Texas IP Law

IP Topics

Copyright Litigation in Texas.

Copyright infringement suits are heard only in federal court. Small claims can also go to the Copyright Claims Board, a voluntary tribunal in the Copyright Office.

· Law checked through October 21, 2026

In Short

For a U.S. work, the owner generally must register the copyright, or be refused registration, before suing. When the work was registered decides whether statutory damages and attorney's fees are available. Suits must be filed within three years, and in the Fifth Circuit the clock starts when the owner knew or should have known of the infringement. Claims worth $30,000 or less can go to the Copyright Claims Board, but the other side may opt out.

Common situations.

  • A photograph is used on a company website without a license.
  • A former contractor claims to own software or website code the business paid for.
  • A platform removes content after a takedown notice, and the poster wants it restored.
  • A business receives a demand letter from a photo-licensing agency.

Where copyright disputes go.

Forum What it decides Notes
Federal district courtInfringement, removal of copyright management information, circumvention of access controls, and declaratory judgmentsExclusive jurisdiction over claims arising under the Copyright Act (28 U.S.C. § 1338(a)); appeals to the Fifth Circuit, or to the Federal Circuit if the case also includes a patent claim
Texas state courtContract and license disputes, and ownership disputes that turn on contract rather than the Copyright ActIncludes the Texas Business Court when more than $5 million is in controversy (Tex. Gov't Code § 25A.004(d)(4)); state claims equivalent to copyright are preempted (17 U.S.C. § 301)
Copyright Claims BoardInfringement, declarations of noninfringement, and misrepresentation in takedown noticesVoluntary; up to $30,000 per proceeding; respondent may opt out within 60 days (17 U.S.C. §§ 1504, 1506)
Notice and takedownRemoval of allegedly infringing material by an online serviceNot litigation; a counter-notice leads to restoration unless the owner sues (17 U.S.C. § 512(c), (g))
International Trade CommissionImports that infringe a registered copyrightExclusion orders (19 U.S.C. § 1337(a)(1)(B))
U.S. Customs and Border ProtectionSeizure of piratical imports of recorded copyrightsAdministrative, not litigation

The Process

How a copyright case unfolds.

  1. Registration.

    Confirm that the work is registered, or file an application, with special handling if suit is urgent.

  2. Demand or takedown notice.

    A letter to the user, or a notice to the online service hosting the material.

  3. Response.

    A license, a fair use position, a counter-notice, or a settlement.

  4. Filing.

    Suit in federal court, or a claim at the Copyright Claims Board.

  5. Discovery and summary judgment.

    Access, substantial similarity, ownership, and fair use. Fair use and substantial similarity can be decided on summary judgment when the material facts are not disputed.

  6. Trial.

    Either side may demand a jury, including on the amount of statutory damages (Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998)).

  7. Remedies and appeal.

    Damages and profits or statutory damages, an injunction, and fees in the court's discretion; appeal to the Fifth Circuit.

Recent developments.

  • Service providers and contributory liability. A provider is contributorily liable for its users' infringement only if it induced the infringement or offered a service tailored to infringement. Knowing that some users infringe, and continuing to serve them, is not enough (Cox Commc'ns, Inc. v. Sony Music Ent., 607 U.S. ___ (Mar. 25, 2026)). The Court reversed a $1 billion verdict.
  • AI training. In the first federal appellate decision on fair use for training an AI system, the Third Circuit held that copying Westlaw headnotes to train a competing, non-generative legal research tool was not fair use (Thomson Reuters Enter. Ctr. GmbH v. Ross Intelligence Inc. (3d Cir. Sept. 29, 2026)). The court distinguished cases involving generative AI.
  • Human authorship. The Supreme Court declined to review the D.C. Circuit's holding that a work generated entirely by an AI system, with no human author, cannot be registered (Thaler v. Perlmutter, 130 F.4th 1039 (D.C. Cir. 2025), cert. denied (U.S. Mar. 2, 2026)).
  • Termination reaches worldwide rights. The Fifth Circuit held that an author who terminates a pre-1978 grant under § 304(c) recaptures the worldwide rights the author originally granted, not only U.S. rights (Vetter v. Resnik, No. 25-30108 (5th Cir. Jan. 12, 2026)). On October 19, 2026, the Supreme Court, lacking a quorum, affirmed under 28 U.S.C. § 2109 (BMG Rights Mgmt. (US) LLC v. Vetter, No. 25-1391). The ruling binds federal courts in Texas, Louisiana, and Mississippi. District courts elsewhere have held that termination recaptures only U.S. rights.
  • Timing of claims. A plaintiff whose claim is timely may recover damages for infringement that occurred more than three years before suit (Warner Chappell Music, Inc. v. Nealy, 601 U.S. 366 (2024)). The Fifth Circuit applies the discovery rule to decide when a claim accrues (Martinelli v. Hearst Newspapers, L.L.C., No. 22-20333 (5th Cir. 2023)).
  • Proposed fee increases. On March 20, 2026, the Copyright Office proposed raising the standard application fee from $65 to $85, eliminating the $45 single application, and raising the special handling surcharge from $800 to $1,100. The current fees remain in 37 C.F.R. § 201.3 until the new schedule takes effect.

Guides in this section.

Part I. Rights that can be enforced

  • Ownership, Registration, and the Right to Sue

Part II. The claims

  • Proving Copyright Infringement

Part III. Proof and defenses

  • Defenses in Copyright Cases

Part IV. The process

  • Before Filing: Demand Letters and DMCA Notices
  • The Copyright Claims Board
  • Where Copyright Cases Are Heard
  • From Pleadings Through Trial
  • Copyright Remedies
  • Appeals in Copyright Cases
  • Software, Website, and Digital Content Disputes

Quick references.

Sources.

  • 17 U.S.C. §§ 301, 304(c), 411(a), 412, 504, 505, 507(b), 512, 1504, 1506.
  • 19 U.S.C. § 1337(a)(1)(B).
  • 28 U.S.C. §§ 1338(a), 2109.
  • 37 C.F.R. § 201.3.
  • Tex. Gov't Code § 25A.004(d)(4).
  • Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998).
  • Cox Commc'ns, Inc. v. Sony Music Ent., 607 U.S. ___ (Mar. 25, 2026).
  • Thomson Reuters Enter. Ctr. GmbH v. Ross Intelligence Inc. (3d Cir. Sept. 29, 2026).
  • Thaler v. Perlmutter, 130 F.4th 1039 (D.C. Cir. 2025), cert. denied (U.S. Mar. 2, 2026).
  • Vetter v. Resnik, No. 25-30108 (5th Cir. Jan. 12, 2026), aff'd for lack of quorum sub nom. BMG Rights Mgmt. (US) LLC v. Vetter, No. 25-1391 (U.S. Oct. 19, 2026).
  • Warner Chappell Music, Inc. v. Nealy, 601 U.S. 366 (2024).
  • Martinelli v. Hearst Newspapers, L.L.C., No. 22-20333 (5th Cir. 2023).
  • Copyright Office, Notice of Proposed Rulemaking, Copyright Office Fees (Mar. 20, 2026).

Related reading.