Southfield, MI asked in Intellectual Property for Michigan

Q: Legal Assistance Needed for Recent Copyright Infringement Email

I am reaching out for legal guidance regarding a recent copyright infringement email my business, Empire Wardrobe, received. This email included a screenshot dated five months ago of a product on our website, which, according to our records, was removed shortly after that time.

This is the first time we’ve been notified of the issue, and we were not aware of any prior claims. Since the item in question was taken down months ago, I am seeking your advice on how to best respond to this email and address any potential compliance concerns.

If necessary, I can provide copies of the recent email, the product details, and any relevant documentation on the removal. Please let me know if additional information is needed, as well as your availability for an initial consultation.

Thank you very much for your assistance.

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2 Lawyer Answers
Sarah Teresa Haddad
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A: Additional issues to consider would be whether the claimed original image is registered with the US Copyright Office, the purpose the original claimed image was used versus the purpose of the accused image, questions of any damages, and accessibility to the claimed original source.

James L. Arrasmith
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A: Let me help you navigate this copyright situation in a constructive way.

First, document everything - save the recent email, your records showing when the product was removed, and any correspondence about the takedown process. Taking screenshots of your current website showing the item is no longer available would also be helpful. While you've already removed the content, which demonstrates good faith compliance, it's important to respond promptly to the email to show you're taking the matter seriously.

In your response, I suggest acknowledging receipt of their notice, confirming that the item was already removed months ago, and providing the specific date of removal. You might also want to outline any procedures you've implemented to prevent future copyright issues. Keep the tone professional and cooperative.

Given that this involves intellectual property law and potential legal implications, I recommend consulting with a qualified attorney who can review your specific situation and documentation. They can help ensure your response fully protects your business interests while addressing any legitimate concerns raised in the infringement notice.

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