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How to Report Copyright Infringement?

Author : Donghoo Sohn, Esq.



Copyright infringement occurs when someone uses protected creative work without authorization from the copyright holder. Understanding how to report copyright infringement is essential for protecting your intellectual property rights. New York law, along with federal copyright statutes, provides multiple avenues for reporting and addressing unauthorized use of your creative works. This guide explains the process of reporting copyright infringement, the legal frameworks involved, and the steps you can take to protect your rights.

Contents


1. Report Copyright Infringement in New York : Understanding Your Rights


When you discover that someone has used your creative work without permission, you have several options for addressing the violation. The process of how to report copyright infringement depends on where the infringement occurred and the nature of the unauthorized use. Federal copyright law, codified in Title 17 of the United States Code, provides the primary legal framework for copyright protection. You can report copyright infringement to the copyright office, the platform where the infringement occurred, or pursue legal action through the courts.



Federal Copyright Protection Framework


Copyright protection in the United States is governed by federal law rather than state law. The Copyright Act, found in 17 U.S.C. § 101 et seq., grants copyright owners exclusive rights to reproduce, distribute, and publicly display their works. When you report copyright infringement, you are invoking these federal protections. The United States Copyright Office maintains a registration system that strengthens your legal position when addressing unauthorized use. Federal courts have jurisdiction over copyright disputes, and damages can include actual damages, profits, or statutory damages up to $150,000 per work for willful infringement.



Identifying Infringing Activity


Before you report copyright infringement, you must identify what constitutes actual infringement. Unauthorized reproduction, distribution, public display, or performance of your copyrighted work constitutes infringement. Common examples include unauthorized streaming, downloading, reproduction in physical or digital form, and public performance without a license. Fair use, which permits limited use for criticism, commentary, or education, is not infringement. Understanding whether the use qualifies as infringement helps you determine the appropriate reporting mechanism and the strength of your claim.



2. Report Copyright Infringement in New York : Methods and Procedures


Multiple methods exist for reporting copyright infringement, each suited to different circumstances and platforms. You can file a Digital Millennium Copyright Act (DMCA) takedown notice, contact the infringing platform directly, file a complaint with the United States Copyright Office, or pursue litigation. The most effective method depends on where the infringement is occurring and the type of work involved. For online infringement, DMCA notices are often the fastest and most effective approach, while persistent or commercial infringement may require legal action.



DMCA Takedown Notice Process


The Digital Millennium Copyright Act provides a streamlined process for removing infringing content from online platforms. A DMCA takedown notice is a formal request sent to the platform hosting the infringing content, demanding removal. The notice must include specific information: identification of the copyrighted work, description of the infringing material, your contact information, a statement under penalty of perjury that you are the copyright owner or authorized representative, and a statement that the use is not authorized. Most platforms have established procedures for receiving and processing DMCA notices. Upon receiving a valid notice, platforms typically remove the content within ten business days. This method is particularly effective for addressing software copyright violations and other digital content infringement.



Platform Reporting Mechanisms


Most major online platforms, including social media sites, video hosting services, and e-commerce platforms, have built-in reporting mechanisms for copyright infringement. These mechanisms allow you to report copyright infringement directly through the platform's interface without sending a formal DMCA notice. Platforms review reported content and make determinations about whether removal is warranted. Response times vary by platform, but many respond within forty-eight hours. Platform reporting is useful for initial complaints and may be sufficient for addressing isolated instances of infringement. However, if the platform fails to respond or the infringement persists, you may need to escalate to a formal DMCA notice or legal action.



3. Report Copyright Infringement in New York : Legal Action and Enforcement


When informal reporting methods prove ineffective, legal action becomes necessary to protect your copyright. Filing a lawsuit in federal court allows you to seek injunctive relief, actual damages, profits, and statutory damages. The process requires demonstrating ownership of the copyright, validity of the registration, and proof of infringement. New York federal courts, including the United States District Court for the Southern District of New York and the Eastern District of New York, have jurisdiction over copyright cases. An experienced copyright attorney can help you navigate the litigation process and maximize your recovery.



Registration and Enforcement Requirements


While copyright exists from the moment a work is created, registering your copyright with the United States Copyright Office strengthens your legal position significantly. Registration creates a public record of your copyright claim and is necessary before filing an infringement lawsuit for works of United States origin. Registered copyrights are eligible for statutory damages and attorney's fees, which can substantially increase your recovery. The registration process involves submitting an application, paying a fee, and providing a copy of the work. Registration typically takes several months but is a crucial step before pursuing litigation. For AutoCAD copyright infringement and other technical works, registration ensures you have the strongest possible legal foundation for enforcement.



Remedies Available in Court


Federal courts can award several types of remedies when you report copyright infringement through litigation. Injunctive relief stops the infringing activity and prevents future violations. Actual damages compensate you for losses directly caused by the infringement, while profits represent the infringer's gains from the unauthorized use. Statutory damages, ranging from $750 to $30,000 per work, or up to $150,000 for willful infringement, provide predetermined compensation without requiring proof of actual harm. Attorney's fees and costs may also be recovered in successful cases. The availability and amount of each remedy depends on the specific circumstances of your case and whether the copyright was registered before infringement began.



4. Report Copyright Infringement in New York : Practical Considerations and Best Practices


Successfully addressing copyright infringement requires careful documentation and strategic decision-making. Maintaining records of when you created the work, evidence of registration, and documentation of the infringing use strengthens your position. Acting promptly when you discover infringement prevents further damage and demonstrates your commitment to protecting your rights. Understanding the differences between civil remedies and criminal prosecution helps you choose the appropriate response. Criminal copyright infringement, prosecuted by federal authorities, applies only to willful infringement for commercial advantage or private financial gain involving reproduction or distribution of at least ten copies with a value exceeding $2,500.



Documentation and Evidence Collection


Proper documentation is essential when you report copyright infringement. Screenshot or download copies of the infringing content, including URLs, dates, and any identifying information. Preserve metadata that shows the date of creation and modification. Document your efforts to contact the infringer or platform, including dates and responses. Maintain copies of all correspondence related to the infringement. This evidence supports your claims in DMCA notices, platform complaints, or litigation. Professional documentation also demonstrates to platforms and courts that you have taken reasonable steps to protect your rights and that the infringement is genuine and ongoing.



Timeline and Response Strategy


The timeline for addressing copyright infringement varies depending on the method you choose. DMCA notices typically result in content removal within ten business days. Platform reporting may take forty-eight hours to several weeks. Litigation can take months or years from filing to resolution. Developing a response strategy helps you prioritize your efforts and resources. For widespread infringement, you may need to send multiple DMCA notices or pursue litigation against multiple infringers. For isolated incidents, platform reporting or a single DMCA notice may suffice. Consulting with a copyright attorney helps you develop an effective strategy tailored to your specific situation and the nature of the infringement.


29 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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