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?
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.