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BackgroundĬongress passed the Digital Millennium Copyright Act in 1996 to address copyright infringement on the internet. Calls from student media receiving automatically generated demand letters began to trickle in a couple of years ago, but it’s now a pretty consistent flow, which - given the “easy money” to be made - will almost certainly increase. Technology now allows these C&D letters to be automatically generated and sent out without human intervention. While it used to be fairly rare for student media to be the recipient of cease and desist notices, that is changing. However, whether or not the notice threatens legal action, these letters should not be ignored. Until an action is filed in court, these letters do not constitute a a lawsuit. Requests can range from tens to tens of thousands of dollars. Often, however, they also want compensation for the infringement. Sometimes the copyright holder simply wants the alleged infringer to stop using the copyrighted material. If someone receives a notice of copyright infringement (usually in the form of a so-called “cease and desist” letter), that doesn’t necessarily mean they are being sued.
In general, if you use someone else’s copyright-protected work without permission, that is copyright infringement.
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What is copyright infringement? Am I being sued?Ĭopyright protection gives the creator of a work the right to control how the work is copied, distributed, displayed, performed and whether new derivative works can be made.