Defending Copyright Infringement Claims

Has Your Business Been Accused of Copyright Infringement?

Receiving a copyright infringement allegation can create serious uncertainty for a business, particularly where substantial compensation, court proceedings or restrictions on your commercial activities are being threatened.

You may have received a solicitor’s letter alleging that your software copies a competitor’s product, that your company has used content without permission or that your business is continuing to exploit intellectual property it no longer has the right to use.

An infringement allegation does not automatically mean that your business is liable or that the compensation being demanded is justified.

At The Jonathan Lea Network, we help businesses assess and defend copyright infringement claims, respond to legal threats and manage the financial and operational risks involved.

Our focus is on establishing your legal position, protecting your business interests and identifying a proportionate resolution.

What Should You Do if You Receive a Copyright Infringement Claim?

If your business receives a formal infringement allegation, it is important to respond appropriately.

Ignoring correspondence can increase the risk of escalation, while making premature admissions or agreeing to payment demands can prejudice your position.

We recommend taking the following steps.

Check the Allegations and Deadlines

Identify precisely what copyright is said to have been infringed, what conduct is alleged and what the claimant is demanding.

A letter before action may specify a deadline for responding, request undertakings or threaten court proceedings.

If proceedings have already been served, formal procedural deadlines may apply, making immediate legal advice particularly important.

Preserve Relevant Evidence

Retain relevant contracts, licences, correspondence, development records, software repositories and documents relating to the allegedly infringing material.

Avoid deleting or altering material that could become relevant to the dispute.

Avoid Making Admissions Before Obtaining Advice

A business may have a valid explanation for its use of material or grounds to challenge the allegation.

Before accepting liability, signing undertakings or agreeing to compensation, it is important to understand the legal and commercial consequences.

We can help you assess the claim and prepare an appropriate response.

Can Your Business Challenge the Copyright Allegations?

Copyright infringement claims can raise several factual and legal questions.

Depending on the circumstances, there may be grounds to dispute:

• Copyright ownership: Whether the claimant owns or is entitled to enforce the rights being asserted.
• Copyright protection: Whether the relevant material qualifies for copyright protection.
• Alleged copying: Whether your business copied a protected work or a substantial part of it.
• Independent development: Whether the disputed material was created independently.
• Licensing rights: Whether your business had permission to use the material.
• Statutory exceptions: Whether a relevant copyright exception applies.
• Compensation: Whether the claimed losses or financial demands are supported by evidence.

The strength of any defence will depend on the facts and supporting documents.

We can investigate these issues and explain the available options.

Defending Software and Source Code Infringement Claims

An allegation that your business has copied a competitor’s software can be particularly disruptive.

The claimant may demand that you stop distributing a product, remove functionality, disclose technical information or pay substantial compensation.

These demands may affect customers, development plans, commercial contracts and the value of your business.

Software disputes often involve questions about the distinction between protected code and unprotected ideas or functionality, independent development, contractual ownership and licence permissions.

Technical evidence may be required to establish what has been copied, whether any protected expression has been reproduced and how the relevant software was developed.

We can help your business review the allegations, preserve evidence and assess the legal and commercial risks before deciding how to respond.

Can You Challenge an Excessive Compensation Demand?

Copyright infringement demands may include claims for lost profits, licensing fees, additional damages or legal costs.

However, the amount demanded is not necessarily the amount legally recoverable.

A claimant must establish an appropriate basis for the remedy sought.

We can review the calculation, consider whether the alleged loss is supported by evidence and assess whether the sum claimed is proportionate to the circumstances.

Even where some infringement is established, there may be substantial disagreement about the appropriate remedy.

What if the Claimant Threatens an Injunction?

An injunction may restrict your business from using, distributing or commercially exploiting particular material.

For a company whose operations depend on software, content or other intellectual property, the consequences could be significant.

If an injunction is threatened, it is important to assess the allegations promptly, including whether interim relief is justified and the practical effect on your business.

We can advise on responding to the application, available evidence, potential undertakings and the relevant litigation risks.

How We Help Businesses Defend Copyright Claims

1. Assessing the Allegations : We review the relevant correspondence, evidence, ownership position and contractual arrangements.

This allows us to assess the merits of the claim and identify potential defences.

2. Evaluating Financial and Operational Exposure: We consider the compensation being demanded, potential legal costs and any risk to business continuity.

Where a product, service or customer relationship may be affected, these commercial considerations can be particularly important.

3. Preparing a Strategic Response: We can prepare responses to letters before action, challenge unsupported allegations, request further information and engage with the claimant’s solicitors.

4. Negotiating a Resolution: Where appropriate, a dispute may be resolved through settlement, revised licensing arrangements, undertakings or an agreed payment.

We aim to avoid unnecessary escalation while protecting your legal position.

5. Defending Court Proceedings: Where proceedings have been issued, we can advise on the defence, evidential requirements, procedural obligations, settlement opportunities and litigation risks.

Depending on the nature of the claim, proceedings may take place in the Intellectual Property Enterprise Court or elsewhere in the High Court.

Should Your Business Settle or Defend the Claim?

The right approach depends on the merits of the allegation, the value of the claim, the potential effect on business operations and the likely costs of a contested dispute.

Sometimes a commercial settlement may be the most sensible option, even where liability is disputed.

In other circumstances, defending a claim may be important to avoid unjustified payments, protect a valuable product or resist restrictions on the business’s activities.

We help businesses weigh these considerations and decide on an appropriate strategy.

Speak to Our Copyright Defence Solicitors

If your business has received a copyright infringement allegation, compensation demand or threatened proceedings, obtaining advice early can help you manage the risks.

At The Jonathan Lea Network, we can discuss the background to the allegations and explain the potential scope of legal assistance.

We provide most enquiries with an indicative scope of work and fee estimate, based on the information you share. We aim to respond within one working day.

In the same email you will be invited to arrange a 20-minute complimentary, no-obligation video consultation, should the proposed scope of work and fee estimate be of interest. This initial discussion is designed to better understand your requirements, refine the scope and ensure our approach is fully aligned with your objectives, at the end of which we will email you a definitive formal fee estimate to consider and approve.

Where you would prefer to receive initial advice and guidance from the outset, or where a short introductory call would not be the most appropriate starting point, we may instead recommend a 2.5-hour fixed-fee appointment, starting from £750 + VAT. This enables us to review the information you provide, discuss your situation with you and provide considered, tailored advice at an early stage.

To make an enquiry, please email us at wewillhelp@jonathanlea.net, complete our contact form, or call us on 01444 708640.