If you discover your work has been used without permission, your first instinct might be to contact a lawyer or file a complaint immediately. But before you do anything else, document everything. The quality of your documentation can make or break your case.
What to Save Immediately
- Original files with creation timestamps — WAV/MP3 files, Photoshop/Illustrator files, RAW photos, source code
- Copyright registration certificates (if registered)
- Publication records — Bandcamp pages, gallery listings, social media posts with timestamps
- Evidence of the infringement — screenshots, screen recordings, downloads of the infringing content
- URLs — the exact URLs where your work appears without permission
- Metadata — EXIF data for photos, ID3 tags for music, file properties
Pro tip: timestamp everything
Use a trusted timestamping service or save files to a location with independent timestamps (cloud storage, email to yourself, blockchain-based timestamp). The more independent verification you have, the stronger your evidence.
What to Document Over Time
- Dates of discovery — When did you first notice the infringement?
- Correspondence — Save every email, support ticket, and message exchange with platforms
- Platform responses — DMCA acknowledgment letters, counter-notices, any communications
- Continued infringement — If your work remains up after you've filed a takedown, document that too
- Harm evidence — Lost sales, decreased traffic, damage to your reputation or brand
Organizing Your Evidence
Create a folder structure like this:
case-evidence/
├── 01-original-work/
├── 02-infringing-use/
├── 03-correspondence/
├── 04-timestamps/
└── 05-notes/
What NOT to Do
- Don't modify original files after discovering the infringement
- Don't delete the infringing content yourself (it may need to be preserved as evidence)
- Don't confront the infringer directly — let the legal process handle it
- Don't post about the case publicly without consulting an attorney first
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