Mistakes to Avoid When Sending a Copyright Infringement Letter in NZ

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Table of Contents

• Copyright
• What Is a Copyright Infringement Letter?
• Mistakes to Avoid
• Key Takeaways
• Frequently Asked Questions

If somebody has infringed your copyright, then you may need to send a copyright infringement letter. Infringement is when somebody uses your original copyrighted work without your permission or if somebody is misusing your work. Sending a letter of infringement is a way for you to let the infringer know that they have done wrong and that you will be taking action. This article will take you through what to include in your copyright infringement letter and some common mistakes that copyright owners make.

Copyright

If you have created original work, copyright may automatically protect it. Copyright protects work that falls under these categories:

• literary, dramatic, musical and artistic works; 
• the typographical layout of published editions; 
• sound recordings; 
• films; and 
• communication works. 

Copyright creators are usually the copyright owners, but there are some circumstances where an employer can be the copyright owner. Additionally, copyright can be licenced or assigned to another person. Regardless of who the copyright owner is, copyright protection includes:

• protected use of their copyrighted material;
• the right to decide who else can use their material; and
• legal protection.

What Is a Copyright Infringement Letter?

A copyright infringement letter is often a step before you initiate legal action. So, you must be sure of the details of the infringement and the details of the perpetrator. You may find it hard to determine who infringed on your rights and who the letter should be sent to, especially if it was online.

The severity of copyright infringement often depends on how much of your material the other party used. You should also consider whether the use of your work was under any copyright exceptions. There are copyright exceptions for librarians, educators and archivists. Copyright exceptions also include:

• research or private study;
• criticism;
• review; or
• news reporting.

Any use under these permitted acts must classify as fair dealing. The exact nature of this will depend on the context of the use but will consider factors such as your purpose and the amount you copied.

Mistakes to Avoid

These are some common mistakes made when it comes to the content of your copyright infringement letter. 

You Should Include:

You Should Avoid Including:

Key Takeaways

You should assert your rights as a copyright owner if you think that someone else has infringed them. There are common mistakes that copyright owners make when sending an infringement letter. You should be sure to include the essential things that you want to get across. Additionally, make sure you leave out the emotions to keep your letter professional. If you need further assistance with your intellectual property, contact LegalVision’s experienced IP lawyers on 0800 005 570 or fill out the form on this page.

Frequently Asked Questions