Infringement Actions

As in trademark actions, copyright owners typically send a cease and desist letter to the accused copyright infringer before initiating litigation for infringement. The cease and desist letter shown in Figure 6-1 can be modified easily for copyright violations. If the letter fails to bring about a resolution, the plaintiff can bring action in federal court if the copyright has been registered. If the Copyright Office refused registration, an action for infringement can still be brought if the plaintiff notifies the Copyright Office so it can participate in the action regarding the issue of registrability of the copyright. Only U.S. works are subject to the requirement of registration; works originating in most other nations ...

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