Infringement occurs when someone violates the rights of an owner of a valid copyright without permission. This can occur as a result of photocopying a book, downloading an image or song from the Internet, or making an unauthorized copy of a movie.

A claim of infringement will either start in federal district court or in front of the Copyright Claims Board. Even if you have a valid defense against copyright infringement, you are still required to actively fight the case. There are deadlines that you must meet. If you don't do necessary answers or other filings, a default judgment may be made against you and you may be required to pay damages. If someone has made a complaint against you, don't delay in making a reply or talking to an attorney.

The first thing to know when fighting an infringement claim is what the claimant must prove. If the claimant hasn't shown each and every element, there is not a valid claim for infringement. These elements include:

If the claimant has shown the necessary elements above, you may still have a reason why infringement hasn't occured. These are called defenses.