots and be as descriptive as possible.

Below is a list with links to the copyright infringement pages of the most popular platforms:

• Google (Removal of URL from search results) - https://support.google.com/legal/troubleshooter/1114905?hl=en-GB

  eBay - https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html#m17-1-tb2

• Amazon - https://www.amazon.com/report/infringement

• Etsy - https://www.etsy.com/legal/ip/report

• Facebook - https://www.facebook.com/help/contact/1758255661104383

• Instagram - https://help.instagram.com/contact/552695131608132

• TikTok: https://www.tiktok.com/legal/report/Copyright?lang=en

Shopify: https://help.shopify.com/en/legal/dmca#/login

Contact Their ISP Website Host

If your work is being infringed on a website, you will need to find the website ISP host to request they remove the site. Follow these instructions to find the host:

Go to https://www.who-hosts-this.com and paste in the domain name URL of the infringing website and click the DETECT HOST button. This will show their the ISP hosting company name. You can then look them up on a simple google search and contact them to request they remove the website material that is infringing your rights. Most hosting companies will have a specific form that you can use for this.

DMCA Takedown Notice

Once you have found the host, send a DMCA Takedown notice. Use our free DMCA Takedown template and edit with your personal details.

[Download Word Document]

Gather your evidence to submit to the platform such as access to your digital certificate with Protect My Work and include this in the takedown notice.

IMPORTANT: When you file your complaint, BE SPECIFIC and describe exactly where, why and how you believe your copyright has been breached. A human will review your claim.  This person may have hundreds  of claims to deal with each day and will not research this for you. Make it very clear where your work has been copied, include screen shots and be as descriptive as possible.

Officially speaking, a DMCA takedown notice is an American legislation so the work needs to be located or hosted in the United States in order to be subject to the DMCA.

However, in practice, many international service providers will take into account such takedown requests and remove the infringing content even if they are not legally obliged to do so. That is especially true if you, as the copyright holder, are located in the United States and the country in which the infringing website is hosted is a member of the World Intellectual Property Organization (WIPO).

Further Action

If all these steps fail, the last step would be to file a legal action against the infringing party.

UNITED KINGDOM INFRINGMENTS

In the UK, this can be done either through the Intellectual Property Office (IPO) or through the courts.

https://www.gov.uk/defend-your-intellectual-property/take-legal-action

The court you go to depends on the nature, complexity and value of your claim.

Use the Intellectual Property Enterprise Court (IPEC) small claims track if your claim is for less than £10,000 and for copyright infringement.

EU INFRINGMENTS

In the EU, this can be done through either the national court of the country or the European Small Claims procedure for claims up to EUR 5 000 for any EU country (except for Denmark). https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm

USA INFRINGMENTS

In the USA, this can be done through a federal court or The Copyright Claims Board (CCB) . The CCB is an efficient, streamlined way to resolve copyright disputes involving claims seeking damages of up to $30,000 and is designed to be less expensive and faster than bringing a case in a federal court. https://www.ccb.gov/access-a-claim/

Legal Disclaimer

If you choose to use any of our template documents or agreements, we recommend that you take the following steps to help ensure that the document is appropriate for your needs:

• Review the template carefully and make sure that it accurately reflects your understanding of the agreement or transaction.
• Customize the template to your specific circumstances, making sure to include all relevant information and deleting any provisions that are not applicable.
• Consider having the template reviewed by a qualified solicitor/lawyer before using it to ensure that it is appropriate for your needs.
• Keep in mind that template documents are not a substitute for legal advice, and that you may still need to consult with an attorney to ensure that your legal rights and obligations are fully protected.

Disclaimer: The use of legal documentss is an important aspect of conducting business, but please note that legal documents should be tailored to the specific needs and circumstances of each situation. The information contained within our template documents may not be suitable for every situation and should not be considered legal advice. It is recommended that individuals consult with a licensed attorney/lawyer/solicitor for assistance in drafting, reviewing, or modifying documents to ensure they are legally binding and fully protect the rights and obligations of all parties involved.

Please note that the use of our template documents is at your own risk. We do not accept any liability or responsibility for the use of our template documents, or for any errors or omissions that may be contained within them. It is your responsibility to ensure that any template document you use is appropriate for your needs and complies with all applicable laws and regulations. If you have any doubts or concerns about the use of our template documents, please seek advice from a qualified legal professional before proceeding.