How to Combat a Copyright Dispute with Another Company
For a business owner or an individual, being accused of infringing on a copyright is one of the scarier experiences possible. Most times, you will receive a formal and intimidating letter from someone else’s lawyer ordering you to “cease and desist” whatever it is that they feel infringes on their copyright. The letter will often warn about the dire consequences that you will face if you continue with whatever course of conduct about which they are complaining. However, this does not mean that you must comply with whatever the other party says just because they say it. Education and consultation is the key to figuring out the right course of action in a copyright dispute.
Take a Deep Breath
The absolute first thing that you must do when you receive notice of a copyright dispute is not to panic. A cease-and-desist letter is merely someone else’s opinion that you have violated their copyright. It is not a decision from a court of law that you actually have violated a copyright. Some of these letters are merely attempts to intimidate and scare you. Some business keep expensive lawyers on retainer to use these letters as an offensive tactic. In any event, a letter is not equivalent to a finding of guilt.
Do your own Brief Research
Many people are not familiar with copyright laws. It is an area of the law that a select few know well. Oftentimes, the other party is trying to take advantage of that fact and their superior knowledge to cow you into submission. It is essential that you gain some sort of background knowledge about copyrights to have an idea how to approach these disputes. By doing some quick initial research, you may get an idea if there is something to the claim, or the other side is blowing the proverbial smoke. In other words, by knowing a little about copyrights, you can get a sense if the claim against you is actually valid. If you are an individual, it may be better to briefly stop the disputed conduct until you have a better handle on the situation. Obviously, businesses do not have the same ability to simply stop. Nevertheless, some degree of caution should be used while the dispute is pending.
Keep an Open Mind
Anyone’s first instinct when they accused of something is to dig in and deny that they have done anything wrong. A copyright dispute is in part an accusation of wrongdoing. However, the consequences of copyright infringement can be significant. This could include financial ruin for you and your business. It is imperative that you are open to seeing the potential that the other side may have a point. Ego can be an expensive thing in business and failing to stop conduct that actually does violate a law will compound the difficulties that you will face. Realizing that you have made a mistake can save you headache and expense down the road. Therefore, it is a vital step in the battle to consider whether or not having a battle is the right thing.
Talk to a Lawyer
This is perhaps the most important thing that you can do in a copyright dispute. Once you have enough background knowledge to know the right questions to ask, talking to a professional is a vital step in the process. An intellectual property lawyer likely has deep experience in copyright law and can give you an objective and independent opinion as to the merits of your side of the dispute. It is important that, given the stakes of copyright disputes, you not attempt to go it alone. The other side may have “lawyered up” already, and that will place you at a distinct disadvantage. Many attorneys will offer either a free or discounted initial consultation. This should give you a good initial readout on the merits of your side of the dispute. In general, you should weigh the costs of proceeding without an attorney against the potential attorney’s fees in the dispute.
