If you have poured time, talent, and energy into creating something original, you deserve to control how it is used. That is the promise of copyright law. Your creative work is yours.
But what happens when someone takes your work without asking? In these cases, copyright prosecution is an option.
Protecting your creative works is your right. And when someone unlawfully uses them, you can fight back. Understanding copyright prosecution is important. Here is what you need to know about protecting your creative works.
Copyright and the Law
Copyright offers legal protection for original works of authorship that are fixed in a tangible form. The moment your work is created and recorded, it is protected under copyright law.
Copyright gives you the exclusive right to:
- Reproduce the work
- Create derivative works based on it
- Distribute it to others
- Perform or display it publicly
And if someone else tries to do those things without your permission? That is copyright infringement.
If you want to protect your work, consider registering it with the U.S. Copyright Office. While your job is technically protected from the moment you create it, registration gives you stronger legal standing. This allows you to:
- Sue in federal court
- Potentially recover statutory damages and legal fees
- Create a public record of your ownership
If you register within five years of publication, the law presumes your copyright is valid. This can make things a lot easier in court.
When Does Infringement Become a Legal Matter?
Today, content is shared, copied, and repurposed constantly. Sometimes, it is an innocent mistake. For example, someone might repost an image without realizing it is copyrighted.
But other times, those actions are deliberate, like a company selling merchandise with your artwork. If someone uses your work without permission and outside of what is considered “fair use,” you may have grounds to take legal action.
This is where copyright prosecution comes into play. With that, you can enforce your rights in regard to your creations.
Enforcing Your Rights
Most copyright enforcement happens through civil litigation. If someone uses your work without permission, you can take them to federal court and hold them accountable. This is called civil copyright prosecution. It is a primary tool creators use to protect their intellectual property.
Through a civil lawsuit, you can request:
- An injunction to stop the infringing use
- Monetary damages for lost income and any profits the infringer made
- Statutory damages up to $150,000 per work if the infringement was willful
- Attorney’s fees and court costs
Civil action is the most effective way for individual artists, writers, musicians, and creators to enforce their rights. This does not require law enforcement involvement and gives you direct control over how the case proceeds.
While criminal prosecution is reserved for extreme cases like piracy rings, civil prosecution is your everyday defense. You have the right to defend your work, set boundaries, and demonstrate the value of your creativity.
What Happens If You Need to Enforce Your Rights?
If someone is using your content without permission, what should you do? Here are a few tips:
- Document the infringement: You will want screenshots, URLs, or copies of the unauthorized use.
- Contact the infringer: Sometimes, a cease-and-desist letter or DMCA takedown request can resolve things without going to court.
- Consider legal action: If the infringement continues or causes harm, you may want to file a lawsuit.
- Work with an attorney: Intellectual property law can be complex, and having legal guidance ensures you’re taking the right steps.
The copyright prosecution process can be lengthy. However, protecting what you have built is worth it, especially if your creative work is central to your income or brand.
Find the Help You Need to Protect Your Works
You invest passion, skill, and countless hours into your work, and the law helps you protect it. Copyright prosecution is a tool available to every creator who wants to defend their creations.
At Iconic, Inc., we know that you have built an entire career around your creativity and that you have the right to enforce your copyright. Schedule a consultation to see how we can assist you.