Media Law Scenario

Received a Copyright Demand Letter

Demand Letters • Infringement • Fair Use

A copyright demand letter is a claim, not a judgment. What you do next can affect both the legal analysis and the cost of resolving the dispute.

THE SITUATION

You Received a Copyright Demand Letter

The letter may demand money, removal of content, an accounting, preservation of records, or an immediate response. Sometimes the allegations are strong. Sometimes important facts are missing. Either way, the worst first move is usually a reflexive one.

Do not assume that receiving a forcefully written demand means infringement has already been established. Copyright disputes can turn on ownership, registration, licensing, fair use, what was actually copied, when the use occurred, and what damages are legally available.

FIRST STEPS

What to Do Before Responding

Preserve the Letter and the Accused Material

Keep the demand, attachments, emails, screenshots, publication records, source files, licenses, invoices, and the version of the material that was actually published. Do not destroy evidence because someone demanded removal.

Identify What Is Actually Being Claimed

Determine what work the sender says is protected, who claims to own it, what use they object to, and what remedy they are demanding. A copyright claim should be evaluated against the specific material and specific use—not the tone of the letter.

Check Permission, Licensing, and Source

Look for licenses, subscriptions, assignments, releases, emails, platform terms, client agreements, or other evidence explaining how the material was obtained and what rights may have been granted.

Evaluate Fair Use and Other Defenses

If the material was used for commentary, criticism, reporting, analysis, parody, teaching, or another transformative purpose, fair use may be relevant. It is fact-specific and should not be reduced to a rule about seconds, percentages, or giving credit.

WHAT PEOPLE GET WRONG

Common Mistakes

Paying immediately because the letter looks official.
Sending an angry response before understanding the claim.
Deleting files, messages, or publication records.
Assuming removal automatically resolves a damages claim.
Assuming fair use applies simply because the use was short or noncommercial.
Ignoring a legitimate deadline until the dispute becomes more expensive.

A demand letter can be exaggerated, reasonable, or somewhere in between. The useful question is not how threatening it sounds. It is what the sender can actually prove and what response best protects your position.