Intellectual property · Legal information

What Is Done in a Copyright Infringement on the Internet?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A copyright infringement on the internet speaks of the takedown notice and of the claim under the Law on Intellectual and Artistic Works. It is not a trademark objection.

It speaks of the takedown notice and of the claim under the Law on Intellectual and Artistic Works. It is not a trademark objection.

The definition of copyright is in a separate article.

The URL and the publication date are the face of the evidence.

Related articles: copyright.

As content production on the internet becomes easier, copyright-infringement cases also increase. An image, a text, a video, or a piece of software being copied in seconds and published on different accounts is now an ordinary situation. The problem deepens with most right holders noticing the infringement late, or not knowing which step to take first even though they have noticed it.

In a copyright infringement the most critical element is speed. Speed does not mean acting without a plan. Hard notices made before the evidence is collected can sometimes lead the other side to delete the content and leave no trace. For this reason the first target is to record the trace of the infringement in a secure way. The later steps should be planned by taking into account the platform policy, the scope of the infringement, and the right holder’s commercial target.

This text is for general information. In the concrete file the type of content, the licence conditions, and the level of harm should be assessed together.

The first step should be to collect the digital traces of the infringement before they are lost. In practice the following data are recorded first:

  • The URL of the infringing content
  • The screenshot and the access date
  • The account or channel name, and the user information
  • A downloadable copy of the content (if possible)
  • The publication or creation records of the original work

Because a screenshot is often not enough on its own, the chain of evidence should be strengthened. The time stamp, the file metadata, and the publication history carry importance, because the content can be taken down in a short time. In institutional teams, keeping these records in a standard folder structure provides a serious advantage in later applications.

Contracts, licence documents, and production records that support ownership of the right should also be prepared at the same time. A statement of “this content belongs to me” is not persuasive on its own. The source production trace needs to be shown.

Classifying the type of infringement correctly

In digital copyright disputes, not every copying gives birth to the same legal effect. First the nature of the infringement should be determined:

  • Full copying and re-upload
  • Partial copying or adaptation
  • Removal of the watermark or of the ownership information
  • Unauthorised use for a commercial purpose
  • Use of the in-platform sharing tool beyond its limit

This classification determines the application route that will be chosen. For example, a technical share inside the platform and a direct re-upload may not require the same reaction. The distinction between a use for which a licence was given and a use outside the licence is also made here. A wrong classification gives birth to a request that is heavier than needed, or weaker than needed.

Application to the platform: the backbone of the content-takedown process

In many infringements the fastest result is to use the platform’s copyright-complaint mechanism correctly. Platform applications should be prepared according to the form structure of the relevant platform, not with the logic of a standard petition. Leaving a field empty is the main reason for a delay in the process.

The basic elements for an effective platform application:

  • The right holder’s identity and contact information
  • The links of the infringed content
  • A verifiable address of the original content
  • The scope of the request (takedown, access block, and the like)
  • The necessary declarations and undertakings of accuracy

Overly broad and uncertain requests can create a reverse effect. For example, asking that the whole account be closed, rather than the infringement at only certain URLs, can be refused if the basis is weak. A measured and concrete scope gives a stronger result.

How are a notice, negotiation, and the judicial routes balanced?

An application to the platform is not always enough on its own. If the commercial dimension of the infringement is high, or if there is a risk of repetition, the notice process can come into play. A written notice notifies the other side clearly both of the request to stop the infringement and of the frame of possible damages and responsibility.

In some files a quick negotiation and a licensing solution can be economical. Especially if a commercial relation between the parties will continue, a controlled settlement can give a more efficient result than the judicial process. By contrast, in systematic and bad-faith infringements the judicial route provides a stronger protection.

There is not a single correct route here. When the decision is made, the speed of the spread of the infringement, the dimension of the harm, the strength of the evidence, and the business targets should be read together. Where needed, a trademark infringement and a copyright infringement can be assessed together. At this point the content what can be done in a trademark infringement is complementary.

The damages argument: why is it necessary to make the claim concrete?

