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 deadlineNote the response date in the letter, notice, or summonsDeadlines run from service, not from when someone reads the papers
PreserveSave the material as it appeared, with dates, and suspend routine deletionChanging or deleting it can look like spoliation (Fed. R. Civ. P. 37(e))
Check the registrationSearch the Copyright Office public records for the work and the registration's effective dateWithout 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 licenseStock-photo licenses, contracts with designers and developers, platform termsA valid license is a complete defense to uses within its scope
Trace the sourceWho created or obtained the material, and whenSupports independent creation, and dates the start of any infringement
Assess fair usePurpose, nature of the work, amount used, market effectA defense to infringement (§ 107). See Defenses in Copyright Cases
Check insuranceReview policies and give any required notice promptlySome 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 licenseThe claim is valid and the demand is reasonable
NegotiateThe claim has weaknesses, such as late registration, an unclear chain of title, or a short period of use
Counter-noticeMaterial was taken down and the use was licensed or fair
Opt out of the Copyright Claims BoardThe respondent wants a federal court, a jury, or full discovery
Declaratory judgmentThe respondent faces a real threat of suit and wants a ruling of noninfringement or invalidity
DefendThe 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.