How to Protect Your Website’s Code, Content and Design
In today’s hyper-competitive world of the internet, the last thing you need is someone stealing your website content and design. You’ve put a lot of time and effort into…
[SERVICE]Copyright litigation
Copyright infringement attorneys
When someone copies your software, photos, writing or designs, or says you copied theirs, we handle it from the first notice to federal court. Fees are quoted after a case review.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
[01]Who it's for
For businesses whose work is being copied.
Copyright protects original work the moment it is created, but enforcing it takes a registration, evidence and a plan. Most disputes are resolved before trial.
Your code or app was copied
Source code, an app or a website rebuilt from yours, by a competitor or a former contractor.
Your content is online without permission
Photos, video, articles or product images used on other sites, marketplaces and social media.
A takedown notice or demand letter
A DMCA notice against your content, or a demand for payment over an image or a work.
You have been sued
A copyright infringement claim in federal court or before the Copyright Claims Board.
[02]What's protected
What copyright protects, and what it doesn't.
Copyright protects original creative expression fixed in a tangible form, from code and text to photos, music and artwork. It does not protect the idea behind the work.
Copyright exists from the moment a work is created. Registration with the US Copyright Office is what lets you sue over a US work, and early registration decides what you can recover.
Protected by copyright
- Software codeSource and object code as written, plus screens and documentation.
- Writing and website contentArticles, marketing copy, manuals and course material.
- Photos, video and graphicsIncluding product photos and illustrations.
- Artwork and creative designsOriginal artwork, and the artistic features of a product that can stand apart from its function.
- Music and recordingsCompositions and sound recordings, each its own copyright.
Not protected by copyright
- Ideas, methods and systemsHow software works is patent territory, not copyright.
- Facts and raw dataThough an original selection or arrangement of them can be protected.
- Names, titles and slogansBrand names and short phrases are protected by trademark, if at all.
- Work that isn't originalCopies of public domain material, or work with no creative contribution.
[03]The claim
What you must prove in a copyright infringement case.
Two things. That you own a valid copyright, and that the other side copied protected expression from it.
- Ownership of a valid copyright. A registration made before or within five years of first publication is evidence the copyright is valid.
- Copying of protected expression. Usually shown by access to your work plus substantial similarity between the two, judged on the protected expression, not the shared ideas.
The exclusive rights
A copyright owner controls five things, and doing any of them without permission can infringe. Reproducing the work, preparing derivative works based on it, distributing copies, performing it publicly and displaying it publicly. Sound recordings add digital audio transmission.
Who owns it
Work an employee creates in the job belongs to the employer. Work a contractor or agency creates, such as a logo, code or marketing content, usually belongs to the contractor unless a signed agreement assigns it. Check ownership before a dispute, because only the owner, or an exclusive licensee, can sue.
[04]Registration
Register before you sue, and register early.
For a US work, you cannot file an infringement lawsuit until the Copyright Office registers the copyright or refuses registration. Filing the application is not enough, the Supreme Court held in 2019. When you register also decides what you can recover.
| Registered in time | Registered late | |
|---|---|---|
| When | Before the infringement began, or within 3 months of first publication | After the infringement began |
| Can you sue | Yes | Yes, once registered |
| Actual damages and profits | Yes | Yes |
| Statutory damages | $750 to $30,000 per work, up to $150,000 if willful | Not available |
| Attorney fees | Can be awarded | Not available |
Statutory damages matter because actual losses from copying are often hard to prove. If a dispute is coming, the Copyright Office's special handling can speed up a registration for a fee.
[05]How we handle it
From takedown notice to trial.
We protect clients both by enforcing their copyrights and by defending infringement claims. Where we can, we resolve the dispute through cease and desist letters, licensing, negotiation, mediation or arbitration, which avoids the cost of a lawsuit. When those are not enough, we are prepared to take a case to trial in federal court, which is the only court that can hear a copyright infringement claim.
When your work is copied
- Document it. Screenshots, archives and dates showing the copying, before it disappears.
- Register the work. Expedited if a lawsuit is likely.
- Take it down. DMCA notices and platform complaints for online copies.
- Demand. A cease and desist letter, often with a license or settlement offer.
- Choose the forum. The Copyright Claims Board for smaller claims, or federal court.
Our team includes Andrew Rapacke, admitted in the Southern and Northern Districts of Florida and the Eastern District of Texas, and Phillip Horton, whose work includes IP litigation. See all our IP litigation services.
[06]If you are accused
Accused of copyright infringement?
Many copyright claims arrive as a demand letter for a photo or a piece of content used online. Don't ignore it and don't pay it on reflex. Check whether the work is registered, whether the sender owns it, and whether a defense applies.
Common defenses
- Fair use. Weighs the purpose of the use, the nature of the work, how much was used and the effect on the market for the original.
- Independent creation. You created it without copying, even if it looks similar.
- License. You had permission, in writing or implied by the deal.
- Not protected. What was taken is an idea, a fact, a short phrase or public domain material.
- First sale. Reselling a lawfully made copy you own is not infringement.
- Too late. Claims must be brought within three years after they accrue.
Take the content down while the claim is assessed, keep a record of where it came from, and don't admit liability in a reply.
[07]Remedies
What remedies are available for copyright infringement?
A court can stop the infringement and award money. What a court actually orders depends on the evidence and on when the work was registered, and no lawyer can promise a result.
- Injunction. An order to stop the copying.
- Actual damages and profits. Your losses, plus the infringer's profits from the copying not already counted.
- Statutory damages. Instead of actual damages, $750 to $30,000 per work, up to $150,000 for willful infringement and as little as $200 for innocent infringement, if the work was registered in time.
