Guides · Copyright Litigation
Responding to a Copyright Claim
A copyright claim usually arrives as a demand letter, a takedown notice, a Copyright Claims Board claim, or a lawsuit.
· Law checked through October 21, 2026
In Short
Each has its own clock. The first questions are the same: is the claimant's work registered, and when; did the business have a license; and is there a fair use or other defense. Preserve the material and records before taking anything down or changing it.
Common situations.
- A photo-licensing agency demands payment for an image found on a company blog.
- A platform removes a company's video after a takedown notice.
- A company receives notice of a claim filed against it at the Copyright Claims Board.
- A former developer sues, claiming the company's software copies code the developer wrote.
First steps.
| Step | What to do | Why it matters |
|---|---|---|
| Calendar the deadline | Note the response date in the letter, notice, or summons | Deadlines run from service, not from when someone reads the papers |
| Preserve | Save the material as it appeared, with dates, and suspend routine deletion | Changing or deleting it can look like spoliation (Fed. R. Civ. P. 37(e)) |
| Check the registration | Search the Copyright Office public records for the work and the registration's effective date | Without timely registration, there are no statutory damages or fees (17 U.S.C. § 412); without any registration, a U.S. work cannot be sued on (§ 411(a)) |
| Find the license | Stock-photo licenses, contracts with designers and developers, platform terms | A valid license is a complete defense to uses within its scope |
| Trace the source | Who created or obtained the material, and when | Supports independent creation, and dates the start of any infringement |
| Assess fair use | Purpose, nature of the work, amount used, market effect | A defense to infringement (§ 107). See Defenses in Copyright Cases |
| Check insurance | Review policies and give any required notice promptly | Some policies may respond to claims of this kind |
By type of claim.
Demand letter. Letters from photo-licensing agencies and their lawyers usually ask for a payment based on a licensing rate. Check whether the sender owns or exclusively licenses the image, whether the image is registered and when, and how long the image was used. Removing the image stops further use but does not erase past infringement. Do not concede liability before checking these points. See Before Filing: Demand Letters and DMCA Notices.
Takedown notice received by a platform. If the platform removed the material and the use was licensed or fair, the poster may send a counter-notice under penalty of perjury. The poster consents to jurisdiction in federal court (for a U.S. poster, the district where the poster's address is located) and to service from the complainant. The platform restores the material in 10 to 14 business days unless the complainant reports a lawsuit (17 U.S.C. § 512(g)). A knowingly false notice or counter-notice creates liability for damages (§ 512(f)).
Takedown notice received by a business that hosts user content. To keep the safe harbor, a service must have a designated agent registered with the Copyright Office, act expeditiously to remove material after a proper notice, and have a policy for terminating repeat infringers (17 U.S.C. § 512(c), (i)). The designated-agent registration must be renewed every three years (37 C.F.R. § 201.38).
Copyright Claims Board claim. A respondent has 60 days after service to opt out. Not opting out means the case proceeds before the Board, with no jury and with recovery capped at $30,000 (17 U.S.C. §§ 1504(e), 1506(i)). Opting out ends the Board proceeding, but the claimant may then sue in federal court. See The Copyright Claims Board.
Lawsuit. A defendant served in federal court generally must answer or move within 21 days after service (Fed. R. Civ. P. 12(a)). Early motions may raise lack of registration, personal jurisdiction, the statute of limitations, or the absence of protectable expression. See From Pleadings Through Trial.
Options.
| Option | When it fits |
|---|---|
| Pay or license | The claim is valid and the demand is reasonable |
| Negotiate | The claim has weaknesses, such as late registration, an unclear chain of title, or a short period of use |
| Counter-notice | Material was taken down and the use was licensed or fair |
| Opt out of the Copyright Claims Board | The respondent wants a federal court, a jury, or full discovery |
| Declaratory judgment | The respondent faces a real threat of suit and wants a ruling of noninfringement or invalidity |
| Defend | The use was licensed, fair, independently created, or time-barred |
Sources.
- 17 U.S.C. §§ 107, 411(a), 412, 512(c), (f), (g), (i), 1504(e), 1506(i).
- 37 C.F.R. § 201.38.
- Fed. R. Civ. P. 12(a), 37(e).
This guide is general information, not legal advice. Law checked through October 21, 2026. See the Disclaimer.