Settlement letters are sent to individual Internet subscribers who are identified as having infringed copyrighted material. Also known as a letter of demand (LOD), the letter is usually made up of the infringer’s name, IP address, and full details about the copyright infringement. First of all, getting a demand letter like a TCYK letter is more likely to mean that you violated the law and that copyright enforcers have evidence to show that you have infringed on copyrighted content. Second, it is not advisable to simply ignore the letter, as it could have serious legal consequences. So when you get a demand letter, respond. In each case of illegal downloading, ask about the situation or what the lyrics mean. If you ever find yourself as a “John Doe” defendant, here are some practical tips that may help you in your defense in the lawsuit:
– Settlement amounts are usually negotiable. If you receive a TCYK letter or any settlement letter, you will likely be offered a settlement amount. The number may change depending on your approach or how you try to trade. So it wouldn’t hurt to give it a try, especially if you actually did it.
– Among the copyrighted materials you can possibly hack, pornography is the most embarrassing and risky, so find a way to fix it quickly. Don’t waste your time delaying the case. It is best to make it disappear the moment it presents itself.
– Don’t fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something you can take for granted. You need to protect your own identification and avoid a possible scandal that will not help you in any way in your life.
– Fighting a case could generate higher costs compared to each negotiated settlement. In addition to the hassle that can be expected in a lawsuit, there are legal fees that you should consider if you decide to fight a case. You may end up with a total that could have been avoided if you simply settled.
Under copyright law, a copyright gives a creator exclusive rights to distribute or reproduce their original work. There may be exceptions, but initially, the creator owns the copyright to the work created by her. It would be nice if people had a better understanding of how creators like those in the entertainment industry create works of art. But in the meantime, they should focus on how to respond to a demand letter.
