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If someone steals your photos, copies your texts, or imitates your website, you can take action against that copyright infringement. Start by gathering evidence and sending a cease and desist letter; if that does not help, you can demand removal, an injunction, and damages, if necessary through the courts.
When does an infringement occur?
Your photos, texts, designs, and website are protected by copyright if they have a unique, original character. If someone else copies them without permission—either literally or in a slightly modified form—they commit infringement. Copying a distinctive website can also constitute infringement.
Step 1: Document evidence
Document the infringement before taking action: take screenshots with the date, save the URLs, and record that the work is yours and since when. Good evidence is crucial if legal proceedings are initiated, as an infringement can be removed quickly.
Step 2: summation and takedown
Send the infringer a cease and desist letter demanding removal and pointing out the infringement. If they do not respond, you can send a substantiated removal request (notice-and-takedown) to the hosting company or platform. Often, this is sufficient to stop the infringement.
Step 3: injunction and compensation
If the infringement persists, you can seek an injunction with a penalty payment, removal, and damages or disgorgement of profits through the court. Under certain conditions, you can also claim full legal costs. Seek advice in this regard, as the approach requires careful attention.
Frequently Asked Questions
What do I do if someone steals my photos or texts?
First gather evidence, then send a cease and desist letter and, if necessary, a takedown request. If that does not help, you can go to court.
Can I claim compensation?
Yes, in the event of infringement, you can claim damages or disgorgement of profits, in addition to an injunction and removal.
Why record evidence first?
Because an infringement can be removed quickly. With screenshots, URLs, and the date, you are in a strong position in any potential proceedings.
Taking action against a copycat?
Our legal experts and lawyers draft cease and desist letters and take action against infringement. View our copyrightor IP lawteam, or schedule a free consultation.
