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How to write your Copyright Infringement Worksheet

We include this 2 page template with IT/Software/Hardware Contract Pack and the Proposal Kit Professional. You will get more content and software automation for data merging, managing client documents, and creating proposals with line item quoting with a Contract Pack or the Professional.

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The Copyright Infringement Worksheet is used to help you gather all of the relevant information about a copyright infringement so you can provide the material to your intellectual property attorney. Fill out this worksheet before contacting the infringing party to help ensure you have answered important questions for yourself first.
Document Length: 2 Pages
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1. Get IT/Software/Hardware Contract Pack or the single template that includes this business contract document.

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Copyright Infringement Worksheet

Writing the Copyright Infringement Worksheet document

Use this worksheet to gather information for putting together your copyright infringement case. Typically, you are not going to go through this much work for a copyright infringement case unless it is commercial in nature and you have protected your works with US Copyright Office registrations. This worksheet will allow you to create a detailed description of the infringement that you can turn over to your lawyer to draft your response and explain your potential case.

Since most copyright infringements are settled out of court a detailed response can improve your chances for a settlement in your favor. This is not legal advice - consult your attorney for legal advice on how to pursue your case.

Name of Company:

Insert name of company caught infringing.

Infringing Company Contact Information:

Insert contact details for the infringing company such as physical address, phone number, email addresses, web site URL, etc. Insert description of the infringement, such as how it was discovered. Insert a timeline of the infringement, such as when it was discovered and any research that can pinpoint specific events related to the infringement, such as timestamps on files.

Also include any dates for the creation of the works as well as dates of copyright registrations.

Description of Infringing Works:

Insert a description and examples of the work that is infringing on yours. Include screenshots, URLs, references to printed materials, etc.

Description of Infringed Works:

Insert a description and examples of the original work that was infringed. Include screenshots, URLs, references to printed materials, etc.

Comparison of Infringement:

Insert a comparison of the infringing works and the infringed works and describe how much was infringed.

Extent of Infringement:

Insert a description of how extensive the infringement is (or could be), such as number of copies distributed or amount of web site traffic that has used the infringing works.

How the Infringement Occurred:

Insert a description of how you believe the work was infringed and how many ways it could have been infringed.

Nature of Infringement:

Insert a description of the nature of the infringement, such as being used commercially or non-commercially.

Extent of Damages:

Insert a description of the financial losses that can be attributed to this infringement, such as loss of sales if the work had been purchased from you. If the infringement is commercial in nature, describe the sales revenue the infringer could have made from the infringed work that you are entitled to.

Protections of Infringed Work:

Insert a description of how you have protected this work (or not). If you have submitted the work to the US Copyright Office and have obtained registered copyrights, list the copyright registration numbers and registration dates.

Analysis of the Infringement:

Insert your analysis of the infringement, such as how you proved the infringement. Since most copyright infringement has a digital trail, has your analysis pointed to any proof of willful infringement (such as another person's name tagged in a document's properties)? Does your analysis show any digital fingerprints, such as identical styling, font types, unique formatting, identical color palettes, etc., that shows it was directly copied?

What's Been Done:

Insert a description of any actions you have taken so far, such as communications you have had with the infringing party or with parties that have any connection to the infringement (such as a web site hosting company hosting the infringing material).

Retrieval of Proof:

Insert a description of how you have maintained copies of the infringement so that it can still be proven if the situation changes, such as the infringing work being discovered online. Have you downloaded copies of the infringement in case it is hidden from view?

Our Demands:

Insert a list of your demands from the infringer. These may include removal of the infringing works, payment for use of the material and legal fees, identification of any other infringements not yet known about, agreement to not copy material from you in the future, etc.

If Demands Not Met:

Insert a description of what you will do if the demands are not met or a compromise is not reached. Actions might include filing a lawsuit, submitting a DMCA takedown request to a web site hosting company and search engines, etc.

The complete Copyright Infringement Worksheet - with the actual formatting and layout - is available as a single template or as part of a library of related templates in a Contract Pack or the Professional Bundle.
Copyright Infringement Worksheet

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Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

Related Documents

Key Takeaways

  • The Copyright Infringement Worksheet is available as a ready-to-edit template.
  • The Contract Packs and Professional Bundle include many related agreements and documents.
  • You can automate financials and data merging into contracts using a Contract Pack or Professional Bundle.
  • You can also create business proposals and integrate your contracts using the Professional Bundle.
  • There are no ongoing subscription fees. You get lifetime unlimited use.

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Frequently Asked Questions

How do I customize this contract to fit my business needs?

Customizing this contract involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.

Is this contract compliant with laws and regulations?

The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.

Can I use the same contract for different clients or projects?

You can use the same contract for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.

What should I do if I encounter a clause or term I don't understand?

If you encounter a clause or term in the contract that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.

How do I ensure that the contract is legally binding and enforceable?

To ensure that the contract is legally binding and enforceable, follow these steps:

  • Complete all relevant sections: Make sure all blanks are filled in with accurate information.
  • Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
  • Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
  • Consult a legal professional: Before finalizing the contract, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.

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