A damages claim in a copyright infringement becomes the priority of most right holders. The chance of success of the claim depends directly on the quality of making it concrete. The type of the harm should be shown clearly: a loss of sales, a loss of a licence fee, wear in the brand value, or the unfair transfer of an access advantage.

An account of “I suffered great harm” is not enough on its own. Access data, income tables, licence contracts, and comparative performance reports strengthen the claim. According to the dimension of the dispute, a technical expert opinion can also be assessed.

Excessive and unsupported damages claims can shadow the main claim of infringement. Balanced, calculable, and evidence-based requests are more effective in most files.

Practical management for content producers in Ankara

For agencies, software teams, and media producers operating in Ankara, copyright disputes are often closely related to the archive discipline inside the team. When the production dates, the draft versions, and the licence texts are kept regularly, ownership of the right can be proved much more quickly.

A problem often met in local offices is that content production stays scattered across different teams. When a common recording standard is not built among the design unit, the social-media unit, and the legal unit, the collection of evidence is delayed at the moment of the infringement. For this reason the process should not be left only to the legal department. It should be made part of the institutional content management.

The local context speeds the coordination. It does not change the legal standards of copyright protection. The frame of the national legislation is taken as the basis.

Preventive protection: what is done before an infringement

In the struggle with a copyright infringement, the method of lowest cost is to build a preventive system before the infringement. Even if full protection cannot be guaranteed, the following steps lower the risk to a serious extent:

  • Adding a visible source and licence note to the content
  • Keeping the creation records of the original files
  • Doing a regular digital scan and monitoring
  • Giving copyright-awareness training to the teams
  • Keeping the permission records in the use of third-party content

Thanks to this infrastructure, the reaction time shortens when an infringement is detected, and the strength of proof increases. An investment in prevention is often more efficient than crisis management after the infringement.

A usable road map, in place of a conclusion

To act effectively in a copyright infringement on the internet, a discipline of three parts is required: quick collection of evidence, a correct platform application, and a concrete legal claim. Doing only one of them is often not enough. When the right holder classifies the type of the infringement correctly and chooses a route suitable to it, the process becomes more foreseeable.

As the circulation of content in the digital world speeds up, copyright disputes will also increase in an inevitable way. For this reason copyright protection needs to be seen as a continuous system of rights management, not as an event-based reaction. For the basic frame, intellectual property law, and for the conceptual background, the content what is copyright, can be assessed together.

Tracking an infringement on social-media platforms

The social-media ecosystem is the field where an important part of copyright disputes is experienced. Different platforms have complaint systems, response times, and content-moderation policies of their own. For this reason, when a platform application is made, the current guide of the relevant platform should be examined. A single-type application pattern does not work on every platform. Infringements made on accounts that have a large follower mass can require an urgent intervention because of the speed of the spread. In files of this kind, conducting the collection of evidence, the application, and the notice at the same time can be assessed.

Claims of copyright infringement on the internet sometimes arise from a wrong reading of the licence conditions. Free content, or content licensed under Creative Commons, does not give permission for every form of use. When conditions such as a ban on commercial use, a restriction on a derivative work, or an obligation of attribution are ignored, an infringement can appear. From the right holder’s side, a risk of loss of right arises when the limits of the use for which a licence was given are not written clearly. For this reason, in content licensing, the scope, the duration, the geography, and the purpose of the use should be determined openly. If the licence contract is uncertain, the position of a party becomes harder in later disputes.

Content produced by artificial intelligence is a field that comes onto the agenda more and more as to copyright law. In a visual, a text, or a sound content that is produced, arguments can be met about ownership of the right, the use licence, and whether the source content was copied. Because this field is still developing, it is hard to give a definite and general rule. The concrete type of content, the method of production, and the purpose of the use should be assessed together. The right holder’s thinking that the holder’s own content was used without permission in artificial-intelligence training can also form a separate dispute heading. It is important to follow the developments in this subject closely and to take legal advice.

In digital copyright infringements, the most sustainable protection is to build a systematic culture of awareness inside the team. Each unit that produces content should know the licence status of the materials it uses, should obtain the necessary permissions for the content it sources, and should archive the original content it produces. These practices both strengthen ownership of the right against the outside and reduce the risk that the institution will infringe the rights of a third person. The use of an institutional guide or of a checklist supports this culture. When an annual review cycle is added, the system becomes sustainable, and the cost of seeking a right falls in the long term.

