Pursuing Copyright Infringement Claims

Has Another Business Copied Your Valuable Intellectual Property?

Discovering that a competitor, former employee or commercial partner has copied your business’s software, source code, designs or other copyright-protected work can be particularly concerning when the material is central to your commercial success.

Unauthorised copying may undermine your competitive position, divert customers, threaten valuable revenue streams or allow another business to benefit from your investment.

At The Jonathan Lea Network, we help businesses assess and pursue copyright infringement claims, with a focus on stopping unlawful copying, protecting valuable intellectual property and recovering financial losses where appropriate.

Whether you are concerned about a competing software product, a former contractor reusing your work or another company commercially exploiting your content, we can help you understand your legal position and decide what action is worth taking.

Has a Competitor Copied Your Software or Business Assets?

Copyright disputes can arise when commercially valuable material is copied or used without permission.

Common situations include:

• Software and source code copying: A competitor or former developer is allegedly using copyright-protected code belonging to your business.
• Former employees and contractors: Someone who previously worked with your company is using protected material to support a competing business.
• Unauthorised commercial exploitation: Another company is reproducing or distributing valuable content, designs or creative works.
• Copyright ownership disagreements: A developer, agency or former business partner claims ownership of work that your company believed it owned.
• Licensing breaches: A customer or commercial partner continues using protected material outside the scope of an agreement or after the relevant permission has ended.

These situations can involve substantial commercial consequences, even where the immediate financial losses are difficult to quantify.

The first step is to establish precisely what rights your business holds, what the other party has allegedly done and whether a viable legal claim exists.

What Should You Do if You Discover Copyright Infringement?

Taking appropriate steps early can help protect your position, particularly where copying is continuing or evidence could be lost.

Preserve Evidence of the Infringement

Keep copies of the allegedly infringing material, relevant website pages, communications and other available evidence.

Where software is involved, development records, repository histories and technical documentation may be particularly important.

Avoid altering or deleting relevant evidence, and seek advice before attempting to access another party’s systems or obtain confidential material.

Establish Who Owns the Copyright

Being the business that commissioned or paid for a piece of work does not necessarily mean that you own its copyright.

Ownership may depend on employment arrangements, written assignments, development agreements or other relevant circumstances.

We can review the documentation and assess whether your business has the rights necessary to pursue a claim.

Assess the Commercial Harm

Before taking formal action, it is important to consider how the infringement affects your business.

Are you losing customers or licensing income? Is a competitor benefiting from your investment? Is continued copying threatening the value of a key product or commercial asset?

Understanding the commercial impact helps determine the most proportionate response.

Can You Stop Another Business from Continuing to Copy Your Work?

Where infringement has occurred or is threatened, it may be possible to obtain undertakings from the other party requiring the activity to stop.

If an agreement cannot be reached, an injunction may be available through the courts.

In urgent cases, interim relief may be appropriate before the underlying dispute has been fully determined. However, such applications involve strict legal considerations, costs and potential financial undertakings.

We can assess whether urgent action is justified and explain the available options.

Can Your Business Recover Compensation?

Where copyright infringement is established, financial remedies may be available.

These can include damages for recoverable losses, such as lost profits or licensing income, or an account of profits attributable to the infringement.

In appropriate circumstances, additional damages may be available under section 97(2) of the Copyright, Designs and Patents Act 1988.

The amount recoverable depends on the facts and evidence. There is no automatic fixed compensation figure for copyright infringement under UK law.

We can help you assess the potential value of your claim against the likely costs, risks and practical prospects of recovery.

How We Help You Pursue a Copyright Claim

Our approach is designed around protecting your business’s interests while keeping the likely costs and benefits of legal action in perspective.

1. Reviewing the claim: We examine the relevant copyright, ownership documents and evidence of alleged infringement to assess the legal merits.

2. Establishing your objectives: We identify the outcomes that matter most to your business, whether that involves stopping infringement, securing compensation, protecting an important product or reaching a commercial agreement.

3. Taking pre-action steps: Where appropriate, we can prepare a letter before action, request undertakings, seek information and negotiate with the other party.

4. Considering settlement: Many disputes can be resolved through negotiations, licensing arrangements or other agreed remedies without the expense of contested proceedings.

5. Pursuing litigation where necessary : If a satisfactory resolution cannot be reached, we can advise on the appropriate proceedings, potential remedies, evidential requirements and costs risks.

Is Taking Legal Action Commercially Worthwhile?

Not every copyright infringement justifies litigation.

The decision will depend on the strength of the available evidence, the potential remedies, the impact on your business, the defendant’s financial position and the likely costs.

For example, stopping the unauthorised use of commercially important software may be more valuable than recovering damages for past copying.

We aim to help businesses consider these factors at an early stage, rather than pursuing litigation without a clear commercial objective.

Speak to Our Copyright Infringement Solicitors

If another party is copying valuable material belonging to your business, we can discuss the circumstances and explain how we may be able to assist.

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.