Legal+Process+How+Copyright+Law+Actually+Works

==//Most people are aware that there are no "copyright police." The copyright holder is responsible for identifying infringement. If a copyright holder wishes to pursue legal action against a user, there are many steps involved and at each stage of the process, there is an opportunity to evaluate and assess the likelihood of a legal judgment.//==

1. The copyright holder (usually through an attorney) issues a "cease-and-desist" letter which typically threatens a civil lawsuit if the recipient continues the undesired activity. However, if a user receives a cease-and-desist letter unjustly, you may have certain legal rights under the law.

2. If the user does not respond to the cease-and-desist letter, the copyright holder decides if it's worthwhile to pursue legal action. Since this is time-consuming and expensive, copyright holders may choose not to pursue legal action.

3. If the copyright holder files a lawsuit for infringement, the user will need to hire a lawyers or engage the services of a pro-bono law clinic. A lawyer will consider the specific context and situation and help you determine whether or not to proceed with the case. A major consideration will be whether or not your use of copyrighted materials can be considered a fair use under Section 107.

4. During the preparation phase, the plaintiff (the copyright holder) and the defendant (the user) develop a case using reasoning and evidence.

5. Only when a case comes before a judge is the final determination made about whether or not the user's use of copyrighted materials was a fair use. If a judge determines that the use was infringing, there may be severe financial penalties involved.