The copyright notice on the internet is not supposed to be the same petition as a trademark objection. That the office is in Çankaya does not change the competent authority is separated from this record. The takedown record is built with the work on the screen and with the notice note.

Conclusion

This article is for general information. The document, the time, and the procedure of the concrete event should be read separately. There is no promise of a result by heart.

Frequently asked questions

What should the first step be as soon as a copyright infringement on the internet is noticed?

The first step is to secure the evidence. Elements such as the URL of the infringing content, the screenshot, the publication date, the account name, and if possible the source code or the metadata should be recorded quickly. The time stamp carries critical importance, because the content can be deleted in a short time. Then the documents of ownership of the right are prepared, and a takedown request suitable for the platform is planned. Proceeding only with an oral complaint stays insufficient in most files. An application without evidence can cause a justified claim to look weak.

Does a screenshot prove a copyright infringement on its own?

A screenshot is an important starting piece of evidence, but in most files it is not found sufficient on its own. It needs to be supported with additional elements such as the URL, the access date, a copy of the content, the records of the creation of the original work, the publication history, and where needed a notary or a technical finding. Building the evidence as a chain provides protection against the other side’s defence of “the content belongs to me.” An approach of multiple pieces of evidence increases the persuasive power in the platform and court processes.

What should be paid attention to when making a content-takedown application to the platform?

Each platform’s copyright-notice format is different. For this reason the application text should be filled in to fit the fields the platform asks for. Ownership of the right, the link of the infringed content, the address where the original content is found, and the open result that is requested should be written clearly. Incomplete applications lead to a delay in the process. A bad-faith or overly broad request can increase the risk of a counter-complaint. The soundest approach is to define the scope of the infringement in a concrete and measured way.

How is a reshare on social media separated from a copyright infringement?

Not every reshare is an automatic infringement. Acts done with the platform’s technical sharing tools, and in accordance with the terms of use, can be assessed differently. The unauthorised reproduction of the content, its cropping, the removal of the watermark, or its re-upload for a commercial purpose gives birth to an argument of infringement. In the distinction, the scope of the licence, the form of attribution, and the purpose of the use are important. For this reason the right holder should make the assessment by documenting the type of the share and the limit of the permission.

Is the process different for content producers operating in Ankara?

The basic rules of copyright protection are at the national level. A different rights regime is not applied in Ankara. The difference often appears in the speed of collecting evidence, in institutional coordination, and in the order of following the application. Especially in agency, software, and media teams, keeping the content-production records systematically strengthens a later claim of right. The local context affects the management of the process. It does not change the scope of the copyright.

In a copyright infringement, is it correct to bring an action directly, or to send a notice first?

There is not a single correct answer. The urgency of the file and the effect of the infringement are determining. If the content is spreading quickly, a platform takedown and a notice can be conducted together. In some files a quick notice and a voluntary takedown provide a solution of low cost. In systematic infringements, or in those that give birth to serious commercial harm, the judicial route can become a stronger option. When the decision is made, the strength of the evidence, the dimension of the harm, and the time pressure should be assessed together.

What basis does a damages claim in a copyright infringement rest on?

In the assessment of damages, the scope of the infringement, the duration of the use, the commercial benefit, the size of the access, and the harm the right holder suffered are examined together. The same amount, or the same method, is not applied in every infringement. For this reason, when the claim is built, the concrete items of harm and the economic effect of the infringement should be supported with a document. Excessive and unsupported claims can make the process harder. Balanced, calculable, and evidence-based requests are more effective.

Which preventive steps can be taken to prevent a copyright infringement on the internet?

A preventive strategy is as important as the struggle given after the infringement has happened. Adding visible source information to the content, keeping the creation date in the file archive, writing the licence conditions openly, and doing a regular digital scan are the main steps. Giving copyright-awareness training inside the team is also useful. Even if these measures do not end the infringement completely, they make it easier to prove ownership of the right and provide a capacity for a quick intervention.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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