Pre-suit Considerations in Copyright Litigation


Summary

This practice note discusses the issues plaintiff's counsel should consider before filing a copyright infringement lawsuit in federal court, including whether plaintiff's work is registered, the statute of limitations, the proper parties to name in the lawsuit, personal jurisdiction and venue, potential defenses and counterclaims, whether to send a cease and desist or demand letter, and whether to send a takedown notice (if the Digital Millennium Copyright Act, or DMCA, is applicable). This note also discusses the practical implications of copyright litigation that counsel should discuss with their clients, including the costs of litigation, the value of damages (statutory vs. actual), the likelihood of collecting on a judgment, the potential legal implications of a verdict or ruling, and the propriety of alternative dispute resolution (ADR).