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Copyrighted Content Used Without Permission? Here’s How It Gets Handled

  • Writer: Marcus Ashcroft
    Marcus Ashcroft
  • Jun 11
  • 5 min read

Updated: Jun 16

Copyrighted Content Used Without Permission? Here’s How It Gets Handled

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In today’s digital world, content is currency. Every meme, video, beat, blog, or photo can go viral in seconds, but that speed comes with a dangerous trade-off: widespread copyright infringement. You may spend weeks crafting an original work—only to see someone else profit off it with a few clicks. Worse, many users don’t even realize they’re violating the law.

Whether you're a small content creator, indie musician, digital illustrator, or a tech startup, understanding how copyright works—and what to do when your rights are violated—is no longer optional. It's survival.

This guide goes deep into the process of handling unauthorized use of copyrighted content. You’ll learn not just what your rights are, but how to protect them. We'll walk through how it works on platforms like Instagram, YouTube, and TikTok, and cover the tools, laws, and recent changes like the EU’s Digital Services Act and the U.S. Copyright Claims Board.

What Is Copyright?

Copyright is a legal right granted to creators of original works, including music, writing, visual art, photography, video, and software code. The requirements are simple:

  • The work must be original.

  • It must be fixed in a tangible form (written, recorded, saved, etc.).

Once those conditions are met, copyright exists automatically—you don’t need to file for it or even use the © symbol. However, registering it officially strengthens your rights if you ever go to court.

With copyright, you control how your work is:

  • Reproduced

  • Distributed

  • Performed

  • Displayed

  • Adapted or modified

Anyone doing any of the above without your explicit permission—or without falling under a legal exception like fair use—is infringing on your copyright.

Common Types of Infringement Today

Copyright violations are everywhere online. Some common forms include:

  • Reposting someone’s photo on social media without permission

  • Uploading a YouTube video that contains copyrighted music or video clips

  • Using a song in a TikTok video without a license

  • Selling merchandise using someone else's design or fan art

  • Rewriting a blog post with AI tools without giving credit

Even though a lot of people do it, that doesn’t make it legal. And now, platforms and laws are starting to catch up.

What To Do First: Preserve the Evidence

The moment you suspect someone has stolen your content, save proof. This is critical before they can delete or hide it.

Here’s how:

  • Take screenshots showing the date, username, and content

  • Save the post, video, or image

  • Copy and save the direct URL

  • Use web archive tools like archive.org to preserve the page

  • Email the evidence to yourself to create a digital record

This will give you a solid foundation in case you need to escalate.

Step One: Reach Out Politely

Often, a simple message is enough. Many users don’t know they’re infringing. You might send something like:

“Hi, I noticed you used my [photo/video/art] in your [post/video/site]. I’m the original creator, and this is protected by copyright. Please remove it or contact me to discuss licensing.”

Most people will comply. If not, you’re ready for the next step.

How DMCA Takedowns Work

In the U.S., the Digital Millennium Copyright Act (DMCA) allows you to request the removal of infringing content from websites and platforms.

To do this, you send a DMCA takedown notice to the platform (not the user). It must include:

  • Your name and contact info

  • The original work’s info

  • A link to the infringing content

  • A good-faith statement that use is unauthorized

  • A legal declaration that your info is correct

  • Your signature (typed is fine)

Most platforms have forms for this:

  • YouTube: dmca.google.com

  • Facebook/Instagram: Meta Rights Manager

  • TikTok: Legal complaint center

Once submitted, the platform usually takes down the content within a few days.

What Happens Next?

After your DMCA request:

  • The content is usually removed or muted

  • The infringing user may get a warning or strike

  • The user may file a counter-notice if they believe it’s fair use or authorized

If they file a valid counter-notice, you have 10–14 business days to file a lawsuit. If you don’t, the content might go back up.

What If It’s Ignored?

If the infringer or platform ignores your requests, here are options:

  • Send a formal cease and desist letter

  • Report them to the platform host (via whois lookup)

  • Report them to their payment processors

  • Use anti-piracy services like Pixsy, Copytrack, or DMCA.com

  • Take legal action

Sometimes, just notifying a platform or service provider is enough to get a result.

Taking Legal Action

If you want to sue, there are two main routes in the U.S.

Copyright Claims Board (CCB)

A small-claims option that:

  • Handles cases up to $30,000

  • Doesn’t require a lawyer

  • Is held online

  • Costs a few hundred dollars

This is perfect for independent creators, freelancers, and small businesses.

Federal Court

If you're seeking higher damages or court orders to stop someone from using your work, federal court is the way.

You’ll need:

  • A registered copyright

  • A lawyer

  • Evidence of damages or willful infringement

Outcomes may include financial compensation, removal of content, and permanent bans or injunctions.

What About International Cases?

Your rights are protected in most countries through the Berne Convention. But enforcement can be tricky.

Steps to take:

  • Consult with a lawyer in the country where the infringement occurred

  • Use global takedown services

  • Register your copyright with local agencies

  • Monitor usage with tools that detect international infringement

New laws like the EU Digital Services Act are making it easier to report and remove illegal content from European platforms.

What About AI-Generated Content?

AI is shaking up copyright law. Tools like ChatGPT, Midjourney, and AI music generators can create content that resembles real people’s work. But is that legal?

  • AI-generated content is not protected by copyright unless a human significantly contributes

  • Training AI on copyrighted data is still a legal gray area

  • Some lawsuits are challenging whether AI models illegally use copyrighted works to learn

As a creator, monitor what’s being generated. If it looks too close to your style or work, you may have a case.

How to Protect Your Work

Don’t just wait for infringement. Protect your content from the start.

  • Watermark your images and videos

  • Add metadata with your name and copyright info

  • Use reverse image and video search tools

  • Register your most valuable content officially

  • Use clear licenses if you want people to share your work

There’s also software that can track where your work is posted across the web.

How to Use Content Safely

If you’re the one creating content using others’ work:

  • Use royalty-free or licensed materials

  • Give proper credit—but remember that credit alone is not permission

  • When in doubt, ask the creator

  • Learn what counts as fair use

  • Avoid using full songs, whole articles, or copyrighted characters without permission

Being respectful saves you from takedowns, legal trouble, and lost credibility.

Final Thoughts

Your work matters. If someone uses it without your permission, you have every right to stand up for it.

Start with evidence. Reach out calmly. Use the tools available. And escalate only when necessary.

In the end, copyright isn’t just about law—it’s about respect. When we honor creators’ rights, we protect creativity itself.

 
 
 

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