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How to respond to legal notice on copyright infringement?
31-May-2023 (In Trademark & Copyright Law)
We have received a Legal Notice for copyright infringement from a School in Ghaziabad. We run a chain of play schools in Ghaziabad and have a website wherein a few sections have some text that is similar to another play school's website. They have sent us a Legal Notice for copyright infringement through a Lawyer and we have to reply in 7 days.
The text that is similar on both websites is generic services offered by the schools. How do we respond to them and what can be the legal implications of copyright infringement.
You have 2 options available to you:
1. Remove the content from your website and settle the matter.
2. Send a reply in the form of a legal notice stating the content which is being claimed to be infringing their copyright is of common knowledge and general in nature and that the same does not amount to a copyright infringement.
Thereafter, they shall have the option of filing a complaint in the Court as copyright infringement is a criminal offence and if the same is proven then the minimum punishment is 6 months imprisonment or a fine of Rs 50,000/-.
You shall have the right to defend yourself and prove that the content does not amount to copyright and therefore, cannot be claimed to be a copyright of the School. You can also show that you are the prior user of this name.
Kindly contact us for any further details and action.
165+
Adv. Siddhant Sharma
Delhi | 200+ Answers
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Regarding this. You must immediately reply to the said notice within a period of 15 days or earlier which would have been mentioned in the notice.
You have to be careful to avoid admittance of any copyright violations in the first place as you would not seek for them seeking damages on admittance of your liability. You should in any case remove all existing content from the website.
39+
Adv. Anuj Nair
Delhi | 200+ Answers
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