Regarding intellectual property rights as well as copyright infringement, it is unavoidably attached to legal matters. So, whether you are a copyright owner attempting to enforce your rights, or you are accused of infringing on the copyright rights of others, you need to be accompanied with copyright infringement lawyers or a law firm with adequate knowledge, competence, and experiences in this area.
Just like any valuable property, your intellectual property deserves proper protection. Especially in this digital era, in which your copyrighted assets can be stolen at the click of a mouse. It is highly recommended to secure a copyright registration, to avoid disputes regarding ownership and to stop the act of infringements by others.
Make sure to secure your intellectual property rights in accordance with the relevant laws in Indonesia. You may consult or ask for advocacy from a lawyer regarding the copyright protection, helping you through the step-by-step process and preparing the documents needed.
To Cease and Desist
The most common way to resolve an issue of copyright infringement is by sending a notice letter—called the “cease and desist” letter—asking the other party to take down or stop doing the violation. A cease and desist letter serves as an alert of potential consequences for the infringing party. You will need to take legal advice before sending this type of letter because you do not want to be alleged for a threat act that can create certain implications for you and your business.
In some cases, the speed of your responses to copyright infringement can be crucial, especially in this internet age where it takes just hours for stolen content to appear on file-sharing sites or in the search engines. So as soon as you feel suspicious of a copyright infringement action, it is better to contact your lawyer and ask for his/her advice.
If the infringer does not stop the infringement action even after receiving a cease and desist letter, then you may need to initiate litigation, it is a legal settlement of a copyright infringement dispute through the court process. This is a pretty big decision to make, so make sure to think very carefully and consider the likely impact of court proceedings such as the cost, the loss of time, and especially the risk of reputational damage. You should also prepare for the worst and be ready for a personal or business readjustments that may require if the litigation is unsuccessful.
A copyright infringement lawyer or legal team can be your guide throughout all this process. The copyright lawyer or legal team should constantly re-evaluate your risks and benefits of litigation, re-determining settlement and litigation strategies on an ongoing basis as new facts are discovered.
If You are Accused of Copyright Infringement
When you receive a notification from a copyright owner or his lawyer that you are infringing his copyright, do not panic. Take time to understand the claim, analyze, and evaluate your options. If they send you a cease and desist letter, review the content carefully.
Are you really using the copyrighted property without any permission? Is it truly the materials you are using that are claimed in the letter? Where do you get those materials, are they in the public domain? Have you licensed the materials or obtained authorization of these materials in the past?
After you gathered information regarding the validation of this claim against you, discuss this issue with your legal counsel. It is best to work with copyright infringement lawyers who have a lot of knowledge and experiences in intellectual property claims. Your lawyer might advise you to ignore the claim if it doesn’t seem valid, or to stop using the content if your use is, in fact, illegal, or to conduct negotiations with the copyright holder.
BP LAWYERS CAN HELP YOU: WE CAN ASSIST YOU IN PROVIDING THE BEST SOLUTION TO THE LEGAL PROBLEM OF YOUR BUSINESS OR YOUR COMPANY’S. YOU CAN CONTACT US VIA ASK@BPLAWYERS.CO.ID OR +62 821 1000 4741