- Attorney fees and costs. At the court's discretion, again only for works registered in time.
- Impoundment. Infringing copies and the means of making them can be impounded and destroyed.
[08]Fees
Fees quoted after a case review.
Every copyright dispute is different, so there is no list price. We review the facts and the documents first, then quote the fee for the work in front of you before any of it begins.
Book A Free Strategy CallWhat sets the cost
- Whether a takedown, a letter or the Copyright Claims Board can resolve it, or it needs federal court
- Whether the work is registered, and when
- The number of works and infringers involved
- Experts on the technology, the market or damages, and the scope of discovery
Many disputes are settled with a demand letter or a negotiated agreement long before trial, and the quote reflects the stage you are at. Litigation is not covered by The RLG Guarantee.
[09]The process
From the first call to a resolution.
Most copyright disputes resolve before trial. Timing shown is typical, never a promised date.
Copyright disputeReview to resolution
- Day one01Day oneCase review callFree. The work, the copying and what you want to happen.
- First weeks02First weeksEvidence and registrationRecord the copying and register the work if needed.
- Early03EarlyTakedown or letterDMCA notices, platform complaints or a demand.
- If needed04If neededForumThe Copyright Claims Board or federal court, if needed.
- Months05MonthsDiscoveryDocuments, depositions and expert reports.
- 06ResolutionA license, a settlement or a decision.
[10]Faster options
DMCA takedowns and the Copyright Claims Board.
Not every copyright problem needs a federal lawsuit. Two faster tools handle most online infringement and smaller claims.
DMCA takedown notices
A takedown notice to the host or platform removes infringing content quickly, without a lawsuit. The poster can send a counter-notice, and the platform then restores the content in 10 to 14 business days unless you file suit. Anyone who knowingly misrepresents infringement in a notice, or a mistake in a counter-notice, can be liable for damages, so both deserve care.
The Copyright Claims Board
A voluntary small-claims tribunal at the Copyright Office, created by the CASE Act. Total recovery is capped at $30,000 per proceeding, the process runs remotely and costs far less than federal court, and the other side can opt out, which sends the dispute back to court.
[11]Before you launch
Avoid a copyright dispute before you launch.
The cheapest dispute is the one that never starts. Before a launch, we review new or planned products, content and code for infringement risk.
- Infringement analysis. An opinion on whether a planned product, design or campaign is likely to infringe someone else's work.
- Ownership clean-up. Written assignments from contractors and agencies for code, logos and content.
- Open-source and licensed material. Checking that the licenses on code, images and fonts allow your use.
- Registration of your key works. So statutory damages and fees are available if you ever need to enforce.
More on protecting your website's code, content and design and software patents vs copyright.
[12]Questions
Questions about copyright litigation.
Found a copy of your work, or got a demand letter? Your first call is free and comes with a straight answer on where you stand.
Book A Free Strategy CallWhat is copyright infringement?
Doing something only the copyright owner may do, such as copying, distributing, adapting, publicly performing or publicly displaying a work, without permission and without a defense like fair use.
What does a copyright infringement attorney do?
Assesses whether there is infringement and what it is worth, registers works, sends takedown notices and demand letters, negotiates licenses and settlements, and brings or defends claims before the Copyright Claims Board and in federal court.
Do I have to register my copyright before suing?
For a US work, yes. You can file a lawsuit only after the Copyright Office registers the work or refuses registration. Registering before the infringement starts, or within three months of publication, also keeps statutory damages and attorney fees available.
How much can I recover for copyright infringement?
Your actual damages and the infringer's profits, or statutory damages of $750 to $30,000 per work, up to $150,000 if the infringement was willful. Statutory damages and attorney fees require timely registration. What a court awards depends on the evidence.
How long do I have to file a copyright lawsuit?
Three years after the claim accrues. Courts generally treat that as when you discovered, or should have discovered, the infringement, and a timely claim can recover damages for older infringement.
What is fair use?
A defense that allows some uses of a work without permission, such as commentary, criticism, news reporting, teaching and research. Courts weigh the purpose of the use, the nature of the work, how much was used and the effect on the market for the original. No fixed amount is automatically fair use.
I received a demand letter for a photo on my website. What should I do?
Take the photo down, keep a record of where it came from, and don't pay or admit anything yet. Check whether the sender owns the photo, whether it was registered and when, and whether you had a license. The answers often change what the claim is worth.
What is the Copyright Claims Board?
A voluntary small-claims tribunal at the US Copyright Office. Recovery is capped at $30,000 per proceeding, the process is remote and less expensive than federal court, and the other side can opt out.
How does a DMCA takedown notice work?
You send a notice to the website host or platform identifying the infringing material, and it removes the material. The poster can file a counter-notice, after which the platform restores it in 10 to 14 business days unless you file a lawsuit.
Is software protected by copyright?
Yes, the code as written is protected from the moment it is created. Copyright does not stop someone from writing different code that does the same thing, which is what a software patent can cover.
Can a state court hear a copyright case?
No. Copyright infringement claims can only be heard in federal court, or before the Copyright Claims Board.
How much does copyright litigation cost?
It depends on the forum, the number of works and infringers, and how far the case goes. A takedown or a letter costs far less than a lawsuit. We quote the fee after a case review and before any work begins.
[13]Learning Center
Go deeper on copyright.
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Software Patent vs Copyright: Choosing The Best Protection
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[14]Client reviews
What clients say about working with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“The Rapacke Group stands by their fees with no surprises.”
Lowell CrawfordClient review “I always felt confident that my intellectual property was in good hands.”
JakePatent · Client review “Making a complex process feel manageable and well-supported.”
Distress Bandanna, Inc.Client · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the work you created.
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