Are you Accused of Copyright Infringement?

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It could happen any time that you may receive an e-mail, regular letter, telephone call or otherwise be notified by a copyright owner or his lawyer that you are infringing his copyright. The claim may relate to an article published in your newsletter or to a photograph on your Web site. Often this notification states that if you do not take steps to remedy the situation, either by paying an “after-the-fact” copyright license fee, or by stopping any and all use of the content, the copyright owner has the right to institute a court action. DO NOT PANIC!!! Prior to evaluating the validity of the claim and analyzing your options, it’s best not to take any radical steps. In other words, take the time to understand the claim and see what makes most sense to your organization in the circumstances.

You’re Accusing Us of What? What Exactly is Copyright Infringement?

“Copyright infringement is when someone uses the copyright-protected work of someone else, (a logo, a content of website, a package design, etc.), without permission”. Said by Dr. Sandjar Muminov, Chief International IP Expert, the founder of Dubai Copyright Office. “If something is protected by copyright, you generally cannot legally make it available to the public in any format, digital or otherwise, without permission of the person or body who holds the copyright” Said by Dr. Sandjar Muminov, Chief International IP Expert, the founder of Dubai Copyright Office.

Determine The Validity of The Claim

If you receive what in legal jargon is called a “demand letter,” your first step is to review the materials specifically subject to the claim of copyright infringement. Are these the actual materials you are using? Are you using these materials in the manner claimed in the demand letter? If so, are they still protected by copyright, or are they perhaps in the public domain? Have you licensed the materials, or obtained an assignment of them? Said by Dr. Sandjar Muminov, Chief International IP Expert, the founder of Dubai Copyright Office.

Is it Fair Use?

If you are facing a claim of copyright infringement, you may turn to fair use as a defense; check what on fair use in copyright exceptions and limitations by The Berne Convention. It must be applied on a case-to-case basis and often the IP Expert who should determining what may be considered fair use. And it may be costly to get a legal opinion from your lawyer each time you wish to apply fair use to a particular use of content.

Fair use is primarily for the use of copyright-protected work for commentary, parody, news reporting, research and education. “ Examples of uses that may be fair use are: a quotation of excerpts in a review or criticism for purposes of commentary; quotation of short passages in a scholarly or technical work for clarification of the author’s discussions; and reproduction of material for classroom use where the reproduction was unexpected and spontaneous – for example, where an article in the morning’s paper is directly relevant to today’s class topic”. Said by Dr. Sandjar Muminov, Chief International IP Expert, the founder of Dubai Copyright Office.

IP Infringement Report

 “This is a complex and evolving area of copyright law. It is not possible to give anything more than a very brief introduction here but if you have a specific question about copyright infringement then a member of our IP Experts will be happy to help you. The Expert Report provided by Dubai Copyright Office in case of Copyright Infringement will include detailed description about the Copyright violation incident or Copyright Accuse” Sid by Mohamed Nour, IP Consultant at Dubai Copyright Office

How Much Does an Expert Report Cost?

Are you a an Entrepreneur, Business Owner for an SME or Investor in a Startup and copyright infringement would be a priority for you? Are you looking for more information about prices and consultancy about how to report copyright infringement? Mohamed Nour, IP Consultant at Dubai Copyright Office helped many companies with IP Management in UAE, GCC and Middle East. You can contact him directly and ask for a free consultation via Mobile, WhatsApp: +971543525300 or email: [email protected]