Copyright Settlement Agreement
(Pro-Accused Infringer)


Summary

This template is a settlement agreement for settling a copyright infringement litigation brought in a U.S. district court, with terms favorable to the accused infringer (defendant). This template includes practical guidance, drafting notes, and alternate clauses. Federal copyright disputes are settled in more than 70% of cases, and settlement agreements are commonly used to settle copyright disputes. This form may be used to resolve a case that is already in litigation, or be adapted for settling a dispute in the pre-litigation phase. Counsel should always make sure that any resolution is memorialized in a binding, written agreement, even if the client itself engages in direct oral negotiations with a potential adversary or reaches an oral resolution. Note that ABA Model Rule 4.2 (the "no contact" rule) forbids a lawyer from communicating with a client the lawyer knows is represented by counsel, unless the client has consented to the communication or the communication is otherwise ...