How to Respond to Settlement Letters in Copyright Infringement Cases
Settlement letters are sent to individual Internet subscribers who are identified as having infringed copyrighted material. Also known as a letter of demand (LOD), the letter is usually made up of the infringer’s name, IP address, and all the details about the copyright infringement. First of all, getting a demand letter like a TCYK letter is more likely to mean that you broke the law and that copyright enforcers have evidence to show that you have infringed copyrighted content. Second, it is not advisable to simply ignore the letter, as this could lead to serious legal consequences. So when you get a demand letter, respond. In each case of illegal downloading, ask about the situation or what the letter means. If you ever find yourself as a “John Doe” defendant, here are some practical tips that can help you defend yourself in the lawsuit:
– Settlement amounts are usually negotiable. If you receive a TCYK letter or any settlement letter, you will likely be offered a settlement amount. The figure may change depending on your approach or how you try to trade. So it wouldn’t hurt to give it a try, especially if you really did.
– Among the copyrighted materials you can potentially pirate, porn is the most embarrassing and risky, so find a way to fix it quickly. Don’t waste your time delaying the case. It is best to make it disappear the moment it is presented to you.
– Don’t fight a citation. Doing so could only expose your identity. Copyright infringement is not something you can take for granted. You must protect your own identification and avoid a possible scandal that will not help you in any way in your life.
– Fighting a case could result in higher costs compared to each negotiated settlement. In addition to the hassle that can be expected in a lawsuit, there are legal fees to consider if you decide to fight a case. You may get a total that could have been avoided if you just settled.
Under copyright law, a copyright grants a creator exclusive rights to distribute or reproduce their original work. There may be exceptions, but initially, the creator owns the copyright to the work she created. It would be nice if people had a better understanding of how creators like those in the entertainment industry create works of art. But in the meantime, they need to focus on how to respond to a demand letter.