I’ve Been Infringed — What Do I Do First?

Discovering that your work has been copied can feel urgent. A product image shows up on someone else’s listing. Your content appears on another account. Sales start to shift. The instinct is to act immediately — to file a takedown, submit a report, or press whatever enforcement button the platform offers.

Speed feels important in that moment.

Accuracy matters more.

Start by Slowing the Problem Down

The biggest mistakes in infringement disputes usually happen at the beginning, not the end. Filing the wrong kind of complaint — or filing the right complaint for the wrong reason — can undermine an otherwise legitimate position.

Before you submit anything, it’s worth stepping back and getting oriented.

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If it helps to step back, we’ve provided a high-level explanation of trademarks, copyrights, and related rights in our Intellectual Property Overview.

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First Question: What Exactly Do You Own?

Copyright enforcement only protects what you actually own.

That sounds obvious, but in practice it’s where many disputes go sideways. There is a difference between:

• creating something and owning the rights to it,

• using content and holding enforceable rights,

• assuming ownership and being able to prove it.

Registration status, authorship, licenses, and prior transfers all matter. Enforcement tools do not fill in gaps. They expose them.

A good first step is to confirm—carefully and honestly—what rights you hold and what those rights cover.

Second Question: What Kind of Infringement Is This?

Not every copying problem is the same problem.

Many disputes involve a mix of issues, but enforcement depends on the right being asserted, not the platform being used. Copyright infringement, trademark infringement, and contractual misuse are treated very differently, both legally and by platforms.

Choosing the wrong theory early can:

• send you into the wrong enforcement channel,

• create unnecessary resistance,

• or lock you into a process that doesn’t actually address the issue.

This Insight focuses on copyright because it is where many first enforcement efforts begin—and where many misunderstandings arise.

Third Question: Is This Actually Infringement?

This is the hardest question, and the most important.

Not every unfair situation is copyright infringement. Independent creation, licensed use, public-domain material, and limited exceptions all exist for a reason. Platforms are not designed to evaluate these nuances, but that does not make them irrelevant.

Filing an enforcement request as if every dispute were clear-cut can create problems later — especially if the other side pushes back.

Being right on the facts matters more than being fast with the form.

Document First—Before You File Anything

Before you submit a takedown or complaint, preserve the record.

That means documenting:

• what was copied,

• where it appears,

• when you discovered it,

• how it relates to your own work,

• and how the situation evolves over time.

Screenshots, URLs, timestamps, and copies of your original materials matter. Clear documentation not only supports enforcement—it protects you if the dispute escalates.

This step is often skipped. It shouldn’t be.

Understand What Platforms Will — and Won’t — Do

Platforms are not courts. They do not determine ownership, originality, or infringement in any formal sense. They manage risk.

That means:

• outcomes may not reflect the legal merits,

• similar disputes can be handled differently,

• and enforcement tools may remove content without resolving the underlying disagreement.

Platform takedowns can be effective, especially for straightforward copying. But they are a blunt instrument, and they have limits.

Recognizing those limits early prevents frustration later.

Enforcement Is Not the Same as Determination

One distinction is often overlooked at the outset: enforcing a right through platform tools is not the same as having that right formally determined.

Takedowns can remove content. They do not resolve disputes about ownership or infringement. In some situations — particularly where copying is repeated or contested — having a neutral adjudicator decide those questions can change the entire enforcement dynamic.

Options may include pursuing a determination through the Copyright Claims Board or federal court, depending on the circumstances.

The point is not that every dispute belongs in a courtroom. It’s that platform tools are not the only way to establish rights.

Be Mindful of Overreach

Copyright enforcement is powerful, but it is not consequence-free.

Overbroad or inaccurate claims can:

• damage credibility,

• escalate disputes unnecessarily,

• or create legal exposure of their own.

This is not about discouraging legitimate enforcement. Protecting creative work matters. It is about using enforcement tools carefully and in good faith.

Accuracy protects you as much as it protects your work.

The Real First Step

The first step in an infringement dispute is not filing a notice.

The first step is understanding:

• what right you’re enforcing,

• what kind of infringement is actually at issue,

• and which tools are appropriate for that situation.

Getting that orientation right early often determines whether enforcement resolves the problem — or turns into a cycle of repeated notices and escalating frustration.