At VIA Lawyers, we’ve worked with many creators, business owners, and entrepreneurs who put tremendous effort into building something original—only to see their work copied or stolen. When someone infringes on your copyright, it’s not just a personal offense—it’s a legal matter with significant consequences.
Copyright law exists to protect your creative work, and Florida law gives you a clear path to respond when someone violates your rights.
Understanding how copyright law functions is the first step in protecting what you've created. Whether you’ve written a book, designed a logo, recorded a song, or filmed original content, your work is protected by copyright law the moment it's fixed in a tangible form.
Unfortunately, not everyone respects that protection. When infringement happens, it’s important to respond strategically.
Recognizing Copyright Infringement
Before taking action, we encourage clients to make sure their situation truly qualifies as copyright infringement under federal and Florida law.
Copyright law protects original works of authorship including literary, artistic, musical, and certain digital works. If another person uses, distributes, or reproduces your protected work without your permission—and without a valid defense—they’ve likely infringed on your copyright.
In Florida, copyright disputes often involve unauthorized use on websites, social media, business branding, or physical products.
We've seen cases where a business uses a photographer’s image without a license, or where a company copies an original design and applies it to merchandise. Under copyright law, those actions may lead to damages, and courts are willing to uphold the rights of creators in those situations.
Proving Ownership and Registration
To move forward with any copyright claim, it helps to have clear proof that you own the copyrighted material. Under federal copyright law, ownership begins automatically when the work is created, but registration with the U.S. Copyright Office provides stronger legal standing, especially if litigation becomes necessary.
In Florida, we regularly advise clients to register their work as soon as possible. A registered copyright gives you the ability to file a lawsuit in federal court and seek statutory damages, which are often higher than actual damages.
It also allows you to ask for attorney’s fees. Even if your work isn’t registered at the time of the infringement, you can still pursue a claim, but the legal remedies may be more limited.
Copyright law supports creators who take proactive steps, and registration shows the court that you're serious about protecting your intellectual property. At VIA Lawyers, we assist clients in registering their work and using that documentation to build a strong foundation for action.
Sending a Cease-and-Desist Letter
When someone infringes on your copyright, the first step is usually a cease-and-desist letter. This letter puts the infringer on notice that they’re using copyrighted material without permission. Under copyright law, this formal communication shows that the infringement is not only recognized but that legal action may follow if it doesn’t stop.
We craft these letters with precision—outlining what was infringed, how it was used, and what needs to happen next. In many cases, the infringer will remove or stop using the content after receiving such a letter. It often resolves the issue without the need to go to court.
Florida law does not require a cease-and-desist letter before filing a lawsuit, but it can strengthen your case by showing you acted in good faith to resolve the matter without immediate litigation. In our experience at VIA Lawyers, this step also helps to gather evidence and gauge the infringer’s response, which may affect how the case unfolds.
Pursuing Legal Action in Federal Court
If the infringer refuses to comply, copyright law gives you the right to take the matter to federal court.
All copyright infringement lawsuits must be filed in federal court, even when the parties are located in Florida. In court, you can seek actual damages—based on the financial harm you’ve suffered—or statutory damages, which don’t require proof of actual losses.
One advantage of pursuing statutory damages under copyright law is that they can reach up to $150,000 per work infringed if the infringement is found to be willful. This can be a powerful remedy when your work has been exploited widely or used to generate revenue without your permission.
We’ve helped clients file lawsuits when cease-and-desist letters didn’t work or when infringement continued even after a warning. With the right evidence, legal arguments, and registration in place, Florida creators can protect their rights through the courts.
Responding to Online Infringement
Online infringement has become increasingly common. Whether it’s a stolen image on a blog, pirated music on a streaming platform, or a copied video on social media, copyright law still applies. Fortunately, the Digital Millennium Copyright Act (DMCA) offers a tool for removing infringing content from websites.
Under the DMCA, you can send a takedown notice to the internet service provider or website host where the infringing content appears. This process is legally recognized and can be highly effective in forcing content removal. At VIA Lawyers, we help clients draft DMCA notices that comply with all legal requirements and submit them properly.
In Florida, where many businesses operate online, DMCA requests are a key part of enforcing copyright law. They allow for quick action without having to immediately pursue litigation. Still, if the content is reposted or monetized again, further legal steps may be needed.
Knowing the Defenses to Copyright Infringement
Not every use of a copyrighted work is considered infringement under copyright law. There are legal defenses, and infringers may try to claim one to avoid liability. The most common is “fair use,” which allows for limited use of copyrighted material for purposes such as criticism, news reporting, education, or parody.
Fair use is decided on a case-by-case basis, considering factors like how much of the work was used and whether it impacted the original work’s value. In Florida, courts apply federal fair use principles, and these can sometimes be subjective.
At VIA Lawyers, we help clients analyze whether the infringer’s use might qualify for a fair use defense—and if not, we prepare to challenge it.
Another defense is that the work isn’t original enough to be protected under copyright law. But most creative works meet the low threshold of originality required. When someone tries to use that defense, we show how the work meets copyright standards and why it qualifies for legal protection.
Understanding the Value of Legal Protection
Copyright law is designed to protect not just large corporations and famous artists, but everyday creators as well. We’ve worked with Florida authors, designers, photographers, and musicians who thought they had no recourse—only to learn that the law was on their side all along.
Protecting your rights isn’t about retaliation; it’s about respect for creative labor. When someone profits from your effort or uses your work without permission, it devalues the time, thought, and energy you invested. Copyright law exists to protect those investments and give you a voice when others try to take what you’ve created.
In Florida, copyright issues are especially relevant to industries like publishing, digital marketing, content creation, and design. With so much creative output happening across the state, it’s no surprise that disputes over content ownership arise. That’s why staying informed and being proactive makes a difference.
Preventing Future Infringement
Once infringement has occurred and the matter is resolved, we often work with clients to prevent similar problems in the future. This includes registering future works promptly, including copyright notices on all public-facing materials, and using licensing agreements to define how others may use your work legally.
While copyright law offers strong remedies after infringement, it’s even better when creators can reduce the likelihood of being copied in the first place. At VIA Lawyers, we help build structures around your intellectual property that make it easier to protect and enforce your rights if someone crosses the line.
We also work with businesses to develop internal policies for respecting copyright law in their own operations. Just as creators need protection, companies need to avoid the risk of using content they don’t own. Copyright law cuts both ways, and understanding it helps everyone operate with greater integrity.
Standing Up for Your Creative Work
At VIA Lawyers, we believe that copyright law is not just about rules and regulations—it’s about fairness. We’re proud to serve Miami, Florida, and the surrounding areas. Call today.
