How can I legally gather evidence of copyright infringement?

With creative products increasingly shared widely on the internet and digital platforms, copyright infringement is also quite common. When discovering an infringement, the first important step for the author or copyright owner is to gather evidence. So, how can you legally gather evidence of copyright infringement? Let’s find out in the article below.

What is copyright infringement?

Before learning how to gather evidence of copyright infringement, it’s necessary to understand what constitutes copyright infringement according to the law. Correctly identifying the infringing act is crucial for the author or copyright owner to protect their legal rights and interests.

According to Article 28 of the 2022 Intellectual Property Law, the following acts are considered copyright infringement:

• Appropriating copyright in a work

• Impersonating the author

• Publishing or distributing a work without the author’s or copyright owner’s permission

• Copying a work without permission

• Using a work without paying royalties or remuneration as prescribed

• Intentionally deleting or altering electronic copyright management information

Depending on the nature and extent of the violation, copyright infringements may be handled through various measures such as requiring cessation of the infringing act, compensation for damages, administrative penalties, or even criminal prosecution.

Therefore, upon discovering signs of copyright infringement, the author or copyright owner should quickly identify the infringing act and proceed to collect legal evidence to protect their rights in accordance with the law.

Types of evidence in copyright infringement cases

In resolving disputes related to copyright infringement, evidence is a crucial element that helps competent authorities determine the truth of the case. Providing complete and legitimate evidence will help prove ownership of the work as well as the infringing behavior of the party involved.

According to Article 94 of the 2015 Civil Procedure Code, evidence can include various forms, such as:

• Readable, audible, and visible documents

• Electronic data

• Physical evidence

• Witness statements

• Expert opinions

• Minutes recording the incident

In copyright infringement cases, the most common evidence includes:

• Original or copies of the work

• Copyright registration certificate

• Images, videos, or recordings of the infringing act

• Contracts for the exploitation of the work

• Invoices and documents related to the use of the work

How can I legally gather evidence of copyright infringement?

For evidence to be accepted by the competent authority, its collection must comply with legal regulations. Below are some common and legal ways to gather evidence.

Storing and copying infringing content

If copyright infringement occurs on the internet, you can take screenshots, record screen videos, download infringing content, etc.

These documents should clearly show:

• The website or platform where the content was posted

• The time the infringement was discovered

• The specific content of the infringement

However, to increase their legal value, these documents should be verified or certified by a competent authority.

Creating a notarial record

One of the most common ways to gather evidence today is to create a notarial record through a bailiff. A bailiff’s report is a document prepared by a bailiff to record events and actions that actually occurred, for example:

• A website posting infringing content

• A store selling illegally copied products

• An individual using a work without permission

A bailiff’s report has evidentiary value in legal proceedings as prescribed by law.

Request for copyright expertise

In some cases, to prove copying or copyright infringement, expert assessment is required.

According to Article 201 of the Intellectual Property Law, the rights holder may request the competent authority to commission an intellectual property expert assessment to determine:

• Whether or not copyright infringement has occurred

• The extent of copying or unauthorized use of the work

The expert’s conclusion is one of the important pieces of evidence in the dispute resolution process.

Collecting contracts, invoices, and related documents

In addition to proving the infringement, the author or copyright owner also needs to collect documents proving their rights to the work.

These documents may include:

• Copyright registration certificate

• Transfer or licensing agreement

• Invoices and receipts related to the exploitation of the work

• Manuscript or original copy of the work

These documents help establish legal ownership of the work.

Notes on collecting evidence of copyright infringement

In reality, not all collected documents have legal value. If the evidence collection is not done properly, it may not be accepted by the competent authority when resolving disputes. Therefore, to ensure that evidence is legally valid and usable in the process of handling violations, the following points should be noted:

• Collect evidence as early as possible: In the internet environment, infringing content can be deleted or modified at any time. Therefore, evidence should be recorded immediately upon detection of the violation.

• Avoid infringing on privacy: Evidence collection must comply with the law and must not involve unauthorized access to other people’s data systems, personal accounts, or devices.

• Carefully preserve evidence: Evidence needs to be stored completely, avoiding modification or alteration of the original content.

• Seek assistance from legal experts: In complex cases, consulting with lawyers or intellectual property experts will help ensure that the evidence collection process complies with legal regulations.

The above is an article titled “How to legally collect evidence of copyright infringement?”. Preparing complete, legal, and timely evidence will help authors or copyright owners protect their legitimate rights and interests, and create an important basis for requesting competent authorities to handle infringement.

Sincerely,

FAQ